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Bill

HB 402

Cottage food laws; sale of certain food over phone and internet.

2026 Regular Session Introduced by Katrina Callsen and 2 co-sponsors

Virginia bill permits home-based food producers to sell non-hazardous cottage foods via phone and internet, expanding market access beyond direct in-person sales.

Committee substitute printed 26106526D-H1
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Bill Summary · HB 402

Legislative bill overview

HB 402 expands Virginia's cottage food laws to permit the sale of certain non-potentially hazardous foods produced in home kitchens through phone and internet sales channels, in addition to existing direct sales methods. The bill allows home-based food producers to reach customers beyond face-to-face transactions while maintaining current food safety restrictions on eligible products.

Why is this important

Cottage food operations represent a significant economic opportunity for small-scale food entrepreneurs and rural producers. Expanding sales channels to include remote ordering could increase market access and revenue for home-based businesses while potentially reducing barriers to entry for aspiring food entrepreneurs. However, this also raises questions about enforcement, food safety oversight, and fair competition with licensed commercial food producers.

Potential points of contention

  • Food safety and traceability: Remote sales may complicate health department oversight, product recalls, and tracking of foodborne illness sources compared to direct-sale transactions where vendors are physically present
  • Licensing and fair competition: Licensed commercial food producers operating under strict regulations may view expanded home-based sales as unfair competition with lower regulatory burden and overhead costs
  • Consumer protection and recourse: Phone and internet sales reduce direct consumer-vendor interaction, potentially complicating dispute resolution, product returns, and consumer complaints compared to farmers market transactions

Compiled from official sources — confirm details with the bill’s official record.

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