This bill amends the Code of West Virginia to facilitate the production and sale of homemade food items under specific conditions. It introduces definitions for terms such as "homemade food item," which refers to food produced for human consumption at the producer's residential property, and establishes exemptions from licensure, permitting, inspection, packaging, and labeling laws for these items. The bill allows for the sale of potentially hazardous homemade food items at farmers markets, provided vendors obtain a permit, while homemade food items sold outside of farmers markets do not require such a permit. Additionally, it mandates that homemade food items include specific labeling requirements, including a statement regarding the non-commercial kitchen environment in which they were produced.

The legislation also outlines the responsibilities of local health departments and the Department of Agriculture in investigating foodborne illnesses related to homemade food items. It clarifies that the production and sale of these items must comply with federal regulations and does not exempt producers from applicable tax laws or business registration requirements. Furthermore, the bill preempts local jurisdictions from imposing stricter regulations on the production and sale of nonpotentially hazardous and homemade food items, with certain exceptions for government-operated events and facilities. Overall, the bill aims to promote the sale of homemade food while ensuring consumer safety and compliance with existing laws.

Statutes affected:
Introduced Version: 19-35-2, 19-35-5, 19-35-6