How to start a home-based food business in Virginia

Do I need a license to sell homemade food in Virginia?

You do need a license to sell any kind of food in Virginia, including homemade food. Unlike some states, where home food businesses might fall under their own law, both home and commercial food businesses must be inspected and issued a permit from the Virginia Department of Agriculture and Consumer Services (VDACS). However, there are some exceptions where you don’t need a permit, which we will discuss in more detail later. 

If you’re making certain “low-risk” foods from your home, you don’t need a license or permit. 

• Candies
• Jams and jellies not considered to be low-acid or acidified low-acid food products
• Dried fruits

• Dried herbs

• Dry seasonings

• Dry mixtures

• Coated and uncoated nuts

• Vinegars and flavored vinegars

• Popcorn and popcorn balls

• Cotton candy

• Dried pasta

• Dry baking mixes

• Roasted coffee

• Dried tea

• Cereals

• Trail mixes

• Granola

• Baked goods that do not require time or temperature control after preparation

How much is a food license in Virginia?

If you’re making food that’s not in the above list, or if your business doesn’t fit the requirements for exemption in other ways (which we will cover later), you’ll need a permit from the VDACS. Fortunately, the application itself is free, and the fee for the permit is only $40 yearly. 

How to start a home-based food business in Virginia?

You can start a home-based food business in Virginia in many different ways, but most people follow a series of steps. 

Here are the steps: 

1. Figure out what kinds of food you want to sell. This will help you decide whether you need to apply for a permit or not, and if you do, it’ll help you fill out your application and label your food later.
2. Decide whether you need a permit or not. As mentioned before, some foods don’t need a permit to produce. However, if you run a home kitchen food establishment without a permit, you will have some other limitations, like not being able to sell food online or ship your food to customers via mail.
   1. If you DO want to apply for a permit, follow all the steps.
   2. If you DON’T want to apply for a permit, you can skip step 3 and step 5.
3. Apply for a permit. You can apply for a permit with the form here. The VDACS has more information here and FAQs about the application process here.
4. Label your foods properly. You’ll need to include labels of your products during the application process, or if you’re not applying for a permit, you are still required by the law to label them according to legal standards.
   1. If you AREapplying for a permit, you must include all the information in page 18 of the VDACS guide here. Your label will need to include many details about your product, including:
      1. Statement of identity
      2. Net Contents
      3. Ingredients
      4. Allergen Labeling
      5. Name and Place of Business
      6. Nutrition Facts Label
      7. Claims
      8. Other (please refer to the linked document)
   2. If you AREN’Tapplying for a permit, you need to include:
      1. A label displaying the name, physical address, and telephone number of the person preparing the food product,
      2. The date the food product was processed, and
      3. The statement "NOT FOR RESALE — PROCESSED AND PREPARED WITHOUT STATE INSPECTION".
5. Prepare for an inspection. It’s a good idea to make sure your home is up to safety standards, both for the inspection and for the health and safety of your customers.
6. Sell your food. If you have a permit, you can sell your food online or ship it to people by mail using services like FormPay. If you do not have a permit, you can’t sell your food online, so you’ll have to sell it directly from your home or at in-person events like farmer’s markets.
7. Promote your business. The last thing to do is to promote your business. Whether you have a permit or not, you can still advertise your business online even if you can’t sell your food online. You can start by telling your family and friends, then reach more people through social media. Check out this article for more tips on how to promote your business. 

How to sell food online in Virginia?

Remember, you can only sell food online in Virginia if you have a permit (though you can always advertise your business online, as mentioned above). Many independent food businesses like G Sweets and Uncle Tim’s Delicacies use an e-commerce tool like FormPay to quickly and easily conduct transactions online. If selling food online is important to you, you may want to consider getting a permit even if you don’t otherwise need one. 

Can I sell freeze-dried food in Virginia?

Yes, you can sell freeze-dried food in Virginia—as long as you have a permit, since freeze-dried food wouldn’t be one of the low-risk foods that are exceptions to needing a permit. 

Do you need a permit to sell lemonade in Virginia?

You do actually need a permit to sell lemonade in Virginia, since it’s also not one of the exceptions that don’t need a permit. This doesn’t mean that young people opening a lemonade stand on the street corner will always be held to legal standard, but if you are selling lemonade as a business, you do need a permit. 

Summary

Fortunately, it’s pretty easy to sell homemade food in Virginia. All you need is to apply for a permit, and in some cases, you may not even need a permit. Whichever method you choose, you’ll be able to sell your food from home afterwards, and if you have a permit, you can also use a service like FormPay to sell your food online as well. 

Resources

Home and Commercial Kitchen-Based Businesses and Food Service Vendors

Home Food Processing Operations