Company

• Company
  • VA
    • HOME \& COMMERCIAL KITCHEN-BASED BUSINESSES

---

Company

VA

Types of Business Licenses

• Business licenses include local, state and federal licenses, as well as sales tax and other specific licenses for certain professions.
• There are also zoning permits to consider.

Steps to Getting Your Virginia Business License

1. Name and form your company
   1. In order to form a limited liability company (LLC) in Virginia, you must first file articles of organization with the Virginia State Corporation Commission.
   2. For service of process, you’ll also need to establish a registered agent in Virginia.

   3. Once you have begun a business, make sure you have your key business details in order and ready for beginning your business license application. You will need:

      • A business name
      • An EIN (Employer Identification Number) or SSN (if you’re a sole proprietor)
      • A business entity type (LLC, partnership, corporation, etc.)
      • A business address and phone number
      • Anticipated revenue and expenses
      • A COI (certificate of insurance) for your business insurance policy
2. Apply for a local business license
   1. apply for a business license and/or business tax certificate for your city or county.
3. Determine which professional and occupational licenses may be applicable
   1. The Virginia Department of Professional and Occupational Regulation (DPOR) handles the majority of this licensure.
   2. Various professional regulating bodies and regulated professions and occupations are listed on the DPOR website.
   3. Using dpor.virginia.gov, you should determine which other licenses controlled on the local or statewide level may be applicable for your business and submit the appropriate information to apply for those licenses.
4. Apply for a sales tax permit and state tax account
   1. If your business is renting or selling tangible goods, you will need a seller’s permit, which is regulated on a statewide level.
   2. You must register with the Department of Taxation to collect sales tax if you will be selling items in Virginia.
   3. You can use the same portal to register for other state taxes accounts as well.
5. Apply for federal licenses (as necessary)
   1. though the federal government does not require or issue any general business operating licenses, you may be required to obtain licenses with specific government agencies depending on your business’s industry.
   2. Common industries requiring federal permitting include farming, mining, firearms, alcohol sales and aviation.

ALLERGENS ON LABELING The FDA lists nine (9) major food allergens. Listing any of these on your label is a smart business practice and will certainly help your customers choose a product.

• Milk
• Eggs
• Fish (e.g., bass, flounder, cod)
• Crustacean shellfish (e.g., crab, lobster, shrimp)
• Tree nuts (e.g., almonds, walnuts, pecans)
• Peanuts
• Wheat
• Soybeans
• Sesame seeds

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.

HOME & COMMERCIAL KITCHEN-BASED BUSINESSES

https://www.vdacs.virginia.gov/dairy-kitchen-food-services-businesses.shtml

Food establishments, including private homes, that manufacture, process, pack or hold food for sale are subject to the Virginia Food and Drink Law and related regulations. It is unlawful to operate as a food manufacturer, food storage warehouse, or retail food establishment until it has been inspected and has been issued a permit for the operation of the food establishment. (Note these exceptions from inspection.)

Enforcement of these requirements includes regular periodic inspections of food establishments, including private homes. VDACS’ Food Safety Specialists, also known as inspectors, ensure that any food or beverage manufactured, produced, processed, packed, exposed, offered, possessed or held for sale is safe for human consumption, and in compliance with the Virginia Food and Drink Law and related regulations. Inspectors look for evidence of unsanitary conditions, mislabeling and the mishandling of food products that can lead to unsafe foods. Manufacturers are subject to unannounced inspections and sampling, as well as an annual fee. Further guidance is available in the Additional Resources section below.

If you are interested in starting a catering company, please contact the Virginia Department of Health. Products containing meat are regulated by the Office of Meat and Poultry Services.

Permit Applications:

• Permit Application for a Home Food Processing Operation (pdf)
• Permit Application for a Commercial Kitchen Food Processing Operation (pdf)

Additional Resources

• Allergen Control Plan - Overview and Guidance (pdf)
• Commercial Kitchen Food Processing Operation Guidance (pdf)
• Frequently Asked Questions: Food Safety Program Annual Fees
• Food & Drug Administration
• Home Food Processing Operation Guidance (pdf)
• New Regulations For Food Storage and Manufacturing Facilities (pdf)
• Virginia’s Finest Program
• Permit FAQs (pdf)

.