Selling canned soup in West Virginia

Q: Where may food made at home be sold in West Virginia?

West Virginia Code §19-35-6 says: “(1) The nonpotentially hazardous food item must be sold by the producer to the consumer, whether in person or remotely, or by an agent of the producer or a third-party vendor; and (2) The nonpotentially hazardous food items must be delivered to the consumer by the producer, an agent of the producer, a third-party vendor, or a third-party carrier.” (West Virginia Code §19-35-6, read October 24, 2026). West Virginia Code §19-40-2 says: “A cottage food produced pursuant to this article shall be sold only within the geographic boundaries of the State of West Virginia.” (West Virginia Code §19-40-2, read October 24, 2026). ShelfStep's summary of the rules and their sources, read October 24, 2026; not legal advice.

Q: Where do I go from here?

How to sell canned soup to stores. Every step, its reason and its typical cost Selling food made at home in West Virginia. All of West Virginia's lines, what you may make, register and outgrow Does my sauce or salsa need a scheduled process?. 5 min read How do I find and choose a co-packer?. 5 min read Do I need to register with the FDA to sell my food product?. 4 min read ShelfStep's summary of the rules and their sources, read October 24, 2026; not legal advice.

Sources last read Oct 24, 2026

What West Virginia's own pages say about making canned soup at home, each line linked, and the path to a store when you want one to stock it.

Run the free rules check for it: no account, no AI.

General information, not advice. This is written for small food makers and cites its sources, but it is not legal, regulatory or food-safety advice, and it cannot account for your product, your state or your facility. Rules change and thresholds are adjusted yearly. Confirm anything you are about to act on with your state agency, a Process Authority, or the FDA.

Can I make canned soup at home in West Virginia?

West Virginia's own pages, as ShelfStep read them on October 24, 2026, do not name canned soup or foods like it, so this page cannot tell you whether a home kitchen in West Virginia may make it. Ask the West Virginia Department of Agriculture before you make it at home to sell. What the state allows and leaves out in general is on the West Virginia page.

What rules does canned soup come under beyond West Virginia's?

Outside a home kitchen, ShelfStep's plan reads canned soup as a low-acid canned food. The plan's own line for it, a default and not a law:

ShelfStep’s plan default, not a lawLow-acid canned (21 CFR 113): retort / thermal process.21 CFR 113

What the rules behind it say, in their own words, with the page and the day ShelfStep read each. ShelfStep does not decide which of them apply to your product.

Source to check: the rules behind ShelfStep's plan for canned soup

A low-acid canned food processor's FDA registration and process filing21 CFR 108.35(c) says:“(1) Registration. A commercial processor when first engaging in the manufacture, processing, or packing of thermally processed low-acid foods in hermetically sealed containers in any State, as defined in section 201(a)(1) of the act, shall, not later than 10 days after first so engaging, register with the Food and Drug Administration on Form FDA 2541 (food canning establishment registration) ... (2) Process filing. A commercial processor engaged in the thermal processing of low-acid foods packaged in hermetically sealed containers shall, not later than 60 days after registration and prior to the packing of a new product, provide the Food and Drug Administration information as to the scheduled processes”21 CFR 108.35(c) · Read Oct 8, 2026
The thermal processing systems of 21 CFR 11321 CFR 113.40 says:“(a) Equipment and procedures for pressure processing in steam in still retorts ... (g) Aseptic processing and packaging systems ... (h) Equipment and procedures for flame sterilizers”21 CFR 113.40 · Read Oct 8, 2026
Who sets a low-acid canned food's scheduled process21 CFR 113.83 says:“Scheduled processes for low-acid foods shall be established by qualified persons having expert knowledge of thermal processing requirements for low-acid foods in hermetically sealed containers and having adequate facilities for making such determinations.”21 CFR 113.83 · Read Oct 8, 2026

Source to check: FDA food facility registration

FDA's definition of a food facility21 CFR 1.227 says:“Facility means any establishment, structure, or structures under one ownership at one general physical location, or, in the case of a mobile facility, traveling to multiple locations, that manufactures/processes, packs, or holds food for consumption in the United States. ... The private residence of an individual is not a facility.”21 CFR 1.227 · Read Oct 8, 2026

Where may food made at home be sold in West Virginia?

West Virginia, nonpotentially hazardous foods: where it may be soldWest Virginia Code §19-35-6 says:“(1) The nonpotentially hazardous food item must be sold by the producer to the consumer, whether in person or remotely, or by an agent of the producer or a third-party vendor; and (2) The nonpotentially hazardous food items must be delivered to the consumer by the producer, an agent of the producer, a third-party vendor, or a third-party carrier.”West Virginia Code §19-35-6 · Read Oct 24, 2026
West Virginia, Article 19-40 cottage food: where it may be soldWest Virginia Code §19-40-2 says:“A cottage food produced pursuant to this article shall be sold only within the geographic boundaries of the State of West Virginia.”West Virginia Code §19-40-2 · Read Oct 24, 2026

What does West Virginia say a home-made label must carry?

West Virginia, nonpotentially hazardous foods: the home-made labelWest Virginia Code §19-35-6 says:“(c) All nonpotentially hazardous foods shall be labeled in compliance with the department's labeling standards and provide information about their content and sources.”West Virginia Code §19-35-6 · Read Oct 24, 2026
West Virginia, potentially hazardous cottage food vendors: the home-made labelWVDA, Cottage Foods rule 61CSR42 (emergency rule, 2026) says:“6.39. Product labels must include the following statement: "This product was made in a noncommercial or home kitchen that may not be subject to inspection and may contain cross‐contact allergens not included in the allergen statement."”WVDA, Cottage Foods rule 61CSR42 (emergency rule, 2026) · Read Oct 24, 2026
West Virginia, potentially hazardous cottage food vendors: the home-made labelWVDA, Cottage Foods rule 61CSR42 (emergency rule, 2026) says:“6.3. Required label elements shall be of a size and style that is easily legible to the average person and shall consist of: 6.3.1. Statement of identity, which is the common name of the product; 6.3.2. Company name of producer, packer, or distributor. Unless the name given is the actual producer, the name must be accompanied by a statement noting the relation to the product; 6.3.3. City, state and zip code of the producer, packer, or distributor; 6.3.4. Ingredients listed in descending order from greatest weight to least. Single ingredient products shall include an ingredient list to ensure consumers that it is the only ingredient in the product. The ingredient list shall begin with "ingredients:" followed by the list; 6.3.5. Net contents or numerical count located in bottom third of the primary label panel in standard U. S. measures, followed by the metric equivalent in parentheses. Honey shall be measured by weight. Syrups shall be measured by liquid volume; 6.3.6. A statement of any of the major food allergens contained in the product, as specified by U.S. Food and Drug Administration. The statement shall be placed directly below the ingredient list and shall begin with "Contains" followed by the allergens. The current allergens are milk, egg, fish, crustacean shellfish, tree nuts, peanuts, wheat, soybeans and sesame; ... 6.3.7. Safe handling instructions such as freezing or refrigeration requirements and minimum safe heating temperatures when applicable; 6.3.8. Any date or lot codes that are required elsewhere in these rules for potentially hazardous foods; and”WVDA, Cottage Foods rule 61CSR42 (emergency rule, 2026) · Read Oct 24, 2026
West Virginia, potentially hazardous cottage food vendors: the home-made labelWVDA, Cottage Foods rule 61CSR42 (emergency rule, 2026) says:“6.4. Cottage food producers shall submit product laels and any associated forms to WVDA for review.”WVDA, Cottage Foods rule 61CSR42 (emergency rule, 2026) · Read Oct 24, 2026

How do I get canned soup into a store in West Virginia?

West Virginia, nonpotentially hazardous foods: what applies beyond the home-kitchen rulesWest Virginia Code §19-35-6 says:“(e) This section shall not be construed to: ... (6) Exempt producers or sellers of nonpotentially hazardous food items from any applicable law of the federal government, including any federal law prohibiting the sale of certain food items in interstate commerce; or (7) Exempt producers or sellers of nonpotentially hazardous food items from any applicable law of another state.”West Virginia Code §19-35-6 · Read Oct 24, 2026

From there, ShelfStep's standard plan for a low-acid canned food has 18 steps. The first 6 help you find out where and how canned soup can be made at all, so they come first:

1.
Write the recipe down with exact amounts
Cost, price, nutrition and the label are all worked out from this. Write it in the units you actually use; ShelfStep converts for the label. What matters is that someone else could make the same batch from what is written.
2.
Decide how it is kept: on a shelf, in the fridge or frozen
The planned storage helps the reviewer assess the process, shelf life and packaging.
In the plan: It decides which rules you follow.
3.
Find out where you are allowed to make it for sale
This finds out whether the state’s rules allow making this in a home kitchen or point to a commercial one — and that changes the cost and the timeline of everything after it. It is much cheaper to find out now than after buying packaging.
In the plan: Your state's home-kitchen rules, in its own words. Whether they cover your product is for your state's agency to say.
4.
Have the pH and water activity of a finished batch measured
These measurements give your reviewer information about the batch; they do not establish safety or storage conditions on their own.
In the plan: The two numbers the acidified-food rules name. Measured on the finished product, once it has settled.
5.
Get a Process Authority's letter on how it is made safe
Ask a qualified reviewer which process and storage conditions your product needs. This is where you ask someone qualified, a Process Authority, to put in writing how the product is made safe. Buyers, insurers and inspectors may ask for that document, and it cannot be obtained after the fact for product you have already sold.
In the plan: Needs the pH first. Their letter sets out the process they ask you to hold to, and the storage line for your label.
6.
Look into FDA registration
Registration is how FDA knows your facility exists; the plan is what an inspector or a buyer’s audit asks to see. Both are far easier to do now than during either.
In the plan: Look into registration with FDA. Any filing your Process Authority letter names belongs here too.

Every step, with its reason and what it typically costs, is on the canned soup page:

1. Write the recipe down with exact amounts 2. Decide how it is kept: on a shelf, in the fridge or frozen 3. Find out where you are allowed to make it for sale 4. Have the pH and water activity of a finished batch measured 5. Get a Process Authority's letter on how it is made safe 6. Look into FDA registration 7. Choose the container and what seals it 8. Shortlist three co-packers or commercial kitchens 9. Work out what one batch, and one unit, costs to make 10. Set up lot codes and a recall plan 11. Make a first full-size batch 12. Get barcodes 13. Draft the label with everything it has to say 14. Set the wholesale and shelf price from the cost 15. Sell it at a market before you scale 16. Get product liability insurance 17. Make the one-page sheet a buyer reads 18. Name your first three stores

Where do I go from here?

How to sell canned soup to storesEvery step, its reason and its typical cost Selling food made at home in West VirginiaAll of West Virginia's lines, what you may make, register and outgrow

Does my sauce or salsa need a scheduled process?5 min read How do I find and choose a co-packer?5 min read Do I need to register with the FDA to sell my food product?4 min read

Check the rules for yours, then keep it

The rules check runs the same deterministic engine ShelfStep uses inside the app, on your answers, and quotes the sentences each rule rests on, with their links and the day ShelfStep read them. It does not decide which apply. It is free, needs no account and uses no AI. A ShelfStep workspace then keeps your plan, your records and the dates, free for one product.

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Something here out of date, or a state we should write up next? Email hello@shelfstep.com.