Selling jam in West Virginia
What West Virginia's own pages say about making jam 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.
Can I make jam at home in West Virginia?
West Virginia's own pages name jam, or foods like it, among what West Virginia says a home kitchen may make. ShelfStep found these lines by the words they use; whether they cover your product is for the West Virginia Department of Agriculture to say. Those lines, as the state writes them:
- West Virginia, potentially hazardous cottage food vendors: what may be made at homeWVDA, Cottage Foods rule 61CSR42 (emergency rule, 2026) says:“5.2. The following potentially hazardous cottage food products may be sold at home if a potentially hazardous vendor permit has been obtained: 5.2.1. Canned acidified foods, including but not limited to: 5.2.1.a. Pickled products; 5.2.1.b. Sauces, such as hot sauce, marinara, or spaghetti sauce; 5.2.1.c. Salsas; 5.2.1.d. Fermented products; 5.2.1.e. Acidified fruits and vegetables; 5.2.1.f. Acidified condiments; and 5.2.1.g. Non‐standardized jams and jellies; 5.2.1.h. Cut produce; ... 5.2.1.i. All cottage food products that are required to be time or temperature controlled or employ other protocols for safety to limit pathogenic microorganism growth or toxin formation; and 5.2.1.j. Any potentially hazardous freeze‐dried foods;”WVDA, Cottage Foods rule 61CSR42 (emergency rule, 2026) · Read Oct 24, 2026
What rules does jam come under beyond West Virginia's?
Outside a home kitchen, ShelfStep's plan reads jam as a shelf-stable acid or acidified food. The plan's own line for it, a default and not a law:
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.
- Acidified foods: the definition and its exclusions21 CFR 114.3(b) says:“(b) Acidified foods means low-acid foods to which acid(s) or acid food(s) are added; these foods include, but are not limited to, beans, cucumbers, cabbage, artichokes, cauliflower, puddings, peppers, tropical fruits, and fish, singly or in any combination. They have a water activity (aw) greater than 0.85 and have a finished equilibrium pH of 4.6 or below. ... Carbonated beverages, jams, jellies, preserves, acid foods (including such foods as standardized and nonstandardized food dressings and condiment sauces) that contain small amounts of low-acid food(s) and have a resultant finished equilibrium pH that does not significantly differ from that of the predominant acid or acid food, and foods that are stored, distributed, and retailed under refrigeration are excluded from the coverage of this part.”21 CFR 114.3(b) · Read Oct 8, 2026
- The federal standard for jam and preserves21 CFR 150.160(d) says:“(i) In the case of a fruit ingredient consisting of a Group I fruit or a permitted combination exclusively of Group I fruits, 47 parts by weight of the fruit ingredient to each 55 parts by weight of the saccharine ingredient; and (ii) in all other cases, 45 parts by weight of the fruit ingredient to each 55 parts by weight of the saccharine ingredient. ... (5) The soluble-solids content of the finished jam or preserve is not less than 65 percent”21 CFR 150.160(d) · Read Oct 8, 2026
- 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 jam 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 shelf-stable acid or acidified food has 18 steps. The first 6 help you find out where and how jam 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.
- 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 jam page:
Where do I go from here?
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.