West Virginia Cottage Food Track 1 Products

What You Can Sell Without a Permit

Track 1 is the permit-free pathway under West Virginia's cottage food law (W. Va. Code § 19-35-6, preserved under § 19-40-6). Any product that qualifies as non-potentially hazardous — meaning it doesn't require refrigeration or temperature control for food safety — falls under Track 1. No WVDA food permit, no routine kitchen inspection, no food-program fees, no revenue cap.

The question most home producers have isn't whether Track 1 exists. It's whether their specific product qualifies. Here's a product-by-product breakdown.

Baked Goods

The largest category for Track 1 sellers. Qualifying baked goods include:

• Breads — yeast breads, quick breads, banana bread, zucchini bread, cornbread, dinner rolls, bagels
• Cookies — drop cookies, bar cookies, shortbread, snickerdoodles, biscotti
• Muffins and scones
• Brownies and blondies
• Fruit pies — apple, cherry, blueberry, peach, and other fruit-filled pies with standard pastry crusts

The common thread: these products are shelf-stable at room temperature. They don't need refrigeration to be safe.

What pushes a baked good off Track 1: Any filling, frosting, or topping that requires refrigeration moves the product to Track 2. Cream cheese frosting that requires refrigeration, custard fillings, refrigerated meringue or whipped-cream toppings, and cheesecake all trigger the potentially hazardous classification. Standard buttercream (butter and powdered sugar) that is shelf-stable, fondant, royal icing, and powdered sugar glazes remain Track 1.

Jams, Jellies, and Marmalades

Standard high-sugar jams and jellies qualify for Track 1. The key word is "standard" — these are traditional recipes with a high sugar-to-fruit ratio that produces a shelf-stable product with low water activity.

• Standard fruit jams — strawberry, raspberry, peach, blackberry
• Fruit jellies — grape, apple, crabapple
• Marmalades — orange, lemon, mixed citrus
• Fruit butters — apple butter, pear butter

What doesn't qualify: Low-sugar jams, no-sugar-added jams, and any jam formulation that doesn't achieve the preservation properties of traditional high-sugar recipes. These products may have water activity above 0.85 and fall under Track 2, requiring a process authority review and WVDA permit. If you're adjusting a traditional recipe to reduce sugar, get the product tested before assuming it's Track 1.

Candy and Confections

Candy is one of the clearest Track 1 categories — high sugar content naturally makes these products shelf-stable:

• Hard candy and lollipops
• Fudge
• Caramels and toffee
• Peanut brittle
• Chocolate-dipped items (pretzels, strawberries — note that fresh chocolate-dipped strawberries with the berry still moist may need refrigeration)
• Pralines
• Marshmallows

Most candy is safe territory for Track 1. The main exception is any confection that requires refrigeration — chocolate truffles with fresh cream centers, for instance, would need to be evaluated.

Granola and Dry Mixes

Low moisture, high shelf stability — these products fit Track 1 comfortably:

• Granola and granola bars
• Trail mix
• Dry soup mixes
• Dry baking mixes (pancake mix, cookie mix, muffin mix)
• Spice blends and seasoning mixes
• Dry pasta

These products are straightforward from a food safety standpoint because their low water activity prevents bacterial growth without refrigeration.

Roasted Coffee

Whole-bean and ground roasted coffee qualifies for Track 1. Coffee's low moisture content after roasting makes it shelf-stable. Home coffee roasters in West Virginia can sell their roasted beans without a WVDA food permit.

Note that brewed coffee sold by the cup at a farmers market or event is a different classification — that's a prepared beverage, not a cottage food product. Selling brewed coffee requires a Food Establishment Permit from your county health department.

Fruit and Vegetable Products

• Dried fruits — dehydrated apples, banana chips, dried cranberries
• Dried herbs
• Dehydrated vegetables (for soup mixes, seasoning blends)

The dehydration process reduces water activity below the threshold for bacterial growth, making these products Track 1.

What Track 1 Means in Practice

Track 1 producers can sell through virtually every channel available in West Virginia:

• Direct to consumers (home pickup, local delivery, roadside stands)
• Farmers markets
• Online orders with in-state delivery
• Wholesale to grocery stores, boutiques, and retail shops on consignment

There's no annual revenue cap, no state cottage-food permit fee, and no routine kitchen inspection. You still need to check whether a State Business Registration Certificate is required; the standard fee is $30, subject to statutory registration and fee exemptions, plus any applicable municipal business licenses.

Every product on this list must carry a compliant label — product name, ingredients in descending order by weight, Big Nine allergen declarations, net weight in U.S. and metric units, your name and contact information, and the required home-kitchen disclaimer.

Our West Virginia Cottage Food & Home Food Business Guide includes the product classification decision matrix, labeling templates, and the full Track 1 compliance checklist for every product category listed here.

See more West Virginia guides →