RICHMOND, Va. (WRIC) — Several “cottage food” businesses in Virginia are speaking out in the aftermath of a battle between the state and the owner of a Henrico County cake pop business over the sale of her products.
Many businesses across the state have come forward about the changes they’d like to see regarding Virginia’s current laws for cottage food bakers. One of them is Dinwiddie County resident Carrie Emerson, who runs a business known as Freeze Dried Fantasy Foods.
“Under the cottage law, we’re only allowed to sell from our homes or at a farmers market,” Emerson said.
The current laws regarding cottage food businesses in Virginia are now under scrutiny after Kelly Phillips, the owner of the Henrico County business KP’s Kake Pop’s, went viral after speaking out about them.
Phillips previously told 8News a spokesperson from the Virginia Department of Agriculture and Consumer Services (VDACS) said she wasn’t allowed to sell her goods at a local craft show or online, because she didn’t have the proper permit to do so.
“I thought I was operating properly under the cottage food laws, but they said ‘No, you can’t do craft shows,’” Phillips said. “So, I took down my booth.”
8News reached out to VDACS for clarity about the laws regarding cottage food sales. Michael Wallace, the agency’s director of communications, sent the following statement in response:
“In support of consumer health and safety, food products sold at the retail or wholesale level are required to be inspected, unless they qualify for an exemption. Foods for unrestricted retail sale, including online sales, can be produced in a person’s home kitchen provided that the operation is permitted by [VDACS].
Businesses may produce food items in a home kitchen using the cottage law exemption, which does not require a VDACS inspection. Business producing and selling food products under the cottage law exemption may sell their food products to an individual from the private home where the product was manufactured or at farmers market.
Businesses may not sell food products produced under the cottage law exemption to other businesses, including retail establishments, or offer the products for resale or sell across state lines. Businesses may advertise cottage law food products on the internet, but online sale of the food products is not allowed.
In order to qualify for a permit to sell online or at craft shows, business owners must have a commercial grade kitchen that can be inspected by the state. But Emerson said this process can be expensive for a small business to do. She hopes the state will explore other options.
“There is actual food insurance a baker can get. It’s very inexpensive, and it covers the consumer, if the consumer gets sick,” Emerson said. “And let us put a sign at our booth or display that says baked in a home baked in a home kitchen, that’s not inspected by the state.”
Governor Glenn Youngkin originally weighed in on Kelly Phillips’ situation with a social media post in which he vowed to fix the issue. A spokesperson from the governor’s office sent 8News the following statement:
“Governor Youngkin has instructed members of his administration to work with the General Assembly on a legislative proposal that ensures government runs more efficiently and more effectively, without interfering into Virginians’ lives. Governor Youngkin is confident that Virginia will be the best place to live, work, and bake cake pops!”
Emerson said some Virginia cottage food bakers have also started a petition to get lawmakers’ attention.
“We’re going to try and get the state to listen to us and allow us to be able to sell to the public and make it the public’s choice whether or not they want to buy from us,” Emerson said.
