SB44 is a bill in the West Virginia Legislature (2026 Regular Session): Relating to sale of homemade food items.

What is the status of SB44?

Signed into law as of March 27, 2026. Latest action: Chapter 76, Acts, Regular Session, 2026 (June 25, 2026).

Rucker, Patricia (R, 16), with 2 co-sponsors.

Where is the official record for SB44?

On the West Virginia Legislature website: https://www.wvlegislature.gov/bill_status/Bills_history.cfm?input=44&year=2026&sessiontype=RS&btype=bill

West Virginia legislation · 2026 Regular Session

West Virginia SB44: Relating to sale of homemade food items

Q: What does SB44 do?

In its own words: 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. ARTICLE 40. COTTAGE FOODS. §19-40-1. Definitions. For purposes of this article: "Acidified food" m.

Status: Signed into law, March 27, 2026

What the bill says

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. ARTICLE 40. COTTAGE FOODS. §19-40-1. Definitions. For purposes of this article: "Acidified food" m.

From the enrolled text, March 14, 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. 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 …

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West Virginia SB44: Relating to sale of homemade food items

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