The bill amends the Code of West Virginia by introducing a new article focused on the regulation of cottage foods, which are homemade food items produced and sold directly to consumers. It defines key terms such as "cottage food," "cottage food vendor," and "potentially hazardous cottage food vendor permit." The legislation requires individuals wishing to sell potentially hazardous cottage foods to obtain a permit from the Department of Agriculture, which will be valid across all counties in West Virginia. Certain exemptions are provided, including for those selling fresh produce and nonpotentially hazardous foods. The bill also outlines the conditions under which the Department may issue permits and the potential requirements for inspections and additional licenses.

Furthermore, the bill grants local health departments the authority to halt production if an imminent health hazard is suspected, ensuring public safety. It mandates the Department of Agriculture to create rules for implementing the article, including setting fees and establishing standards for labeling and safety of potentially hazardous foods. The production and sale of nonpotentially hazardous foods will not be subject to the provisions of this article, provided they comply with existing regulations. Overall, the legislation aims to create a structured framework for the sale of homemade food items while ensuring consumer safety and regulatory compliance.

Statutes affected:
Introduced Version: 19-35-2, 19-35-5, 19-35-6
Committee Substitute: 19-40-1, 19-40-2, 19-40-3, 19-40-4, 19-40-5, 19-40-6, 19-40-7
Enrolled Committee Substitute: 19-40-1, 19-40-2, 19-40-3, 19-40-4, 19-40-5, 19-40-6