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 outlines the exemption from licensure, permitting, inspection, packaging, and labeling laws for these items. The bill specifies that homemade food items must be labeled with a statement indicating they were made in a non-commercial kitchen and may contain allergens. Additionally, it allows local health departments and the Department of Agriculture to investigate and halt the sale of food items linked to foodborne illnesses.

The legislation also establishes conditions for the sale of potentially hazardous homemade food items, particularly those containing dairy or meat products, which must be sold directly by the producer to the consumer. It clarifies that while a farmers market vendor permit may be required for selling potentially hazardous homemade food items at farmers markets, no permit is necessary for sales outside of these markets. The bill emphasizes that it does not restrict local health departments' authority to investigate food safety issues and preempts local jurisdictions from imposing additional regulations on the production and sale of nonpotentially hazardous or homemade food items, with certain exceptions for government-operated events.

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