VirginiaHB4022026 Regular SessionHouseWALLET

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

Sponsored By: Katrina Callsen (Democratic)

Signed by Governor

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

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

More sales options for home food businesses

Virginia residents making eligible home foods can sell at any location, online, or by phone to individuals in Virginia. Sellers can deliver by hand, mail, or delivery service. Buyers must purchase for personal use, not resale or consignment, and foods cannot be sold for use or eating at retail food businesses. Eligible foods include candies, jams, jellies, and baked goods that need no time or temperature control after preparation. Labels must show the producer’s identifying information, processing date, and “NOT FOR RESALE — PROCESSED AND PREPARED WITHOUT STATE INSPECTION.” For these foods, a sign can replace the label when packaging is too small. Qualifying pickles and other acidified vegetables must have an equilibrium pH of 4.6 or lower and carry the required label. Their existing gross-sales cap remains $9,000 per calendar year; existing inspection-exemption conditions also remain.

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 • 3/6/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • 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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