03/31/2026
Senate Bill 44 establishes a new framework for the sale of homemade food items—creating additional opportunities for producers while maintaining a strong focus on food safety.
If you’re hearing about this for the first time, here’s what it means:
SB 44 allows for the sale of both non-potentially hazardous foods (like baked goods, jams, and candies) and introduces a new pathway for potentially hazardous foods—items that require time and temperature control for safety.
Here’s what producers should know right now:
✔️ A permit will be required to produce and sell potentially hazardous cottage foods
✔️ The permit will be valid statewide, allowing sales anywhere within West Virginia
✔️ You will not need a separate food establishment permit to sell from your home under this program
✔️ Non-potentially hazardous foods remain exempt and will continue under current cottage food guidelines
✔️ Fresh, uncut produce is not impacted and does not require a permit under this law
✔️ Local health departments may pause production if an imminent health hazard is identified
📅 SB 44 goes into effect June 12.
The West Virginia Department of Agriculture is now working to develop the rules, application process, safety standards, and labeling requirements needed to fully implement this program. That includes determining things like inspections, training, and any associated fees.
⚠️ Important: While the bill takes effect June 12, producers should continue operating under current cottage food laws until new rules are finalized and permits become available.
We know there are a lot of questions—and we’re committed to providing clear guidance every step of the way. As more details are finalized, we’ll share updates, resources, and next steps to help you prepare.
