Selling maple syrup in West Virginia

West Virginia Code § 19-35-6 says the production and sale of nonpotentially hazardous foods, done in conformity with that section and the Department of Agriculture's rules, "are exempt from licensing, permitting, inspection, packaging, and labeling laws of this state." Vendors selling such foods are also exempt from the $35 Farmers Market Vendor Permit (§ 19-35-3a(d)), and the new cottage food article added in 2026 doesn't apply to them (§ 19-40-6). The West Virginia Department of Agriculture (WVDA) lists "Tree syrup" among products exempt from the vendor permit, and its Farmers Market Vendor Guide (revised December 2025) marks tree syrup as needing no permit, explaining that "due to the high sugar content and the high temperature of the product when it is jarred" such products are non-potentially hazardous. Syrup with added ingredients — nuts, peppers, infused flavors, oils — falls into the potentially hazardous category and needs a permit and WVDA review. The exemption doesn't excuse you from registering your business name with the state, from taxes, or from federal law.

Yes: "A home, farm, community, or commercial kitchen may be used by a nonpotentially hazardous foods vendor, as determined by the department" (§ 19-35-6(d)). No inspection is required, though WVDA notes it reserves the right to inspect home kitchens in response to observed health hazards or consumer complaints, and the law preserves health departments' power to investigate and halt sales after a foodborne-illness report. Products made in a home, farm or community kitchen must carry the extra label statement listed below.

We found no West Virginia grading or density law for maple syrup: nothing in Code articles 19-35 or 19-40 or in WVDA's vendor guide sets grades, and the exemption statute removes state packaging and labeling laws for non-potentially-hazardous foods anyway. Grading therefore follows the voluntary USDA standards, and the federal minimum of 66% soluble solids applies (see the national notes). WVDA says labels should generally conform to FDA rules, so any grade you print must be accurate.

Syrup grades explained · check your density

• ✓Statement of identity — the common name ("maple syrup") — on the principal display panel
• ✓Company name of the producer, packer or distributor (with a statement of its relation to the product if it isn't the actual producer)
• ✓City, state and ZIP code of the producer, packer or distributor
• ✓An ingredient list beginning "Ingredients:" — WVDA wants it even for a single-ingredient product
• ✓Net contents in the bottom third of the principal display panel, in U.S. measure followed by the metric equivalent in parentheses; syrups are measured by liquid volume (hand-written net contents are allowed on non-potentially-hazardous products if legible)
• ✓An allergen statement only if a major allergen is present (plain syrup has none)
• ✓If made in a home, farm or community kitchen: "This product was made in a non-commercial kitchen establishment that may not be subject to inspection and may contain cross-contact allergens not included in the allergen statement."
• ✓For unpackaged or bulk sales, the label information may be shown on a placard, a receipt, or — for online sales — the website
• ✓Optional: a lot code for recalls, refrigeration advice, the WV Grown logo

The statute is unusually broad: the syrup may 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 the Code defines a seller to include "a retail shop or grocery store" — and delivered by the producer, an agent, a third-party vendor or a third-party carrier (§ 19-35-6(b); § 19-35-2). Farmers markets (including on-farm stands, online and consignment markets) need no vendor permit for non-potentially-hazardous foods, and the law stops counties and cities from prohibiting or regulating these sales, except for rentals at government facilities, government events and temporary events of 14 days or less. WVDA's guide says non-potentially-hazardous foods "may be sold across state lines" but must comply with federal and West Virginia rules, and that selling at stores, wholesale or by mail order across state lines may be interstate commerce with further requirements — see the national notes.

No state inspection or facility standard applies to non-potentially-hazardous syrup, but the exemption doesn't limit a local health department's or WVDA's authority to investigate or stop sales of food reported to have caused illness, and WVDA will inspect on request or on complaint (§ 19-35-6(e); WVDA guide). We found no West Virginia maple-specific equipment, lead or bottling-temperature rule.