New Potentially Hazardous (Homemade) Cottage Food Items Rule
The West Virginia Department of Agriculture announces the new Potentially Hazardous (Homemade) Cottage Food Items Rule. This rule establishes regulations governing potentially hazardous food products prepared, processed, and sold from home kitchens in West Virginia to help ensure the safety and health of consumers throughout the state. These regulations include requirements for permitting, inspections, labeling, operational standards, and applicable exemptions for homemade potentially hazardous food products.
Important Requirements
Permit Information
Registration Period
January 1 through December 31 of the following year
Permit Coverage
Valid in all counties throughout West Virginia
Sales Restriction
Products may only be sold within the geographic boundaries of West Virginia.
Kitchen Inspections
WVDA inspections are required before a permit is issued.
Kitchen inspections conducted by the WVDA are required prior to receiving a permit.
All non-potentially hazardous food products may continue to be sold as cottage foods without a cottage food vendor permit.
Potentially Hazardous Cottage Food Included (but not limited to)
| Commodity | PH Cottage Food Vendor Permit WVDA | Other Permits/ Requirements |
| Canned Acidified Foods | Required | Process Authority, WVDA label review and training certification |
| Acidified Condiments-Potentially Hazardous | Required | Process Authority, WVDA label review and a training certificate. |
| Cut Produce | Required | Not Required |
| Fermented products | Required | Process Authority and WVDA label review |
| Freeze Dried Products/Dehydrated | May be required | The same requirements apply as before the freeze-drying/dehydrating process. |
| Jams & Jellies (non-standard, i.e., basil, hot pepper, etc., no sugar added/artificially sweetened) | Required | Process Authority, WVDA label review and training certification |
| Other canned or preserved foods | Required | Contact WVDA |
| Pickled products | Required | Process Authority, WVDA label review and training certification |
| Salsas | Required | Process Authority, WVDA label review and training certification |
| Sauces – hot sauce, marinara, spaghetti | Required | Process Authority and WVDA label review |
| Time/Temp Controlled Foods | Required | Contact WVDA |
| Infused honeys and syrups | May be required | Contact WVDA |
| Acidified Fruits and vegetables | May be required | Contact WVDA |