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West VirginiaSB 442026 Regular SessionSenateWALLET

Relating to sale of homemade food items

Sponsored By: Patricia Rucker (Republican)

Signed by Governor

§19-40-1§19-40-2§19-40-3§19-40-4§19-40-5§19-40-6

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 0 benefits, 1 costs, 2 mixed.

Local health can stop unsafe homemade foods

A local health department can order you to stop producing if it finds an imminent health danger. Production stays halted until the danger is fixed, in consultation with the Department of Agriculture.

Kitchen and labeling rules for sellers

The Department of Agriculture may approve a home, farm, community, or commercial kitchen for making these foods. The Department sets product and safety standards, including for acidified foods and other types it lists. Labels must follow Department rules and show the required information about content and sources. Sellers must meet these standards and labeling rules.

Statewide permit for perishable homemade foods

West Virginia creates a permit to sell potentially hazardous homemade foods. You must get this permit from the Department of Agriculture to sell those items. You do not need it if you sell fresh uncut produce, nonhazardous homemade foods that follow state cottage food rules, or other farm foods the Department names. The permit works in every county, but you may sell these foods only inside West Virginia. The Department sets the application rules and can require inspections, extra licenses, and fees. If you have this permit, you do not need a separate farmer’s market vendor permit or a food establishment permit to sell from home.

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Sponsors & Cosponsors

Sponsor

  • Patricia Rucker

    Republican • Senate

Cosponsors

  • Vince Deeds

    Republican • Senate

  • Darren Thorne

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 163 • No: 1

Senate vote • 3/14/2026

Senate concurred in House amendments and passed bill (Roll No. 641)

Yes: 34 • No: 0

House vote • 3/13/2026

Passed House (Roll No. 512)

Yes: 96 • No: 0

Senate vote • 2/26/2026

Passed Senate (Roll No. 235)

Yes: 33 • No: 1

Actions Timeline

  1. Approved by Governor 3/27/2026

    3/27/2026Senate

  2. To Governor 3/19/2026

    3/19/2026Senate

  3. House Message received

    3/14/2026Senate

  4. Senate concurred in House amendments and passed bill (Roll No. 641)

    3/14/2026Senate

  5. Communicated to House

    3/14/2026Senate

  6. Completed legislative action

    3/14/2026Senate

  7. To Governor 3/19/2026 - Senate Journal

    3/14/2026Senate

  8. Approved by Governor 3/27/2026 - House Journal

    3/14/2026House

  9. Approved by Governor 3/27/2026 - Senate Journal

    3/14/2026Senate

  10. On 3rd reading with right to amend, Special Calendar

    3/13/2026House

  11. Read 3rd time

    3/13/2026House

  12. Amendment reported by the Clerk

    3/13/2026House

  13. Amendment adopted (Voice vote)

    3/13/2026House

  14. Amendment reported by the Clerk

    3/13/2026House

  15. Amendment withdrawn (Voice vote)

    3/13/2026House

  16. Committee amendment adopted (Voice vote)

    3/13/2026House

  17. Passed House (Roll No. 512)

    3/13/2026House

  18. Title amendment adopted (Voice vote)

    3/13/2026House

  19. Communicated to Senate

    3/13/2026House

  20. On 2nd reading, Special Calendar

    3/12/2026House

  21. Read 2nd time

    3/12/2026House

  22. On 1st reading, Special Calendar

    3/11/2026House

  23. Read 1st time

    3/11/2026House

  24. With amendment, do pass

    3/10/2026House

  25. Markup Discussion

    3/9/2026House

Bill Text

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