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Cottage Food Labels

West Virginia cottage food label requirements

West Virginia lets nonpotentially hazardous cottage foods be sold in-state with no revenue cap and no permit, in person or remotely and through agents or third-party retailers such as grocery stores (W. Va. Code 19-35-6). The label statement is set verbatim by WVDA rule 61CSR38 §7.5.a, with no type size beyond easily legible. SB 44 (W. Va. Code 19-40, effective June 12, 2026) added a separate permitted track for potentially hazardous cottage foods, sold directly to consumers within West Virginia under emergency rule 61CSR42.

Required home-kitchen disclosure

“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.”

This is the statement your state requires, reproduced from its official rule.

Verbatim from the WVDA farmers market rule, 61CSR38 §7.5.a (effective May 1, 2023), which applies to nonpotentially hazardous cottage foods and sets no type size beyond "easily legible" (§7.4). A permit holder selling potentially hazardous cottage foods under 61CSR42 §6.3.9 prints its sentence instead: "This product was made in a non-commercial or home kitchen that may not be subject to inspection and may contain cross-contact allergens not included in the allergen statement." For nonpotentially hazardous foods the statement may also be given on a placard, a receipt or the website (§7.5.c).

Official West Virginia source Read the statute
Annual sales cap
No cap / not specified
Permit / registration
Not required
Online sales
Allowed

Nonpotentially hazardous foods may be sold by the producer in person or remotely, by an agent, or by a third-party vendor such as a retail shop or grocery store (W. Va. Code 19-35-6(b)(1), 19-35-2). Potentially hazardous cottage foods under a WVDA permit must be sold directly to the consumer and only within West Virginia (19-40-1, 19-40-2(b)).

Retail / wholesale
Allowed

Permits & training: Nonpotentially hazardous cottage foods need no license, permit, or fee (W. Va. Code 19-35-6). Potentially hazardous cottage foods made under SB 44 (W. Va. Code 19-40, effective June 12, 2026) need a WVDA permit under the emergency rule 61CSR42 and must be sold directly to the consumer within West Virginia. WVDA offers free label review (productlabeling@wvda.us).

What goes on a West Virginia cottage label

  • Product common/usual name
  • Producer name with city, state and ZIP code (61CSR38 §7.4.c)
  • Ingredients, introduced by "Ingredients:", in descending order of predominance by weight (§7.4.d)
  • Net contents in the bottom third of the principal display panel, in U.S. measures followed by the metric equivalent in parentheses (§7.4.e)
  • "Contains" allergen line directly below the ingredient list, naming the species of any tree nut, fish or shellfish (§7.4.f)
  • Safe-handling instructions where applicable (§7.4.g)
  • Required statement, verbatim (§7.5.a)
  • For honey, the WVDA guide asks for "Please do not feed to infants under 1 year of age."

Scaling past cottage food?

Selling into retail or wholesale, shipping across state lines, or making a claim like “sugar free” usually means your product needs a full FDA Nutrition Facts panel, not just a cottage label. Panelry builds one from your recipe with exact FDA rounding for $9, no subscription.

Build an FDA nutrition label →

Make your West Virginia label for free

Prefilled for West Virginia. Add your product and ingredients, and export a compliant label in minutes.

This is your statement of identity, so use the common name of the food (“Strawberry Rhubarb Jam”). A brand name alone only works when it is obvious what the food is (21 CFR 101.3(b)).

Auto-ordered by weight

Using a packaged product? Tap on its row to pull the sub-ingredients off the label automatically. Or type them yourself in parentheses, like “Chocolate Chips (Sugar, Cocoa, Cocoa Butter)”.

Auto-detected from your ingredients. Tap to add or remove. Always double-check.

This reads your ingredient list only. It cannot know what else your kitchen handles: a shared mixer, flour in the air, one fryer for two products. If an allergen you do not use could still reach this food, that is a “may contain” decision only you can make; it is voluntary, and it never substitutes for declaring an allergen you actually use.

Optional, but it sets how large the net weight has to print. 21 CFR 101.1 measures the principal display panel differently for each shape.

West Virginia home-kitchen disclosure

This is the statement your state requires on the label. Official source ↗

Verbatim from the WVDA farmers market rule, 61CSR38 §7.5.a (effective May 1, 2023), which applies to nonpotentially hazardous cottage foods and sets no type size beyond "easily legible" (§7.4). A permit holder selling potentially hazardous cottage foods under 61CSR42 §6.3.9 prints its sentence instead: "This product was made in a non-commercial or home kitchen that may not be subject to inspection and may contain cross-contact allergens not included in the allergen statement." For nonpotentially hazardous foods the statement may also be given on a placard, a receipt or the website (§7.5.c).

Also required in West Virginia

Panelry puts the product name, business name and address, ingredients, allergens, net weight and the disclosure on your label. Your state asks for these too, and you will need to add them yourself:

  • Safe-handling instructions where applicable (§7.4.g)
  • Required statement, verbatim (§7.5.a)
  • For honey, the WVDA guide asks for "Please do not feed to infants under 1 year of age."

Your county may add to this

Everything Panelry knows about West Virginia is state law. In many states the body that actually registers you, inspects your kitchen and answers complaints is your county or city health department, and some add requirements of their own: where you may sell, what you must display on a stall, sometimes the label itself. They are also the people to ask when a rule here does not match what you have been told locally.

Live preview

Free
Your Product Name
INGREDIENTS: List your ingredients to auto-order them by weight.
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.
Label made with Panelry · getpanelry.com/label

Add product name, business name, business address, at least one ingredient, net weight to export a complete label.

Need a Nutrition Facts panel too?

Most home makers are exempt from nutrition labeling under the FDA's small-seller exemption, but it holds only while the label, the listing and your ads carry no nutrition claim or nutrition information at all. One “sugar free” or “high protein” anywhere, including an online listing, and the food needs a full panel (21 CFR 101.9(j)(1)). Panelry builds one from this same recipe: your ingredients and weights carry over, and you match each to a USDA food.

Build your Nutrition Facts panel

Where this goes on the package

The name of the food and the net weight belong on the principal display panel, the face a shopper sees (21 CFR 101.3(a), 101.7(a)). The net weight goes in the bottom 30 percent of that face, unless the face is 5 square inches or smaller (21 CFR 101.7(f)).The ingredient list, allergen statement, your name and address and any nutrition panel may go on that same face or on the information panel, the part of the label immediately to the right of it as the buyer faces the package. If that part is unusable, such as a folded flap or a can end, use the next panel to the right; if the lid is the face, any adjacent panel works (21 CFR 101.2(a), (b)).Wherever they go, they have to appear in one place with nothing in between: no artwork, marketing copy or barcode running between the ingredient list and the address (21 CFR 101.2(e)).

Verify before selling

Cottage-food rules vary by state and change often. Confirm your label against your state's current requirements. Panelry is not legal advice.

West Virginia cottage food label FAQ

What must a cottage food label include in West Virginia?
In West Virginia, a cottage food label typically includes: Product common/usual name; Producer name with city, state and ZIP code (61CSR38 §7.4.c); Ingredients, introduced by "Ingredients:", in descending order of predominance by weight (§7.4.d); Net contents in the bottom third of the principal display panel, in U.S. measures followed by the metric equivalent in parentheses (§7.4.e); "Contains" allergen line directly below the ingredient list, naming the species of any tree nut, fish or shellfish (§7.4.f); Safe-handling instructions where applicable (§7.4.g); Required statement, verbatim (§7.5.a); For honey, the WVDA guide asks for "Please do not feed to infants under 1 year of age.". It must also carry the required home-kitchen disclosure shown above.
What is the required home-kitchen disclosure in West Virginia?
“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.” This wording is reproduced from the state's official rule.
Do I need a permit or registration to sell cottage food in West Virginia?
West Virginia does not require a general cottage-food permit or registration for most sellers. Nonpotentially hazardous cottage foods need no license, permit, or fee (W. Va. Code 19-35-6). Potentially hazardous cottage foods made under SB 44 (W. Va. Code 19-40, effective June 12, 2026) need a WVDA permit under the emergency rule 61CSR42 and must be sold directly to the consumer within West Virginia. WVDA offers free label review (productlabeling@wvda.us). Always confirm current requirements with the official source linked above.
Can I sell cottage food online in West Virginia?
Yes. West Virginia allows cottage food to be sold online. Check the official source for current rules on delivery and shipping.
Is there a sales cap for cottage food in West Virginia?
West Virginia does not specify a general annual sales cap for cottage food. Confirm with the official source.
Do I need a Nutrition Facts panel for cottage food in West Virginia?
Usually not for direct cottage-food sales. Most sellers only need the ingredient, allergen, net-weight, and disclosure label this page's free tool makes: 21 CFR 101.9(j)(1) exempts direct-to-consumer sellers with up to $50,000 in food sales. You do need a panel once you make a nutrient claim like “sugar free,” which voids the exemption, or once you outgrow it. Retail and wholesale buyers generally require one either way.

Cottage food labels in other states

Verify before selling

Cottage-food rules change often. Confirm West Virginia's current requirements with the official source above before printing or selling. Panelry is not affiliated with any government agency and does not provide legal advice. See our disclaimer.

Last verified September 2026 against West Virginia's statute or rule (linked above) · Panelry