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SB44 • 2026
Relating to sale of homemade food items
This bill passed the Legislature and reached final enactment based on the latest official action.
Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.
Relating to sale of homemade food items
These notes stay tied to the official amendment files and metadata from the legislature.
Plain English: SB44 HFA Leavitt 3-11 #1 CR 3338 Delegate Leavitt moved to amend the amendment on page 3, section 6, by striking section 6 in its entirety and inserting in lieu thereof a new section 6 to read as follows: Ҥ19-40-6.
Plain English: SB44 HFA Leavitt 3-11 #1 CR 3338 Delegate Leavitt moved to amend the amendment on page 3, section 6, by striking section 6 in its entirety and inserting in lieu thereof a new section 6 to read as follows: Ҥ19-40-6.
Plain English: SB44 HFA Leavitt 3-11 #1 CR 3338 Delegate Leavitt moved to amend the amendment on page 3, section 6, by striking section 6 in its entirety and inserting in lieu thereof a new section 6 to read as follows: Ҥ19-40-6.
Plain English: SB44 HFA Leavitt 3-11 #2 CR 3338 Delegates Leavitt and Young moved to amend the amendment on page 2, after line 19 by inserting, “(f) A potentially hazardous food vendor permittee when acting under this is article is not required to obtain a farmer’s market vendor permit as required by §19-35-3(a).” And, On page 3, section 6, by striking section 6 in its entirety and inserting in lieu thereof a new section 6 to read as follows: “§19-40-6.
Plain English: SB44 HFA Leavitt 3-11 #2 CR 3338 Delegates Leavitt and Young moved to amend the amendment on page 2, after line 19 by inserting, “(f) A potentially hazardous food vendor permittee when acting under this is article is not required to obtain a farmer’s market vendor permit as required by §19-35-3(a).” And, On page 3, section 6, by striking section 6 in its entirety and inserting in lieu thereof a new section 6 to read as follows: “§19-40-6.
Plain English: SB44 HFAT Worrell 3-12 CR 3338 Delegate Worrell moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows: “A Bill to amend the Code of West Virginia, 1931, as amended, by adding a new article, designated, §19-40-1, §19-40-2, §19-40-3, §19-40-4, §19-40-5 and §19-40-6, relating to the sale of homemade food items; defining terms; requiring a permit; providing exemptions; requiring the department to create regulations; permitting local health department in the jurisdiction in which the cottage food vendor is located to invoke a cessation of production in specified circumstances; and requiring rulemaking.
Plain English: SB44 HFAT Worrell 3-12 CR 3338 Delegate Worrell moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows: “A Bill to amend the Code of West Virginia, 1931, as amended, by adding a new article, designated, §19-40-1, §19-40-2, §19-40-3, §19-40-4, §19-40-5 and §19-40-6, relating to the sale of homemade food items; defining terms; requiring a permit; providing exemptions; requiring the department to create regulations; permitting local health department in the jurisdiction in which the cottage food vendor is located to invoke a cessation of production in specified circumstances; and requiring rulemaking.
Chapter 76, Acts, Regular Session, 2026
Approved by Governor 3/27/2026
To Governor 3/19/2026
Approved by Governor 3/27/2026 - Senate Journal
Approved by Governor 3/27/2026 - House Journal
To Governor 3/19/2026 - Senate Journal
Completed legislative action
Communicated to House
Senate concurred in House amendments and passed bill (Roll No. 641)
House Message received
Communicated to Senate
Title amendment adopted (Voice vote)
Passed House (Roll No. 512)
Committee amendment adopted (Voice vote)
Amendment withdrawn (Voice vote)
Amendment reported by the Clerk
Amendment adopted (Voice vote)
Amendment reported by the Clerk
Read 3rd time
On 3rd reading with right to amend, Special Calendar
Read 2nd time
On 2nd reading, Special Calendar
Read 1st time
On 1st reading, Special Calendar
With amendment, do pass
Markup Discussion
To Health and Human Resources
To House Health and Human Resources
Introduced in House
House received Senate message
Ordered to House
Passed Senate (Roll No. 235)
Read 3rd time
On 3rd reading
Read 2nd time
On 2nd reading
Read 1st time
Immediate consideration
Committee substitute reported
To Health and Human Resources
Introduced in Senate
To Health and Human Resources
Filed for introduction
Relating to sale of homemade food items
SB 44 Text skip navigation SENATE PRESIDENT SENATORS COMMITTEES VIDEO/AUDIO DISTRICT MAPS SENATE CLERK SENATE RULES HOUSE SPEAKER DELEGATES COMMITTEES VIDEO/AUDIO DISTRICT MAPS HOUSE CLERK HOUSE RULES HOUSE STAFF JOINT INTERIM COMMITTEES LEGISLATIVE ADMINISTRATOR LEGISLATIVE SERVICES DIVISION PUBLIC INFORMATION LEGISLATIVE AUTOMATED SYSTEMS DIVISION LEGISLATIVE AUDITOR'S OFFICE PERFORMANCE EVALUATION & RESEARCH DIVISION POST AUDIT DIVISION BUDGET DIVISION REGULATORY AND FISCAL AFFAIRS DIVISION CLAIMS COMMISSION CRIME VICTIMS RULE-MAKING REVIEW SPECIAL INVESTIGATIONS JUDICIAL COMP. COMMISSION JOINT RULES STAFF INFO BILL STATUS BILL STATUS BILL TRACKING STATE LAW WEST VIRGINIA CODE ACTS OF THE LEGISLATURE CODE OF 1931 WV CONSTITUTION US CONSTITUTION REPORTS AGENCY REPORTS AGENCY GRANT AWARDS PERFORMANCE EVALUATIONS POST AUDITS EDUCATIONAL CITIZEN’S GUIDE INTERNSHIP PROGRAM PAGE PROGRAM PUBLICATIONS PHOTO GALLERY CAPITOL HISTORY HOW A BILL BECOMES LAW CONTACT SENATE ROSTER HOUSE ROSTER PUBLIC INFO. NEWS RELEASES HELPFUL LINKS Enrolled Version - Final Version Senate Bill 44 History OTHER VERSIONS - Committee Substitute (1) | Introduced Version | | Email Key: Green = existing Code. Red = new code to be enacted WEST virginia legislature 2026 regular session Enrolled Committee Substitute for Senate Bill 44 By Senators Rucker, Thorne, and Deeds [Passed March 14, 2026; in effect 90 days from passage (June 12, 2026)] AN ACT to amend the Code of West Virginia, 1931, as amended, by adding a new article, designated, §19-40-1, §19-40-2, §19-40-3, §19-40-4, §19-40-5, and §19-40-6, relating to the sale of homemade food items; defining terms; requiring a permit; providing exemptions; requiring the department to create regulations; permitting local health department in the jurisdiction in which the cottage food vendor is located to invoke a cessation of production in specified circumstances; and requiring rulemaking. Be it enacted by the Legislature of West Virginia: ARTICLE 40. COTTAGE FOODS. §19-40-1. Definitions. For purposes of this article: “Acidified food” means as that term is defined in §19-35-2. “Cottage food” means a food item intended for human consumption that is produced and, if packaged, packaged at the residential property of the producer and sold directly to a consumer. The term includes nonpotentially hazardous foods, but excludes meat, meat products, poultry, poultry products, seafood, and Grade A dairy products. “Cottage food vendor” means a home-based business producing and selling cottage foods. “Delivered” means transferred to the consumer, either immediately upon sale or at a time thereafter. “Department” means the Department of Agriculture. “Grade A dairy products” means milk and milk products that are manufactured in accordance with the Pasteurized Milk Ordinance, 2023 Revision, as published by the U.S. Department of Health and Human Services, Public Health Service, Food and Drug Administration. “Nonpotentially hazardous” means as that term is defined in §19-35-2. “Potentially hazardous” means as that term is defined in §19-35-2. “Potentially hazardous cottage food vendor permit” means a permit which allows potentially hazardous cottage foods to be produced and sold. "Produce” means to prepare a food item by cooking, baking, drying, mixing, cutting, fermenting, preserving, dehydrating, growing, raising, or other process. “Producer” means the person who produces a cottage food item. §19-40-2. Potentially hazardous cottage food vendor permits. (a) Except as provided in subsection (d) of this section, a person wanting to sell potentially hazardous cottage food shall apply for a potentially hazardous cottage food vendor permit from the department. (b) A potentially hazardous cottage food vendor permit, once issued, is valid in all counties in this state. A cottage food produced pursuant to this article shall be sold only within the geographic boundaries of the State of West Virginia. (c) Notwithstanding any other provisions of code or rule to the contrary, a potentially hazardous cottage food vendor permittee is not required to obtain a food establishment permit to sell from home. (d) The following are exempt from obtaining a potentially hazardous cottage food vendor permit: (1) A person selling fresh, uncut produce; (2) A person selling nonpotentially hazardous foods; and (3) A person selling other farm and food products that are identified by the department. (e) The department shall establish the conditions and procedures for issuance of a potentially hazardous cottage food vendor permit. As a condition of obtaining a potentially hazardous cottage food vendor permit, a person may be required to satisfy additional requirements, including, but not limited to, submitting to inspections, and obtaining and maintaining certain additional licenses or certifications, as provided by legislative rule. (f) A potentially hazardous food vendor permittee when acting under this article is not required to obtain a farmer’s market vendor permit as required by §19-35-3(a). §19-40-3. Role of local health departments in cottage foods. If the local health department in the jurisdiction in which the potentially hazardous cottage food vendor permittee is located has reason to believe that an imminent health hazard exists, the local health department may invoke cessation of production until it deems that the hazardous situation has been addressed to the satisfaction of the local health department. A local health department that invokes cessation of production shall do so in consultation with the department. §19-40-4. Legislative rules. The department shall propose emergency or legislative rules for approval in accordance with the provisions of §29A-3-1 et seq. of this code for the purposes of implementing this article, including the setting of any fees. §19-40-5. Potentially hazardous foods. (a) Notwithstanding any provision of §16-1-1 et seq. of this code or any rules or regulations to the contrary, the department shall regulate potentially hazardous cottage food sold in West Virginia. (b) A home, farm, community, or commercial kitchen may be used by a potentially hazardous cottage food vendor, as determined by the department. (c) Potentially hazardous cottage food standards shall be determined, including acidified foods, and other categories identified and defined by the department. (d) Potentially hazardous cottage foods shall be labeled in compliance with the department’s labeling standards and provide information about its content and sources. §19-40-6. Nonpotentially hazardous foods. The production and sale of a nonpotentially hazardous food, when done in conformity with §19-35-6 and the accompanying legislative rules, is not subject to the provisions of this article. The Clerk of the Senate and the Clerk of the House of Delegates hereby certify that the foregoing bill is correctly enrolled. ............................................................... Clerk of the Senate ............................................................... Clerk of the House of Delegates Originated in the Senate. In effect 90 days from passage. ............................................................... President of the Senate ............................................................... Speaker of the House of Delegates __________ The within is ................................................ this the........................................... Day of ..........................................................................................................., 2026. ............................................................. Governor Bill Status | Bill Tracking | Legacy WV Code | Bulletin Board | District Maps | Senate Roster | House Roster | Live | Blog | Jobs | Links | Home This Web site is maintained by the West Virginia Legislature's Office of Reference & Information. | Terms of Use | Webmaster | © 2026 West Virginia Legislature ** Print On Demand Name: Email: Phone: