# Cottage food label requirements in West Virginia

> Informational only, not legal or food-safety advice. Verify with West Virginia Department of Agriculture before printing labels. Last checked 2026-08-05.

## What goes on the label

1. The product name, in words a customer would use.
2. Every ingredient, heaviest first.
3. The major allergens, called out separately from the ingredient list.
4. Who made it: your name or your business name.
5. How to reach you.
6. The date it was made.

## The required statement

As published for 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.

Published as fixed text: reproduce it exactly.

## Detail

THE LAW JUST CHANGED. SB 44 (2026) was signed 27 March 2026 and took effect 12 June 2026, adding a new W. Va. Code Article 40 (§19-40-1 to §19-40-7) reorganizing cottage foods. Non-potentially-hazardous foods (ordinary baked goods) stay under §19-35-6 and need no permit, training or inspection. Potentially hazardous cottage foods now REQUIRE a WVDA vendor permit. Neither statute contains fixed label text: §19-35-6 and §19-40-5 both just say "labeled in compliance with the department's labeling standards", so the operative wording lives in WVDA's guidance. Local health departments have a narrow role: under §19-40-3 a local health department may order cessation of production by a potentially-hazardous cottage food permittee if it believes an imminent health hazard exists, in consultation with WVDA. Other label elements per WVDA: producer name, home address and telephone number, common name of the item, ingredients in descending order of predominance, net contents (may be handwritten for non-PHF if legible), FDA allergen statement. Labeling may alternatively be met by a placard at point of sale, a receipt or other document, or published on the website if sold online. WVDA offers free label review and asks to be contacted before you design a label.

## Sources

- Authority: West Virginia Department of Agriculture (WVDA) — Regulatory & Environmental Affairs for cottage food, Business Development for free label review (productlabeling@wvda.us, cottagefoods@wvda.us, 304-558-2227)
- Rule: https://agriculture.wv.gov/wp-content/uploads/Farmers-Market-Vendor-Guide.pdf
- Authority page: https://agriculture.wv.gov/ag-business/label-review/