West Virginia 2026 Session Status: Introduced 1 R cosponsors

SB 226 — Relating to WV Commercial Feed Law

Last action — To Finance

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

This bill died with 2026 Session. It reached “Introduced” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Relating to WV Commercial Feed Law

Bill Text

What changed in the latest version

145 added · 119 removed

Plain-language change summary

The updated version of SB 226 expands the provisions related to on-farm manufacturers by defining specific terms and providing exemptions from certain regulatory requirements. It allows registered on-farm manufacturers to bypass obtaining permits for commercial feed manufacturing and related processes, along with exempting them from reporting fees and brand-name registrations. This change is significant because it simplifies the regulatory burden for farmers, potentially promoting local agricultural production and making it easier for them to sell their products without extensive paperwork.

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WEST VIRGINIA LEGISLATURE REGULAR SESSION Introduced Senate Bill 226 By Senator Hart [Introduced January 14, 2025;
CS for SB 226 WEST VIRGINIA LEGISLATURE REGULAR SESSION Committee Substitute for Senate Bill 226 By Senator Hart [Reported January 29, 2026, from the Committee on Agriculture] CS for SB 226 A BILL to amend and reenact §19-14-2 and §19-14-5 of the Code of West Virginia, 1931, as amended, relating to the West Virginia Commercial Feed Law;
referred to the Committee on Agriculture;
defining terms;
and then to the Committee on Finance] Intr SB 226 2026R2053 A BILL to amend and reenact §19-14-2 and §19-14-5 of the Code of West Virginia, 1931, as amended, relating to the West Virginia Commercial Feed Law;
providing for the registration of on-farm manufacturers;
clarifying a definition;
exempting certain registered on-farm manufacturers from obtaining commercial feed manufacturing, distributor, or guarantor permits;
and providing an exemption from obtaining a commercial feed distributor permit.
and exempting such on-farm manufacturers from reports, fees, and brand-name registrations.
(a) "Brand name" means any word, name, symbol or device, or any combination thereof, identifying the commercial feed of a distributor, guarantor, or manufacturer and distinguishing it from all others.
(a) (1) "Brand name" means any word, name, symbol, or device, or any combination thereof, identifying the commercial feed of a distributor, guarantor, or manufacturer and distinguishing it from all others.
(b) "Bulk" refers to commercial feed or feed ingredients distributed in nonpackaged form where a label cannot be attached and accompanied by an invoice or delivery slip.
(b) (2) "Bulk" refers to commercial feed or feed ingredients distributed in nonpackaged form where a label cannot be attached and accompanied by an invoice or delivery slip.
(c) "Commercial feed" means all materials or combinations of materials which are distributed, or intended for distribution, for use as feed or for mixing in feed, unless such materials are specifically exempted, for animals, other than humans, except:
(c) (3) "Commercial feed" means all materials or combinations of materials which are distributed, or intended for distribution, for use as feed or for mixing in feed, unless such materials are specifically exempted, for animals, other than humans, except:
(1) Unmixed or unprocessed whole seeds when such whole or unprocessed seeds are not chemically changed or adulterated;
(1) (A) Unmixed or unprocessed whole seeds when such whole or unprocessed seeds are not chemically changed or adulterated;
(2) unprocessed Unprocessed hay, straw, stover, silage, cobs, husks, hulls, and raw meat when not mixed with other materials and when not adulterated;
(2) (B) Unprocessed hay, straw, stover, silage, cobs, husks, hulls, and raw meat when not mixed with other materials and when not adulterated;
or (3) individual Individual chemical commodities, compounds or substances when such commodities, compounds or substances are not inter-mixed with other materials, and are therefore not adulterated within the meaning of §19-14-10 of this code.
or (3) (C) Individual chemical commodities, compounds, or substances when such commodities, compounds, or substances are not inter-mixed with other materials, and are 1 CS for SB 226 therefore not adulterated within the meaning of §19-14-10 of this code.
The term commercial feed shall include the categories of feed ingredients, customer-formula feeds, pet foods and specialty pet foods.
The term commercial feed shall include the categories of feed ingredients, customer-formula feeds, pet foods, and specialty pet foods.
Intr SB 226 2026R2053 (d) "Commissioner" refers to the commissioner of agriculture of the State of West Virginia or a duly authorized employee of the commissioner.
(d) (4) "Commissioner" refers to the Commissioner of Agriculture of the State of West Virginia or a duly authorized employee of the commissioner.
(e) "Contract feeder" means a person who, as an independent contractor, feeds commercial feed to animals pursuant to a contract and the commercial feed is supplied, furnished, or provided to the independent contractor and such contractor’s remuneration is determined all or in part by feed consumption, mortality, profits, or the amount or quality of the product.
(e) (5) "Contract feeder" means a person who, as an independent contractor, feeds commercial feed to animals pursuant to a contract and the commercial feed is supplied, furnished, or provided to the independent contractor and such contractor’s remuneration is determined all or in part by feed consumption, mortality, profits, or the amount or quality of the product.
(f) "Customer-formula feed" means a commercial feed that consists of a mixture of commercial feed and/or feed ingredients, each batch of which is manufactured according to the specific instructions of the final purchaser.
(f) (6) "Customer-formula feed" means a commercial feed that consists of a mixture of commercial feed and/or feed ingredients, each batch of which is manufactured according to the specific instructions of the final purchaser.
(g) "Distribute" means to offer for sale, sell, exchange, or barter commercial feed;
(g) (7) "Distribute" means to offer for sale, sell, exchange, or barter commercial feed;
(h) "Distributor" means any person who distributes.
(h) (8) "Distributor" means any person who distributes a commercial feed.
a commercial feed:
(i) (9) "Drug" means any substance intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in animals, other than humans;
Provided, That any person engaged in offering for sale, selling, exchanging, or bartering products or commodities produced exclusively on his or her own farm is not a distributor.
(i) "Drug" means any substance intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in animals, other than humans;
(j) "Feed" means any material consumed, or intended to be consumed, by animals other than humans, or any element of that material that contributes nutrition, taste, or aroma, or otherwise has a technical effect on the consumed material.
(j) (10) "Feed" means any material consumed, or intended to be consumed, by animals other than humans, or any element of that material that contributes nutrition, taste, or aroma, or otherwise has a technical effect on the consumed material.
(k) "Feed ingredient" means each constituent material making up feed, including individual chemical compounds labeled for use as a feed ingredient.
(k) (11) "Feed ingredient" means each constituent material making up feed, including individual chemical compounds labeled for use as a feed ingredient.
(l) "Guarantor" means any person whose name appears on a label and who is therefore responsible for the product and its labeling.
(l) (12) "Guarantor" means any person whose name appears on a label and who is therefore responsible for the product and its labeling.
(m) "Label" means a display of written, printed, or graphic matter printed upon or otherwise Intr SB 226 2026R2053 affixed to the container in which commercial feed is distributed;
2 CS for SB 226 (m) (13) "Label" means a display of written, printed, or graphic matter printed upon or otherwise affixed to the container in which commercial feed is distributed;
(n) "Labeling" means and includes all labels as well as all other written, printed, or graphic matter found:
(n) (14) "Labeling" means and includes all labels as well as all other written, printed, or graphic matter found:
(1) upon Upon a commercial feed or any of its containers or wrappers,;
(1) (A) Upon a commercial feed or any of its containers or wrappers,;
or (2) accompanying Accompanying such commercial feed.
or (2) (B) Accompanying such commercial feed.
(o) "Manufacture" means to grind, mix, blend, package, pack, repackage, repack, or otherwise process a commercial feed for distribution.
(o) (15) "Manufacture" means to grind, mix, blend, package, pack, repackage, repack, or otherwise process a commercial feed for distribution.
(p) "Medicated feed" means any feed which contains one or more drugs.
(p) (16) "Medicated feed" means any feed which contains one or more drugs.
(q) "Mineral feed" means a commercial feed designed or intended to supply primarily mineral elements or inorganic nutrients.
(q) (17) "Mineral feed" means a commercial feed designed or intended to supply primarily mineral elements or inorganic nutrients.
(r) "Official sample" means any sample of feed taken by the commissioner in accordance with the provisions of this article and rules promulgated hereunder.
(r) (18) "Official sample" means any sample of feed taken by the commissioner in accordance with the provisions of this article and rules promulgated hereunder.
(s) "Percent" or "percentage" means percentage by weights.
(19) “On-farm manufacturer” means any person engaged in offering for sale, selling, exchanging, or bartering products or commodities grown, manufactured, and sold exclusively on his or her own farm, but does not include a person manufacturing feed for only his or her animals on his or her premises, or a person producing pet food.
(t) "Person" means an individual, partnership, association, fiduciary, firm, company, corporation, or any organized group of persons whether incorporated or not.
(s) (20) "Percent" or "percentage" means percentage by weights.
(u) "Pet" means dog (Canis familiaris) or cat (Felis catus).
(t) (21) "Person" means an individual, partnership, association, fiduciary, firm, company, corporation, or any organized group of persons whether incorporated or not.
(v) "Pet food" means any commercial feed manufactured and distributed for consumption by pets.
(u) (22) "Pet" means dog (Canis familiaris) or cat (Felis catus).
(w) "Process" means a method used to prepare, treat, convert, or transform materials into feed or feed ingredients.
3 CS for SB 226 (v) (23) "Pet food" means any commercial feed manufactured and distributed for consumption by pets.
(w) (24) "Process" means a method used to prepare, treat, convert, or transform materials into feed or feed ingredients.
(x) "Product name" means the name of the commercial feed which identifies it as to kind, Intr SB 226 2026R2053 class, or specific use and distinguishes it from all other products bearing the same brand name.
(x) (25) "Product name" means the name of the commercial feed which identifies it as to kind, class, or specific use and distinguishes it from all other products bearing the same brand name.
(y) "Quantity statement" means the net weight (mass), liquid measure, or count.
(y) (26) "Quantity statement" means the net weight (mass), liquid measure, or count.
(z) "Repack" or "repackaging" means to pack and label a previously manufactured feed.
(z) (27) "Repack" or "repackaging" means to pack and label a previously manufactured feed.
Show all 58 changed rows (18 more)
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(aa) "Specialty pet" means any animal normally maintained in a household, such as rodents, ornamental birds, fish, reptiles, amphibians, ferrets, hedgehogs, marsupials, and rabbits not raised for food or fur.
(aa) (28) "Specialty pet" means any animal normally maintained in a household, such as rodents, ornamental birds, fish, reptiles, amphibians, ferrets, hedgehogs, marsupials, and rabbits not raised for food or fur.
(bb) "Specialty pet food" means any commercial feed prepared and distributed for consumption by specialty pets.
(bb) (29) "Specialty pet food" means any commercial feed prepared and distributed for consumption by specialty pets.
(cc) "Ton" means a net weight of two thousand pounds avoirdupois.
(cc) (30) "Ton" means a net weight of 2,000 pounds avoirdupois.
(c) Persons manufacturing commercial feed or customer-formula feed in this state must obtain a Commercial Feed Manufacturing Permit from the commissioner, except for persons manufacturing feed for only his or her animals on his or her premises, or those producing pet food.
(c) Persons manufacturing commercial feed or customer-formula feed in this state must obtain a Commercial Feed Manufacturing Permit from the commissioner, except for persons 4 CS for SB 226 manufacturing feed for only his or her animals on his or her premises, or those producing pet food.
Intr SB 226 2026R2053 (1) Persons distributing pet food exclusively;
(1) Persons distributing pet food exclusively;
Each permit issued shall expire on December 31, next following the date of issue;
Each permit issued shall expire on December 31, next following the date of issue.
and (4) Persons engaged in offering for sale, selling, exchanging, or bartering products or commodities produced exclusively on their own farms.
Each registration shall expire on August 31 next following the date of issue:
Each registration 5 CS for SB 226 shall expire on August 31 next following the date of issue:
Each Intr SB 226 2026R2053 registration shall expire on December 31, next following the date of issue:
Each registration shall expire on December 31, next following the date of issue:
(k) On-farm manufacturers shall register with the commissioner, with each registration lasting for a period of two years following the date of issue:
Provided, That no registration fee shall be charged to an on-farm manufacturer.
A registered on-farm manufacturer is exempt from any requirement to obtain a Commercial Feed Manufacturing Permit, Commercial Feed Distributor Permit, or Commercial Feed Guarantor Permit from the commissioner;
from tonnage reports and fees imposed pursuant to §19-14-9 of this code;
and from registering any brand name or product name, provided the on-farm manufacturer:
(1) Does not sell, exchange, or barter products or commodities grown, manufactured, and sold exclusively on his or her own farm in excess of 30 tons annually avoirdupois, in which case he 6 CS for SB 226 or she must obtain a Commercial Feed Manufacturing Permit from the commissioner pursuant to subsection (c) of this section;
(2) Labels all products or commodities sold, exchanged, or bartered pursuant to the labeling requirements set forth in this article, except in the case of a customer who waives such labeling requirements for the products or commodities being provided to that customer;
and (3) Does not manufacture feed with minerals, drugs, pellets, or any other products not produced on the on-farm manufacturer’s own farm.
The purpose of this bill is to provide that a person engaged in offering for sale, selling, exchanging, or bartering products or commodities produced exclusively on his or her own farm is exempt from obtaining a commercial feed distributor permit.
The purpose of this bill is to provide that certain on-farm manufacturers engaged in offering for sale, selling, exchanging, or bartering products or commodities grown, manufactured, and sold exclusively on his or her own farm are exempt from obtaining a commercial feed manufacturing, distributor, or guarantor permit.
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Action History

  1. Committee substitute reported, but first to Finance

  2. To Finance

  3. Filed for introduction

  4. To Agriculture then Finance

  5. Introduced in Senate

  6. To Agriculture

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 150 not signed on

Sponsors (1)

Co-sponsors (1)

  • Rucker

Not signed on (150)

150 members have not signed on to this bill.

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"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

Subjects

agriculture
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Frequently asked questions

What does SB 226 do?
Relating to WV Commercial Feed Law
Who sponsors SB 226?
SB 226 is sponsored by Rucker and Craig A. Hart (Republican).
What is the current status of SB 226?
This bill died with 2026 Session. It reached “Introduced” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 226?
Track SB 226 free on One Click Politics — get push/email alerts when it moves.

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