VirginiaHB4022026 Regular SessionHouseWALLET

Cottage food laws; sale of certain food over phone and internet, report.

Sponsored By: Katrina Callsen (Democratic)

Became Law

Summary

Cottage food laws; sale of certain food over phone and internet; work group; report. Expands the exemption from state inspection requirements for private homes where the resident processes and prepares certain food products, including pickles and other acidified vegetables, to allow for such person to sell such products at any location, through the internet, or by telephone to an individual in the Commonwealth for his own consumption and deliver such products in person, by mail, or by delivery service subject to certain restrictions. Current law only allows for the sale to take place in person at the private home, a temporary event, or a farmer's market. The bill also directs the Department of Agriculture and Consumer Services to convene a work group to examine the structural, equipment, and facility standards for private homes in the Commonwealth producing products that do not meet the cottage food law exemptions. The bill requires the work group to complete its meetings by November 1, 2026, and report its findings and recommendations to the Chairs of the Senate Committee on Agriculture, Conservation and Natural Resources and the House Committee on Agriculture, Chesapeake and Natural Resources by the first day of the 2027 Regular Session of the General Assembly.

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Bill Overview

Analyzed Economic Effects

7 provisions identified: 6 benefits, 0 costs, 1 mixed.

Stronger enforcement on unsafe food operations

The Commissioner can deny, suspend, or revoke food permits when a business breaks the rules. If there is a significant and immediate public health hazard, the Commissioner can suspend a permit right away and start a faster review. Anyone who violates section 3.2-5130 commits a Class 1 misdemeanor.

Permits and inspections to run food businesses

Food manufacturers, storage warehouses, and retail food stores must be inspected and have a permit before they operate. If the inspection finds no significant health hazards, they can operate while waiting for the permit. The Commissioner processes the permit within 30 days of the inspection.

Exempt sellers skip permits and fees

Qualifying nonprofits, home food sellers, and some retail stores are exempt from permits, routine inspections, and inspection fees. The Department can still inspect them when a consumer files a complaint.

Home beekeepers can sell honey

If you sell honey from your own hives, you are exempt from permits and inspections. You must sell less than 250 gallons per year and not make other foods besides those also allowed by law. Label each container with “PROCESSED AND PREPARED WITHOUT STATE INSPECTION. WARNING: Do Not Feed Honey to Infants Under One Year Old.” You must follow other rules in this chapter.

Retail stores selling sealed foods exempt

A retail store can be exempt from permits and inspections if it certifies to the Department that it meets strict limits. The store cannot prepare or serve food, sells only manufacturer-sealed items that were officially inspected in manufacturing, sells no infant formula, and sells no salvaged food.

Sell pickles and acidified veggies

Residents can make pickles and other acidified vegetables at home if the equilibrium pH is 4.6 or lower. You may sell in person, by phone, or online to Virginia customers for personal use (not for resale or consignment). Sales can happen at your home, at events up to 14 days, or at farmers markets, with delivery in person, by mail, or by delivery service. Each package must list your contact info, the processing date, and say “NOT FOR RESALE — PROCESSED AND PREPARED WITHOUT STATE INSPECTION.” To qualify, your gross sales of these foods must be $9,000 or less in a calendar year.

Sell shelf-stable home foods online

Residents can make certain shelf-stable foods at home and sell them in Virginia. Examples include candies; jams and jellies; dried fruits, herbs, and seasonings; nuts; vinegars; popcorn; dried pasta; baked goods; roasted coffee; dried tea; cereals, granola, and trail mixes. You may sell in person, by phone, or online to Virginia customers for personal use (not for resale or consignment), at your home, at events up to 14 days, or at farmers markets, with delivery in person, by mail, or by delivery service. You cannot sell them for use in restaurants. Each package must list your contact info, the processing date, and say “NOT FOR RESALE — PROCESSED AND PREPARED WITHOUT STATE INSPECTION.” Internet ads are allowed.

Sponsors & Cosponsors

Sponsor

  • Katrina Callsen

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 221 • No: 2

Senate vote 3/9/2026

Passed Senate

Yes: 39 • No: 0

Senate vote 3/5/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 39 • No: 0

Senate vote 3/5/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 3/3/2026

Reported from Agriculture, Conservation and Natural Resources

Yes: 13 • No: 2

House vote 2/10/2026

Read third time and passed House Block Vote

Yes: 98 • No: 0

House vote 2/4/2026

Reported from Agriculture, Chesapeake and Natural Resources with substitute

Yes: 22 • No: 0

House vote 1/28/2026

Subcommittee recommends reporting with substitute

Yes: 10 • No: 0

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0605)

    4/13/2026Governor
  2. Approved by Governor-Chapter 605 (effective 7/1/2026)

    4/13/2026Governor
  3. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/25/2026Governor
  4. Enrolled Bill communicated to Governor on March 25, 2026

    3/25/2026House
  5. Fiscal Impact Statement from Department of Planning and Budget (HB402)

    3/16/2026House
  6. Bill text as passed House and Senate (HB402ER)

    3/14/2026House
  7. Enrolled

    3/14/2026House
  8. Signed by President

    3/14/2026Senate
  9. Signed by Speaker

    3/14/2026House
  10. Passed Senate (39-Y 0-N 0-A)

    3/9/2026Senate
  11. Read third time

    3/9/2026Senate
  12. Passed by for the day Block Vote (Voice Vote)

    3/6/2026Senate
  13. Passed by for the day Block Vote (Voice Vote)

    3/5/2026Senate
  14. Constitutional reading dispensed Block Vote (on 2nd reading) (39-Y 0-N 0-A)

    3/5/2026Senate
  15. Rules suspended

    3/5/2026Senate
  16. Reported from Agriculture, Conservation and Natural Resources (13-Y 2-N)

    3/3/2026Senate
  17. Fiscal Impact Statement from Department of Planning and Budget (HB402)

    2/12/2026House
  18. Referred to Committee on Agriculture, Conservation and Natural Resources

    2/11/2026Senate
  19. Constitutional reading dispensed (on 1st reading)

    2/11/2026Senate
  20. Read third time and passed House Block Vote (98-Y 0-N 0-A)

    2/10/2026House
  21. Engrossed by House - committee substitute

    2/9/2026House
  22. committee substitute agreed to

    2/9/2026House
  23. Read second time

    2/9/2026House
  24. Read first time

    2/6/2026House
  25. Committee substitute printed 26106526D-H1

    2/4/2026House

Bill Text

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