Home Bakery Permit Requirements in Virginia Beach, VA

1. EIN (Employer Identification Number)

   Required if you have employees or operate as an LLC/corporation. Free from the IRS.

   Official government source

   Free·Immediate (online)

   Free

   Immediate (online)

1. Virginia Code §3.2-5130(C)(3) Home-Based Food Exemption

   Virginia law (Code of Virginia §3.2-5130(C)(3)) exempts private-home producers of candies, jams, jellies, dried fruits, dry herbs/seasonings, baked goods, and similar shelf-stable, non-time/temperature-control foods from state food establishment inspection and permitting entirely — no VDACS registration or fee is required. There is no dollar sales cap for this category. Sales must be direct to an individual for their own consumption (not resale/consignment) and may occur in person, online, or by phone/delivery, but the product must be labeled with the preparer's name, address, phone number, processing date, and the statement 'NOT FOR RESALE PROCESSED AND PREPARED WITHOUT STATE INSPECTION.'

   Official government source

   $0 (no VDACS registration fee applies to this exemption)·N/A (no application/registration process)

   $0 (no VDACS registration fee applies to this exemption)

   N/A (no application/registration process)

2. Virginia State Corporation Commission (SCC) Business Registration

   If operating as an LLC or corporation, registration with the Virginia State Corporation Commission is required. Many cottage food producers operate as sole proprietors and are not required to register with the SCC, but an LLC provides liability protection.

   Official government source

   $100 (LLC filing fee, if applicable)·1–2 weeks

   $100 (LLC filing fee, if applicable)

   1–2 weeks

3. Virginia Department of Taxation Sales Tax Registration

   Baked goods sold directly to consumers as food for home consumption are taxed at Virginia's reduced Grocery Tax rate of 1% (statewide), not exempt. If you sell at events where other (fully taxable) items are also sold, register with the Virginia Department of Taxation for a sales tax certificate.

   Official government source

   Free·1 week

   Free

   1 week

1. Virginia Beach Zoning — Home Occupation Standards

   A home bakery run from a Virginia Beach residence must comply with the City Zoning Ordinance's home-occupation accessory-use standards, administered by Zoning Administration. These standards limit customer visits, signage, and the nature of the business activity conducted in a dwelling. Virginia Beach does not issue a separate home occupation permit — compliance is confirmed with Zoning Administration at 757-385-8074 rather than through a permit application.

   Official government source

   No separate permit fee·No permit to wait on — confirm compliance with Zoning Administration before you start selling

   No separate permit fee

   No permit to wait on — confirm compliance with Zoning Administration before you start selling

Official Sources

• Virginia VDACS — Home Food Production Operations
• Virginia Beach Department of Planning — Permits & Inspections
• Virginia State Corporation Commission — Business Registration

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