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Cottage Food Label Requirements in West Virginia (2026)

Selling homemade food in West Virginia means your label has to follow the West Virginia nonpotentially hazardous (cottage) foods — W. Va. Code §19-35-6 (production/sale exempt from licensing, permitting, inspection, packaging, and labeling laws when in conformity with the section and its legislative rules); labeling standards codified at W. Va. Code R. §61-38-7 (Labeling; 2023 amendment). NOTE: a parallel 2026 Cottage Food Act (reported as W. Va. Code §19-40 / SB 44) that cross-references §19-35-6 and the same labeling standards is REPORTED but was NOT independently verified here — confirm with WVDA before relying on it; the confirmed operative authorities are §19-35-6 and §61-38-7. Here is exactly what that label must show in 2026 — the required fields, the allergen rule, and the verbatim disclaimer and its font size — sourced to the statute and dated.

In brief — West Virginia

Required disclaimer
“This product was made in a non-commercial kitchen that may not be subject to inspection and may contain cross-contact allergens not included in the allergen statement.”
Minimum font size
Not specified by the state
Permit number on label
No
Program
West Virginia nonpotentially hazardous (cottage) foods — W. Va. Code §19-35-6 (production/sale exempt from licensing, permitting, inspection, packaging, and labeling laws when in conformity with the section and its legislative rules); labeling standards codified at W. Va. Code R. §61-38-7 (Labeling; 2023 amendment). NOTE: a parallel 2026 Cottage Food Act (reported as W. Va. Code §19-40 / SB 44) that cross-references §19-35-6 and the same labeling standards is REPORTED but was NOT independently verified here — confirm with WVDA before relying on it; the confirmed operative authorities are §19-35-6 and §61-38-7.
Last verified
2026-08-10

What must be on a West Virginia cottage food label

The disclaimer West Virginia requires

Print this statement on the label, word for word:

“This product was made in a non-commercial kitchen that may not be subject to inspection and may contain cross-contact allergens not included in the allergen statement.”

Required verbatim by W. Va. Code R. §61-38-7 §7.5.a for any food made in a home, farm, or community (non-commercial) kitchen — CONFIRMED word-for-word against the official regulation. No point size is prescribed; §7.4 requires all label elements to be "of a size and style that is easily legible to the average person." Do NOT paraphrase or shrink it. (Reported: an earlier pre-2023 "private residence" wording sunset — use only the current text above; sunset date not independently re-verified here.) For nonpotentially hazardous foods, WVDA guidance reports the required information may alternatively be provided on a placard at point of sale, on a receipt/other document, or on the website for online sales instead of an affixed label — treat as secondary and confirm with WVDA.

What's specific about selling cottage food in West Virginia

West Virginia is unusual on two counts. First, nonpotentially-hazardous (shelf-stable) homemade foods are exempt from licensing, permitting, and inspection — yet they must still carry the department's full labeling standards, including a state-specific verbatim disclaimer, rather than being exempt from labeling entirely. Second, that disclaimer is uniquely worded: "This product was made in a non-commercial kitchen that may not be subject to inspection and may contain cross-contact allergens not included in the allergen statement" — copied word-for-word or not at all. The producer's location only needs city/state/ZIP — no street address or phone.

Common mistakes cottage food sellers make in West Virginia

Copy the disclaimer word-for-word

W. Va. Code R. §61-38-7 §7.5.a mandates the exact sentence "This product was made in a non-commercial kitchen that may not be subject to inspection and may contain cross-contact allergens not included in the allergen statement." Do not substitute a generic "Made in a Home Kitchen" line from another state or an old template — WV's wording is different and specific, and paraphrasing is a violation.

Sesame is the 9th allergen — and species must be named

West Virginia's major-allergen list includes sesame (effective Jan 1, 2023). Fish, crustacean shellfish, and tree nuts must name the specific species in parentheses (e.g., "tree nuts (walnuts)"). The allergen line goes directly below the ingredient list and must begin with "Contains". A generic "Contains: tree nuts" is incomplete.

Net contents go in the bottom third — U.S. plus metric

§7.4 requires net weight/quantity in the bottom third of the label, in U.S. measure plus the metric equivalent, and ingredients in descending order by weight beginning with "Ingredients:". Missing the metric equivalent or misplacing the net-contents line is a common labeling defect.

NPH only — no permit; potentially hazardous foods are a different path

The label-only, no-permit route is for nonpotentially-hazardous (shelf-stable) foods under §19-35-6, which are exempt from licensing/permitting/inspection when done in conformity with the section and its legislative rules. Acidified/pickled/fermented and other potentially hazardous foods fall outside this exemption and require a WVDA permit and inspection. Confirm any 2026 Cottage Food Act (SB 44) changes directly with WVDA.

How long it takes and what it costs in West Virginia

Timeline: Nonpotentially-hazardous cottage foods: immediate — no permit, no registration, no waiting period; just apply a compliant label. WVDA offers an optional label-review service you can use before selling. Potentially hazardous items require obtaining a WVDA permit first, which takes longer.

Cost: $0 — no permit, license, inspection, or fee is required for nonpotentially-hazardous cottage foods. A WVDA permit/inspection applies only to potentially hazardous items; confirm any current fee with WVDA (Regulatory & Inspection Division / Label Review).

West Virginia changes its rules — we'll tell you

Cottage food laws get revised, and a new disclaimer or font size can quietly make your label non-compliant. Leave your email and we'll write to you only when West Virginia's cottage food label rules change. Nothing else, ever — and you can unsubscribe from any message.

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West Virginia cottage food labels — FAQ

Does West Virginia require a “made in a home kitchen” disclaimer?

West Virginia requires this exact statement on a cottage food label: “This product was made in a non-commercial kitchen that may not be subject to inspection and may contain cross-contact allergens not included in the allergen statement.” The state sets no minimum point size for it.

Do I have to print my permit number on the label in West Virginia?

No. West Virginia does not require a permit or registration number printed on the label.

What has to be on a West Virginia cottage food label?

At minimum: product name — the common name of the food; your business / producer name; the address of the cottage food operation; a complete ingredient list, in descending order by weight (sub-ingredients included); an allergen declaration — the 9 major FDA allergens, in the ingredient list or a “Contains:” line; net weight, in US customary and metric units; the state's required disclaimer (see below); the date the food was made; a telephone number for the operation.

Is this legal advice?

No. CottageCompliance gives general information based on each state's published rules, dated to when we last verified them. Always confirm with your state or local agency before selling.

Source: W. Va. Code §19-35-6 (https://code.wvlegislature.gov/19-35-6/); W. Va. Code R. §61-38-7 Labeling (https://www.law.cornell.edu/regulations/west-virginia/W-Va-C-S-R-SS-61-38-7); WVDA Farmers Market Vendor Guide (https://agriculture.wv.gov/wp-content/uploads/Farmers-Market-Vendor-Guide.pdf); WVDA Food Product Labeling Flyer (https://agriculture.wv.gov/food-labeling-flyer/); reported 2026 SB 44 / §19-40 (https://www.wvlegislature.gov/Bill_Text_HTML/2026_SESSIONS/RS/bills/sb44%20sub1%20enr.pdf) — not independently verified Verified 2026-08-10. General information, not legal advice — confirm with your state or local agency before selling.