SB 44: Relating to sale of homemade food items - West Virginia

sb44 hfa leavitt 3-11 _2 adopted.htm → sb44 hfat worrell 3-12 adopted.htm · 3 edits

MINOR

The bill's title was updated to reflect a more comprehensive scope, explicitly mentioning the creation of new sections (§19-40-1 through §19-40-6) and clarifying that it relates to the sale of homemade food items. The specific amendment previously proposed to exempt potentially hazardous food vendors from farmer's market permits was removed from the text. A new motion was introduced to replace the entire title, ensuring the legislation clearly defines its purpose and the specific sections it adds to the code.

Scope change

The bill's scope was clarified and expanded in its title to explicitly include the establishment of new sections for homemade food sales, term definitions, permit requirements, and regulatory authority, moving from a vague description to a detailed legislative summary.

SCOPE

The bill title was rewritten to explicitly list the new sections being added (§19-40-1 through §19-40-6) and summarize the bill's purpose regarding homemade food sales and regulations.

ELIGIBILITY

A specific provision that would have exempted potentially hazardous food vendors from obtaining farmer's market vendor permits was deleted from the amendment text.

REQUIREMENT

A new motion was added to formally substitute the bill's title with a detailed description of the new requirements, including the need for the department to create regulations and the authority for local health departments to stop production in specific cases.

sb44 hfa leavitt 3-11 _1 adopted.htm → sb44 hfa leavitt 3-11 _2 adopted.htm · 3 edits

MINOR

The bill amendment was modified to include a new co-sponsor and expanded the scope of the proposed changes to include an exemption for potentially hazardous food vendors. Originally, Delegate Leavitt alone proposed amending Section 6, but the update adds Delegate Young as a co-mover and extends the amendment to apply to a different page and section. The most significant policy change is the addition of a specific exemption stating that vendors selling potentially hazardous foods at farmer's markets do not need to obtain a separate farmer's market vendor permit.

Scope change

The amendment now covers two distinct areas: an exemption for potentially hazardous food vendors and a rewrite of Section 6 regarding nonpotentially hazardous foods.

ELIGIBILITY

Added an exemption stating that potentially hazardous food vendors acting under the article are not required to obtain a farmer's market vendor permit.

REQUIREMENT

Expanded the amendment process to include changes on page 2 in addition to the original page 3 section 6.

TECHNICAL

Added Delegate Young as a co-mover to the amendment motion.

sb44 h hhr am _1 adopted.htm → sb44 hfa leavitt 3-11 _1 adopted.htm · 5 edits

MODERATE

The bill was amended to replace the original text with a new version that significantly restricts the scope of cottage food regulations. The new version explicitly exempts the production and sale of nonpotentially hazardous foods from licensing, permitting, and inspection requirements, whereas the original text allowed for the regulation of potentially hazardous cottage foods. This change effectively removes state oversight for home-based producers of low-risk foods like baked goods and jams, while the original draft had included provisions for regulating higher-risk items.

Scope change

The bill's scope was narrowed to exclude potentially hazardous cottage foods from regulation entirely, shifting the focus solely to nonpotentially hazardous foods and removing the requirement for permits or inspections for these items.

REQUIREMENT

Removed provisions requiring permits for selling potentially hazardous cottage foods and established conditions for their issuance.

Removed the requirement that potentially hazardous cottage foods be produced in specific kitchen types as determined by the department.

ENFORCEMENT

Removed the authority for local health departments to halt production of potentially hazardous cottage foods in case of imminent health hazards.

ELIGIBILITY

Modified the exemption criteria to explicitly state that nonpotentially hazardous foods are not subject to the article's licensing and inspection laws.

DEFINITION

Removed detailed definitions for 'potentially hazardous cottage food vendor permit' and related regulatory terms.

Committee Substitute → sb44 h hhr am _1 adopted adopted.htm · 4 edits

MODERATE

The bill was amended to shift the regulatory framework from a standalone cottage food law to one that references existing definitions in the Food Safety article. This change clarifies that 'potentially hazardous' and 'nonpotentially hazardous' foods are defined by current state law rather than being redefined within this bill. Additionally, the amendment expanded the definition of 'producer' to allow sales from commercial kitchens, not just homes, and reorganized the structure to separate general cottage food rules from specific rules for potentially hazardous items.

Scope change

The bill's scope expanded to allow potentially hazardous cottage foods to be produced and sold from commercial, community, or home kitchens, whereas the original text only specified home kitchens. The applicability of definitions was also changed to rely on external code sections.

DEFINITION

Definitions for 'potentially hazardous' and 'nonpotentially hazardous' foods were changed to reference existing definitions in §19-35-2 instead of defining them within this bill.

SCOPE

The definition of 'producer' was updated to allow the use of commercial, community, or farm kitchens, expanding eligibility beyond just home-based production.

REQUIREMENT

A new section was added requiring the Department of Agriculture to propose legislative rules for implementing the article, including setting any associated fees.

STRUCTURE

The bill's structure was reorganized to separate general cottage food provisions from specific regulations regarding potentially hazardous foods.

Enrolled Committee Substitute → Committee Substitute · 3 edits

MINOR

The bill text was converted from an official enrolled legislative document into a raw HTML webpage format containing navigation menus, search tools, and footer links. Substantively, the policy content regarding cottage food permits, definitions, and exemptions remains identical in both versions, with no changes to the law's scope, requirements, or applicability.

Scope change

The scope of the bill's policy content is unchanged; the difference is purely the presentation format (official text vs. website interface).

TECHNICAL

Removed official legislative headers, page numbers, and certification signatures.

Added website navigation menus, search bars, and footer links unrelated to the bill's substance.

Converted plain text to HTML structure with formatting artifacts.

Introduced Version → Enrolled Committee Substitute · 5 edits · Mar 14, 2026

MODERATE

The bill was completely rewritten and reorganized from a minor amendment to an entirely new article (Article 40) dedicated to cottage foods. The new version expands the scope to explicitly regulate potentially hazardous foods sold from home, which previously were largely exempt or unregulated under the old farmers market framework. It introduces a specific permit system for selling potentially hazardous homemade foods, establishes a formal role for local health departments to halt production during imminent health hazards, and clarifies exemptions for non-potentially hazardous items and fresh produce.

Scope change

The bill's scope expanded significantly from regulating only sales at farmers markets to creating a standalone regulatory framework for home-based food production (cottage foods) across the entire state, including specific rules for potentially hazardous foods.

REQUIREMENT

Added a mandatory permit requirement specifically for vendors selling potentially hazardous cottage foods, whereas the previous version did not clearly require a permit for such items sold from home.

Established that the Department of Agriculture must create legislative rules to set fees, inspection procedures, and specific standards for cottage food vendors.

ENFORCEMENT

Granted local health departments the authority to immediately cease production if an imminent health hazard is detected, requiring them to consult with the state Department of Agriculture.

DEFINITION

Replaced the general 'farmers market' definitions with specific definitions for 'cottage food' and 'cottage food vendor' to distinguish home-based businesses from market vendors.

ELIGIBILITY

Clarified that non-potentially hazardous foods and fresh, uncut produce are exempt from the new permit requirements, while other farm products are subject to departmental identification.

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