Overview
Virginia regulates vending machines through business registration, sales tax compliance, and local health permits for food vending operations. The state has comprehensive business regulations and follows the 2017 FDA Model Food Code. Local governments have significant authority to impose additional requirements.
Virginia localities have varying requirements. Northern Virginia (Fairfax, Arlington) and cities like Richmond and Virginia Beach have specific licensing requirements for vending operations.
Business Registration
Business registration is required for vending operators in Virginia.
Registration Agency
Virginia State Corporation Commission →
Registration Types
- LLC Formation ($100 filing fee)
- Corporation Formation ($75 filing fee)
- Partnership Registration ($100 filing fee)
- Foreign Entity Registration ($100 filing fee)
- Trade Name Registration ($10 filing fee)
Business entities must maintain a registered agent and office in Virginia. Annual registration fees required for LLCs and corporations.
Sales Tax
Tax Application
- General sales tax applies to vending: Yes
- Food tax variation: Reduced
- Local rates possible: Yes
- Resale certificate required: Yes
- Filing frequency: monthly for most businesses
Vending operators must collect 5.3% state sales tax plus local sales tax up to 1%. Food for home consumption taxed at 2.5%. Sales tax registration required for all retailers.
Registration
Forms: R-1 (Registration Application), ST-10 (Certificate of Exemption)
Vending Operator License
Vending operator license is not required in Virginia.
Machine Registration
Machine registration is not required in Virginia.
Health Permit & Food Code
Health permits are required for:
- Machines dispensing potentially hazardous foods (TCS)
- Micro markets
- Fresh food vending
Agency: Virginia Department of Health
Food Code: 2017 FDA Model Food Code
Inspections: At least annually
Micro Markets
Micro markets are recognized in state code.
Permit required: Yes
Specific Requirements
- Food establishment permit required
- Certified food protection manager
- TCS foods require temperature control
- Adequate supervision or monitoring system
Product Restrictions
Restricted Products
- Alcohol: Prohibited in vending machines. Virginia requires licensed establishments for alcohol sales with trained staff and age verification through the Virginia Alcoholic Beverage Control Authority.
- Tobacco: Prohibited in accessible vending machines except in adult-only establishments. Age 21+ requirement. Employee-assisted sales required. Additional local restrictions may apply.
- CBD/Hemp: Hemp products must comply with Virginia Department of Agriculture hemp regulations. THC content must not exceed 0.3%. Adult-use cannabis regulations may also apply.
- Age Verification: Strict age verification required for restricted products. ID required for anyone appearing under 30. Enhanced enforcement in Northern Virginia.
Placement Rules
Schools
Federal Smart Snacks nutrition standards apply plus Virginia-specific requirements. Virginia Department of Education administers comprehensive school nutrition programs with enhanced standards.
Public Buildings
Must comply with state and local procurement regulations. Vendor registration required for government contracts. Competitive bidding rules apply for state and local contracts.
Private Property
Property owner permission required. Subject to local zoning and business regulations that vary significantly by locality, especially in Northern Virginia.
ADA & Accessibility
Must comply with ADA requirements and Virginia accessibility codes. Local accessibility requirements may supplement state standards.
Electrical & Fire Code
Must comply with Virginia Uniform Statewide Building Code and local fire codes. Building permits required for most installations. Local requirements vary.
Local Permits
Virginia has home rule, meaning local jurisdictions can impose additional requirements.
Typical Local Requirements
- City/county business license
- Local health permits for food vending
- Building permits for installations
- Zoning compliance and approvals
- Right-of-way permits for public placement
Example Localities
Fairfax County
Business license required for vending operations. Health permits through Fairfax County Health Department. Building permits for installations. Special permits may be required for certain areas.
Richmond
Business license required. Health permits for food vending through Richmond City Health Department. Building permits for installations. Special permits for downtown and historic areas.
Virginia Beach
Business license required. Health permits for food vending through Virginia Beach Health Department. Zoning compliance required. Special permits for oceanfront and resort areas.
Penalties & Enforcement
Common Violations
- Operating without business license
- Sales tax non-compliance
- Food safety violations
- Operating without health permits
- Zoning violations
Penalties
- Sales tax penalties: 6% of tax due per month
- Food safety violations: permit suspension or revocation
- Business license violations: fines vary by locality
- Health permit violations: fines up to $500 per day
Key Contacts
Virginia Department of Taxation
Phone: (804) 367-8037
Virginia Department of Health
Phone: (804) 864-7001
Virginia State Corporation Commission
Phone: (804) 371-9733
Frequently Asked Questions
What sales tax rates apply to vending machines in Virginia?
Virginia charges 5.3% state sales tax plus local taxes up to 1%. Food for home consumption is taxed at 2.5%. You need sales tax registration and must collect tax on all taxable sales.
Are health permits required for food vending machines in Virginia?
Yes, machines dispensing potentially hazardous foods and micro markets require food establishment permits. Certified food protection manager required, and permits cost around $225.
Do I need individual permits for each vending machine in Virginia?
No, Virginia does not require individual machine registration at the state level. You need business registration, sales tax permits, and health permits for food vending. Local jurisdictions may have additional requirements.
Can I sell tobacco products through vending machines in Virginia?
Tobacco vending machines are prohibited except in adult-only establishments. Age 21+ requirement applies, and employee-assisted sales are required. Local jurisdictions may have additional restrictions.
Do Northern Virginia localities have special requirements?
Yes, jurisdictions like Fairfax County and Arlington have specific business licensing requirements for vending operations. Health permits, building permits, and zoning compliance are typically required. Check with each locality for specific requirements.
What are the penalties for non-compliance in Virginia?
Penalties include 6% per month on unpaid sales taxes, permit suspension for food safety violations, varying fines for business license violations by locality, and fines up to $500 per day for health permit violations.
Sources
- Virginia Department of Taxation - Sales and Use Tax
- Virginia Department of Health - Food Protection Services
- Virginia State Corporation Commission - Clerk's Information System
- Virginia Department of Education - Nutrition Programs
- Virginia ABC Authority
- Fairfax County - Business Licenses
- City of Richmond - Business Registration
- City of Virginia Beach - Business Licenses