SB 44
Relating to sale of homemade food items
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- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
This bill modifies West Virginia’s code to allow for the production and sale of homemade food items under specific conditions. It defines key terms related to homemade food, establishes exemptions from certain licensing and inspection requirements for non-potentially hazardous foods, and outlines procedures for investigating foodborne illnesses. The bill also specifies how potentially hazardous homemade foods, particularly dairy products and those containing meat, poultry, or their byproducts, must be handled and sold.
Key provisions
- Defines terms such as ‘homemade food item,’ ‘farmers market,’ and ‘potentially hazardous food.’
- Establishes exemptions from licensing, permitting, inspection, packaging, and labeling laws for nonpotentially hazardous foods and certain homemade food items.
- Requires producers of potentially hazardous homemade foods (dairy, meat, poultry) to sell directly to the consumer or through a third-party vendor.
- Mandates labeling requirements for homemade food items, including a disclaimer about potential cross-contamination.
- Allows local health departments and the Department of Agriculture to investigate and cease production or sale of food items linked to foodborne illnesses.
- Specifies temperature control requirements for transporting potentially hazardous homemade foods.
- Outlines requirements for third-party vendors selling homemade food items.
- Preempts local jurisdictions from prohibiting or regulating the production and sale of homemade food items, with exceptions for certain government-related activities.
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