West Virginia Cottage Food Label Requirements

Required Label Elements

Every cottage food product sold in West Virginia — whether Track 1 or Track 2 — must carry a label that meets the requirements of 61CSR42-6 and general state food labeling standards. The label must be affixed directly to the package or container. For bulk or unpackaged items sold at farmers markets, a display placard at the point of sale serves the same function. For online listings, every label element must be displayed on the product's webpage.

Here is what must appear on every label:

Statement of identity: The common name of the product (e.g., "Strawberry Jam," "Sourdough Bread," "Pickled Green Beans"). This tells the buyer exactly what they are purchasing.

Complete ingredient list: All ingredients listed in descending order of predominance by weight. The heaviest ingredient by weight goes first, the lightest goes last.

Allergen declarations: The federal "Big Nine" allergens must be declared — milk, eggs, fish, shellfish, tree nuts, peanuts, wheat, soybeans, and sesame. You can either list them in a separate "Contains:" statement below the ingredient list or bold them within the ingredient list itself.

Net contents: The weight or volume of the product in both U.S. customary units and metric units (e.g., "Net Wt. 8 oz / 227 g"). This must reflect the quantity of food, not the weight of the container.

Producer contact information: Your name and contact information. Track 2 labels require at minimum city, state, and zip code rather than a full street address.

Home-kitchen disclaimer: A conspicuous statement indicating that the product was made in a home kitchen. Use the current wording in WVDA guidance.

How Track 1 and Track 2 Labels Differ

The core elements are the same, but Track 2 labels carry additional requirements reflecting the higher regulatory oversight:

• Track 2 producers must include any special storage instructions (e.g., "Keep Refrigerated" for TCS products)
• Track 2 labels undergo formal WVDA review as part of the permit application — the WVDA may request wording changes before approving your permit
• Track 1 labels are not pre-reviewed by any state agency, but must still comply with all labeling standards; the WVDA can review them voluntarily if you submit them

For both tracks, the label must be legible, durable (it cannot smear or wash off under normal handling conditions), and prominently displayed on the principal display panel of the product.

Common Labeling Mistakes

Missing allergens: The Big Nine declaration is federal law. Omitting sesame (added in 2023) or tree nuts from a product that contains them is a serious compliance failure that can trigger product recalls and liability claims.

Vague ingredient names: "Spices" is acceptable as a collective term for spice blends, but individual allergens within that blend must still be declared. "Natural flavors" does not exempt you from disclosing allergens in the flavoring.

Incorrect net weight: Measuring by volume when the product should be measured by weight (or vice versa) is a common mistake with jams and spreads. Solid and semi-solid foods use weight measurements; liquids use volume.

No home-kitchen disclaimer: Selling without the disclaimer violates state law even if the product is perfectly safe. At farmers markets, this is one of the first things market managers check.

Retail Consignment Labeling

If you sell Track 1 products through retail stores on consignment, the store must display a conspicuous placard stating that the products are homemade and produced in a home kitchen exempt from state licensing and inspection. This placard requirement protects both you and the retail partner from local health department interventions. The placard is the store's responsibility, but you should provide the required language and confirm it is posted before your products go on the shelf.

Getting Labels Right Before You Sell

Label compliance is one of the most common reasons the WVDA delays Track 2 permits — and one of the most common triggers for enforcement actions against Track 1 sellers at farmers markets. Getting it right before your first sale is significantly cheaper than correcting it after a complaint or inspection.

Our West Virginia Cottage Food & Home Food Business Guide includes a label compliance worksheet with the exact layout, required statements, and allergen declaration format the WVDA expects to see.

See more West Virginia guides →