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 Home Food Production Operations Act — VDACS Registration

   Virginia's Home Food Production Operations Act allows cottage food producers to sell directly to consumers without a full food establishment license, up to $25,000 in annual gross sales. Eligible foods include shelf-stable, non-potentially hazardous items such as baked goods, jams, jellies, and candy. Producers must register with the Virginia Department of Agriculture & Consumer Services (VDACS) and comply with labeling requirements. Sales must be direct-to-consumer only (farmers markets, roadside stands, or from the home).

   Official government source

   $30–$100 (VDACS registration fee)·1–3 weeks

   $30–$100 (VDACS registration fee)

   1–3 weeks

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 generally exempt from Virginia sales tax. However, if you sell at events where other taxable items may be sold, register with the Virginia Department of Taxation to ensure compliance.

   Official government source

   Free·1 week

   Free

   1 week

1. Virginia Beach Zoning — Home Occupation Permit

   Virginia Beach zoning regulations require a home occupation classification for cottage food businesses operating from a residential property. The Virginia Beach Department of Planning & Community Development reviews home occupation applications to ensure compliance with residential zoning rules, including limits on customer visits, signage, and the nature of the business activity.

   Official government source

   $50–$200 (home occupation permit, if required)·2–4 weeks

   $50–$200 (home occupation permit, if required)

   2–4 weeks

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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