Bill > HB4076

This bill allows for the production and sale of "homemade food items," defined as food for human consumption, including nonalcoholic beverages, made and packaged at the producer's home, with exceptions for alcoholic beverages and food containing drugs. It exempts these homemade food items, along with nonpotentially hazardous foods, from many state licensing, permitting, inspection, packaging, and labeling requirements, provided they meet specific conditions. These conditions include proper labeling with content, source, and potential allergen information, along with a disclaimer about the non-commercial kitchen. The bill also outlines specific rules for the sale and delivery of both nonpotentially hazardous and certain potentially hazardous homemade food items, including restrictions on transportation time and temperature for potentially hazardous items. Additionally, it provides an exemption for beekeepers producing less than 500 gallons of honey annually from certain regulations if they meet specific criteria for selling raw, unadulterated honey produced within the state. The bill clarifies that it does not impede investigations into foodborne illnesses, exempts producers from taxes or business registration, and preempts local governments from prohibiting or regulating the production and sale of these homemade food items, with certain exceptions for government-owned facilities and events.

Business and Industry, Government Affairs

http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=4076&year=2026&sessiontype=RS&btype=bill