- On March 14, 2026, West Virginia passed Senate Bill 44, updating the state’s cottage food laws. The bill will allow citizens to obtain a “potentially hazardous cottage food vendor permit,” enabling them to sell these foods without a food establishment permit.
- Potentially hazardous foods are defined as requiring “time/temperature control or other protocols for safety to limit pathogenic microorganisms or toxin formation.” Products containing meat, poultry, seafood, or Grade A dairy are still excluded from the law. An applicant for a potentially hazardous cottage food vendor permit may still be subject to conditions like inspections to obtain the permit.
- The enacted law is significantly pared down from the introduced bill, which had stricter labeling requirements and would have allowed citizens to sell certain meat, poultry, and dairy products. The law will go into effect on June 12, 2026.
- Keller & Heckman will continue to monitor and report on state food law developments.