West Virginia 2026 Session Status: Enacted 2 R cosponsors

SB 44 — Relating to sale of homemade food items

Last action — Chapter 76, Acts, Regular Session, 2026

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House of Delegates
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 14, 2026. Enacted.

Prognosis

Likely to advance 76% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 3 sponsors

    1 primary, 2 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (2 R).

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

In plain language

The bill addresses the sale of homemade food items.

This bill relates to the regulations surrounding the sale of homemade food items. It aims to provide guidelines for those wishing to sell such foods.

What this means for you
  • Consumers: This may give you more options for purchasing homemade foods in your area.
  • Small Business: This means you may have clearer guidelines if you want to sell homemade food items.

Summary

Relating to sale of homemade food items

Bill Text

What changed in the latest version

1 added · 3 removed

Plain-language change summary

The amendment to SB 44 changes the title of the bill to clarify its purpose, which is the regulation of homemade food items, and it organizes the structure of the proposed new article that details these regulations. This is important because it establishes clear guidelines for individuals who wish to sell homemade food, ensuring safety and compliance with health standards. Additionally, the bill outlines the requirements for permits, potential exemptions, and the authority of local health departments to halt production if necessary, aimed at protecting public health.

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Previous
Latest
SB44 HFA Leavitt 3-11 #2CR 3338Delegates Leavitt and Young moved to amend the amendment on page 2, after line 19 by inserting, “(f) A potentially hazardous food vendor permittee when acting under this is article is not required to obtain a farmer’s market vendor permit as required by §19-35-3(a).”And,On page 3, section 6, by striking section 6 in its entirety and inserting in lieu thereof a new section 6 to read as follows:
SB44 HFAT Worrell 3-12CR 3338 Delegate Worrell moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows:“A Bill to amend the Code of West Virginia, 1931, as amended, by adding a new article, designated, §19-40-1, §19-40-2, §19-40-3, §19-40-4, §19-40-5 and §19-40-6, relating to the sale of homemade food items;
Ҥ19-40-6.
defining terms;
Nonpotentially hazardous foods.
requiring a permit;
The production and sale of a nonpotentially hazardous food, when done in conformity with §19-35-6 and the accompanying legislative rules, is not subject to the provisions of this article.”  AdoptedRejected
providing exemptions;
requiring the department to create regulations;
permitting local health department in the jurisdiction in which the cottage food vendor is located to invoke a cessation of production in specified circumstances;
and requiring rulemaking.  
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Action History

  1. Filed for introduction

  2. To Health and Human Resources

  3. Introduced in Senate

  4. To Health and Human Resources

  5. Committee substitute reported

  6. Immediate consideration

  7. Read 1st time

  8. On 2nd reading

  9. Read 2nd time

  10. On 3rd reading

  11. Read 3rd time

  12. Passed Senate (Roll No. 235)

  13. Ordered to House

  14. House received Senate message

  15. Introduced in House

  16. To Health and Human Resources

  17. To House Health and Human Resources

  18. Markup Discussion

  19. With amendment, do pass

  20. On 1st reading, Special Calendar

  21. Read 1st time

  22. On 2nd reading, Special Calendar

  23. Read 2nd time

  24. On 3rd reading with right to amend, Special Calendar

  25. Read 3rd time

  26. Amendment reported by the Clerk

  27. Amendment adopted (Voice vote)

  28. Amendment reported by the Clerk

  29. Amendment withdrawn (Voice vote)

  30. Committee amendment adopted (Voice vote)

  31. Passed House (Roll No. 512)

  32. Title amendment adopted (Voice vote)

  33. Communicated to Senate

  34. House Message received

  35. Senate concurred in House amendments and passed bill (Roll No. 641)

  36. Communicated to House

  37. Completed legislative action

  38. To Governor 3/19/2026

  39. To Governor 3/19/2026 - Senate Journal

  40. Approved by Governor 3/27/2026 - House Journal

  41. Approved by Governor 3/27/2026

  42. Approved by Governor 3/27/2026 - Senate Journal

  43. Chapter 76, Acts, Regular Session, 2026

Sponsors

Sponsorship breakdown

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1 sponsors · 2 co-sponsors · 149 not signed on · 1 voted No

Sponsors (1)

  • Rucker

Co-sponsors (2)

Not signed on (149)

149 members have not signed on to this bill.

Show all 149 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Roll Call

Passed 34 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 29000
Democrat 4000
Unaffiliated 1000
Total 34000
% of votes cast 100%0%0%0%
How each member voted (34)
Member Party Vote
MR PRESIDENT — Yea
Anitra Hamilton Democrat Yea
Mike Woelfel Democrat Yea
Mike Woelfel Democrat Yea
Rick Garcia Democrat Yea
Ben Queen Republican Yea
Carl Martin Republican Yea
Chris Phillips Republican Yea
Chris Rose Republican Yea
Chris Rose Republican Yea
Dean Jeffries Republican Yea
Eric Tarr Republican Yea
Eric Tarr Republican Yea
Glenn Jeffries Republican Yea
Jack Woodrum Republican Yea
Jack Woodrum Republican Yea
Jay Taylor Republican Yea
Jimmy Willis Republican Yea
Mark R. Maynard Republican Yea
Mike Oliverio Republican Yea
Patricia Rucker Republican Yea
Patricia Rucker Republican Yea
Robbie Morris Republican Yea
Rollan A. Roberts Republican Yea
Rollan A. Roberts Republican Yea
Rupie Phillips Republican Yea
Rupie Phillips Republican Yea
Ryan Weld Republican Yea
Ryan Weld Republican Yea
Tom Takubo Republican Yea
Tom Takubo Republican Yea
Tom Willis Republican Yea
Trenton Barnhart Republican Yea
Trenton Barnhart Republican Yea

Official roll call →

Roll Call

Passed 33 Yea · 1 Nay
Party YeaNayPresentNot Voting
Republican 29000
Unaffiliated 1000
Democrat 3100
Total 33100
% of votes cast 97%3%0%0%
How each member voted (34)
Member Party Vote
MR PRESIDENT — Yea
Anitra Hamilton Democrat Yea
Mike Woelfel Democrat Yea
Mike Woelfel Democrat Yea
Rick Garcia Democrat Nay
Ben Queen Republican Yea
Carl Martin Republican Yea
Chris Phillips Republican Yea
Chris Rose Republican Yea
Chris Rose Republican Yea
Dean Jeffries Republican Yea
Eric Tarr Republican Yea
Eric Tarr Republican Yea
Glenn Jeffries Republican Yea
Jack Woodrum Republican Yea
Jack Woodrum Republican Yea
Jay Taylor Republican Yea
Jimmy Willis Republican Yea
Mark R. Maynard Republican Yea
Mike Oliverio Republican Yea
Patricia Rucker Republican Yea
Patricia Rucker Republican Yea
Robbie Morris Republican Yea
Rollan A. Roberts Republican Yea
Rollan A. Roberts Republican Yea
Rupie Phillips Republican Yea
Rupie Phillips Republican Yea
Ryan Weld Republican Yea
Ryan Weld Republican Yea
Tom Takubo Republican Yea
Tom Takubo Republican Yea
Tom Willis Republican Yea
Trenton Barnhart Republican Yea
Trenton Barnhart Republican Yea

Official roll call →

Subjects

labor agriculture
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 44 do?
Relating to sale of homemade food items
Who sponsors SB 44?
SB 44 is sponsored by Rucker, Darren Thorne (Republican), and Vince Deeds (Republican).
What is the current status of SB 44?
This bill has been enacted into law. Introduced January 14, 2026. Enacted.
Where can I track SB 44?
Track SB 44 free on One Click Politics — get push/email alerts when it moves.

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