VirginiaHB8402026 Regular SessionHouseWALLET

Restaurants; exempts certain facilities or programs.

Sponsored By: Shelly A. Simonds (Democratic)

Became Law

Summary

Restaurants; certain facilities or programs; exemptions. Exempts certain facilities that provide custodial care to 12 or fewer adults or children in a home from regulations applicable to restaurants. This bill is identical to SB 677.

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Bill Overview

Analyzed Economic Effects

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

Fewer restaurant rules for boardinghouses, care homes

Boardinghouses that do not take short-term guests are not treated like restaurants. Small home-based custodial care programs are exempt if they serve 12 or fewer people. Covered examples include family day homes; certain adult day centers, assisted living facilities, children’s residential facilities, and child-caring institutions; and group homes, recovery residences, and residential services, including residential crisis stabilization.

Fewer rules for nonprofits and fundraisers

Occasional one- or two-day fundraisers by churches, fraternal or school groups, 501(c)(3)s, and volunteer fire or EMS are not treated like restaurants when food comes from members’ homes, the group’s kitchen, or a licensed restaurant. If a licensed restaurant donates or sells food to these events, it does not need extra permits or permit fees. A church that serves meals only to members or invited guests is also exempt when the food is from members’ homes, the church kitchen, or a licensed restaurant. Concession stands at youth sports are exempt when run by a youth athletic association or a charitable nonprofit recognized by local ordinance or resolution. The Board cannot require a certified food protection manager for restaurants run by nonprofit civic service groups, volunteer fire departments, or volunteer EMS.

Less restaurant rules for small stores

A factory cafeteria that serves employees only is not treated like a restaurant. Grocery stores, including delis that only sell food to go, and places that make or sell packaged or canned goods are exempt. A convenience store or gas station is exempt if it follows state retail food rules, has 15 or fewer seats, and is not tied to a national or regional restaurant chain. This exemption does not change any duty to collect a local meals tax.

Sponsors & Cosponsors

Sponsor

  • Shelly A. Simonds

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 217 • No: 0

Senate vote 3/2/2026

Passed Senate Block Vote

Yes: 40 • No: 0

Senate vote 2/27/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 37 • No: 0

Senate vote 2/27/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 2/26/2026

Reported from Education and Health

Yes: 15 • No: 0

House vote 2/17/2026

Read third time and passed House Block Vote

Yes: 97 • No: 0

House vote 2/12/2026

Reported from Health and Human Services

Yes: 21 • No: 0

House vote 2/12/2026

Subcommittee recommends reporting

Yes: 7 • No: 0

House vote 1/28/2026

Referred from Courts of Justice and referred to Health and Human Services (Voice Vote)

Yes: 0 • No: 0

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0231)

    4/6/2026Governor
  2. Approved by Governor-Chapter 231 (effective 7/1/2026)

    4/6/2026Governor
  3. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/10/2026Governor
  4. Enrolled Bill communicated to Governor on March 10, 2026

    3/10/2026House
  5. Fiscal Impact Statement from Department of Planning and Budget (HB840)

    3/6/2026House
  6. Bill text as passed House and Senate (HB840ER)

    3/6/2026House
  7. Enrolled

    3/6/2026House
  8. Signed by President

    3/6/2026Senate
  9. Signed by Speaker

    3/6/2026House
  10. Passed Senate Block Vote (40-Y 0-N 0-A)

    3/2/2026Senate
  11. Read third time

    3/2/2026Senate
  12. Passed by for the day Block Vote (Voice Vote)

    2/27/2026Senate
  13. Constitutional reading dispensed Block Vote (on 2nd reading) (37-Y 0-N 0-A)

    2/27/2026Senate
  14. Rules suspended

    2/27/2026Senate
  15. Reported from Education and Health (15-Y 0-N)

    2/26/2026Senate
  16. Referred to Committee on Education and Health

    2/18/2026Senate
  17. Constitutional reading dispensed (on 1st reading)

    2/18/2026Senate
  18. Read third time and passed House Block Vote (97-Y 0-N 0-A)

    2/17/2026House
  19. Read second time and engrossed

    2/16/2026House
  20. Read first time

    2/15/2026House
  21. Reported from Health and Human Services (21-Y 0-N)

    2/12/2026House
  22. Subcommittee recommends reporting (7-Y 0-N)

    2/12/2026House
  23. Assigned sub: Behavioral Health

    1/30/2026House
  24. Referred from Courts of Justice and referred to Health and Human Services (Voice Vote)

    1/28/2026House
  25. Fiscal Impact Statement from Department of Planning and Budget (HB840)

    1/20/2026House

Bill Text

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