West VirginiaWest Virginia requires permits for sellers of higher-risk homemade foods
West Virginia requires higher-risk homemade food sellers to apply for a permit that covers every county, while exempting lower-risk foods and certain farm products.
What it does
Sellers of higher-risk homemade foods must apply for a statewide permit. Lower-risk foods, fresh uncut produce, and other farm and food products designated by the Department of Agriculture are exempt.
The Department of Agriculture sets food and labeling standards for higher-risk homemade foods and determines which kitchens sellers may use. It must submit rules, including any fees, for approval.
Local health departments may stop a permit holder's production over an immediate health danger, in consultation with the Department of Agriculture. Production stays stopped until the local department considers the danger resolved.
Argument forA statewide permit and exemptions from separate home-sale and farmers market permits could reduce paperwork for sellers of higher-risk homemade foods.
Argument againstSellers could lose income during a production shutdown that lasts until the local health department considers the health danger resolved.
More detail
Sellers of higher-risk homemade foods must apply to the West Virginia Department of Agriculture for a permit. The permit covers home-based businesses selling directly to consumers. It is valid in every West Virginia county, but sales must stay within the state. Fresh, uncut produce, lower-risk foods, and other farm and food products identified by the Department of Agriculture are exempt from the permit requirement. Covered foods exclude meat and poultry products, seafood, and Grade A milk and dairy products. Permit holders do not need a food establishment permit to sell from home or a farmers market vendor permit when operating under this law. Department rules may require inspections and additional licenses or certifications. The law took effect June 12, 2026.
The West Virginia Department of Agriculture regulates higher-risk homemade foods and must propose rules for approval, including any fees. Food standards and labeling requirements cover higher-risk homemade foods sold in West Virginia. Labels must identify food contents and sources. The Department of Agriculture determines whether sellers may use a home, farm, community, or commercial kitchen. Lower-risk food production and sales that follow section 19-35-6 and its rules are outside this law.
A local health department may stop a permit holder's food production when it has reason to believe an immediate health danger exists. This authority belongs to the local health department where the higher-risk homemade food permit holder is located. The local health department must consult the West Virginia Department of Agriculture when ordering a shutdown. A shutdown lasts until the local health department is satisfied that the hazardous situation has been addressed.
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Where it stands
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Jun 25Chapter 76, Acts, Regular Session, 2026Latest
- Mar 27Approved by Governor Patrick Morrisey 3/27/2026Major
- Mar 19To Governor 3/19/2026To Governor
- Mar 14Approved by Governor Patrick Morrisey 3/27/2026 - Senate JournalMajor
- Vote recorded Senate concurred in House amendments and passed bill. Result: pass.Upper
- Mar 14Approved by Governor Patrick Morrisey 3/27/2026 - House JournalBecame Law
- Mar 14To Governor 3/19/2026 - Senate JournalMinor
- Mar 14Completed legislative action
- Mar 14Communicated to House
- Mar 14Senate concurred in House amendments and passed bill (Roll No. 641)
- Mar 14House Message received
- Mar 13Communicated to Senate
- Vote recorded PASSAGE. Result: pass.Lower
- Mar 13Title amendment adopted (Voice vote)
- Mar 13Passed House (Roll No. 512)Passed House
- Mar 13Committee amendment adopted (Voice vote)
- Mar 13Amendment withdrawn (Voice vote)
- Mar 13Amendment reported by the Clerk
- Mar 13Amendment adopted (Voice vote)
- Mar 13Amendment reported by the Clerk
- Mar 13Read 3rd timeMinor
- Mar 13On 3rd reading with right to amend, Special Calendar
- Mar 12Read 2nd timeMinor
- Mar 12On 2nd reading, Special Calendar
- Mar 11Read 1st timeMinor
- Mar 11On 1st reading, Special Calendar
- Mar 10With amendment, do passMinor
- Mar 9Markup Discussion
- Mar 2To Health and Human ResourcesMinor
- Feb 27To House Health and Human ResourcesMinor
- Feb 27Introduced in HouseMinor
- Feb 27House received Senate message
- Feb 26Ordered to House
- Vote recorded Passage. Result: pass.Upper
- Feb 26Passed Senate (Roll No. 235)Passed Senate
- Feb 26Read 3rd timeMinor
- Feb 26On 3rd reading
- Feb 25Read 2nd timeMinor
- Feb 25On 2nd reading
- Feb 24Read 1st timeMinor
- Feb 24Immediate consideration
- Feb 24Committee substitute reported
- Jan 14To Health and Human ResourcesMinor
- Jan 14Introduced in SenateMinor
- Jan 14To Health and Human ResourcesMinor
- Jan 14Filed for introductionIntroduced
AgriculturePublic Safety