What Is a TCS Food?
TCS stands for Time/Temperature Control for Safety. It's the FDA Food Code category for foods that can grow dangerous bacteria fast enough that temperature control — cold storage below 41°F or hot holding above 135°F — is required to keep them safe.
West Virginia calls these "potentially hazardous foods" (PHF), and the state's cottage food pathway under Code §19-35-6 explicitly excludes them. The non-PHF pathway requires food to be shelf-stable at room temperature. A hot lasagna in a foil pan, a turkey-and-mayo sandwich, a container of chicken soup — none of those qualify.
The Core Rule
Does Your Food Need Refrigeration to Be Safe?
If the answer is yes — for any reason — it's a TCS food. Bacteria like Salmonella, Listeria, and Staph thrive in the range between 41°F and 135°F, which the industry calls the "danger zone." A food that must live outside that range is TCS.
● Is TCS
- Cooked meats & poultry
- Sliced melons & cut leafy greens
- Cooked rice, pasta, beans
- Dairy & dairy-based sauces
- Cooked egg dishes
- Fresh garlic-in-oil mixtures
- Soft cheeses, cream cheese, ricotta
- Most prepared salads & entrées
● Not TCS
- Baked breads & cookies
- Hard candy, chocolate, fudge
- Honey, maple syrup, molasses
- Dry spice blends & rubs
- Standard fruit jams & jellies
- Granola, trail mix, nuts
- Hard aged cheeses (commercial)
- Shelf-stable fruit pies
The thresholds that technically define non-TCS are water activity (aw) at or below 0.85 or pH at or below 4.6 (see the Shelf-Stable Foods page for the full breakdown). Prepared meals almost universally fail both conditions — they're wet, neutral-pH, and protein-rich. That's exactly the environment bacteria love.
West Virginia's Rules for Prepared Meals
● Prohibited as Cottage Food
Prepared Meals Fall Outside §19-35-6
West Virginia does not permit home-made prepared meals — hot entrées, casseroles, soups, stews, sandwiches, salads, cut fruit, cooked pasta dishes, meal kits with raw protein — under its cottage food statute. These are TCS foods and require a licensed commercial food establishment.
This applies regardless of how you plan to sell the meal. You cannot legally sell home-prepared meals:
- Direct to consumers from your home
- Online for in-state pickup or delivery
- At farmers markets (even with the $35 vendor permit — that permit covers acidified foods, not prepared meals)
- At community events or fairs
- Through a meal-prep subscription service
- To restaurants, grocery stores, or any retail outlet
The state takes this line seriously because the food-safety risk is real. A poorly-cooled batch of home-made chicken salad has caused outbreaks in every state that's loosened these rules — and West Virginia's farmers market program was specifically structured around that risk.
What About Frozen?
Freezing a TCS food does not convert it to non-PHF. A frozen lasagna is still a TCS food — it's just paused. Once thawed, the clock starts and temperature control becomes critical again. Freezing extends safety; it doesn't create it. Home-made frozen meals remain outside the cottage food pathway.
What About Shelf-Stable Mixes?
This is a real opportunity. A dry mix you sell for the customer to prepare at home is non-PHF. Soup mix, bean mix, seasoning blend, pancake mix, cake mix, pasta kit (dry pasta + dry seasoning packet) — all of these are open-category under §19-35-6. The customer provides the water, protein, and cooking, so the risk transfers to them, not you.
Many of West Virginia's most successful cottage food brands are built around exactly this idea — artisan dry mixes in beautiful packaging that let the customer "cook like a local" without the producer taking on TCS liability.
If You Want to Sell Prepared Meals in West Virginia
You have four legitimate pathways. Each has different cost, complexity, and scale.
1
Rent a Commercial Kitchen
Pay by the hour at a licensed shared-use commercial kitchen. You get a WV food establishment permit through the kitchen and produce under their license. Lowest barrier to a real prepared-meals business. Rates typically $15–$35/hour in West Virginia.
2
Build a Licensed Home Kitchen
Some kitchens can be retrofitted to meet WV Department of Health food establishment standards — separate entrance, 3-compartment sink, commercial ventilation, no shared household use. Inspection is required; cost varies widely. This is a real project, not a weekend.
3
Partner with a Co-Packer
A co-packer produces your recipes in their licensed facility. You provide the recipe and branding; they handle food safety, batch production, packaging, and labeling. Best for shelf-stable products at scale — not typically used for fresh prepared meals.
4
Pivot to Dry Mixes & Shelf-Stable
Take the signature dishes you want to sell and redesign them as shelf-stable dry mixes, spice blends, or meal kits the customer finishes at home. No inspection, no permit, unlimited revenue. For many makers this is the fastest path to a sustainable business.
Where to start asking: For commercial kitchen space, contact your regional WVU Extension office or check with your local community economic development council. For food establishment permits, contact the
WV Department of Health Public Health Sanitation Division at 304-558-2981. They'll walk you through the requirements for your specific product and county.
Safe Handling Standards for Any Prepared Food
Whether or not a specific product is legal under cottage food, every home food maker should know the basic temperature rules. These are industry standard and apply the moment you move beyond non-PHF baked goods.
- Cold holding: 41°F or below. Refrigerators should be checked with a calibrated thermometer, not the dial.
- Hot holding: 135°F or above. Hot food must stay hot — a crockpot on "warm" often doesn't hold temperature.
- Cooking temperatures: Poultry 165°F · Ground meat 155°F · Whole cuts of beef/pork 145°F · Eggs 145°F · Leftovers reheated to 165°F.
- The two-hour rule: TCS food should not sit at room temperature for more than two hours. In hot summer conditions above 90°F, that shrinks to one hour.
- Cooling: Cooked TCS food must cool from 135°F to 70°F within 2 hours, and from 70°F to 41°F within another 4 hours. Large pots cool slowly — shallow pans or an ice bath is standard.
- Cross-contamination: Separate boards and utensils for raw animal protein. Wash, rinse, sanitize between uses.