April 1, 2026

Public Interest Law Firm Applauds West Virginia for Easing Restrictions on Selling Homemade Foods

ARLINGTON, Va.—Today, the Institute for Justice (IJ) applauded West Virginia Gov. Patrick Morrisey for signing into law a bill that would allow home cooks to sell more of their products. IJ worked closely with State Sen. Patricia Rucker and Del. Kathie Hess Crouse, the bill’s sponsors, on the reforms.  

The new law expands the kinds of foods that producers can sell from only non-perishable foods to perishable foods (excluding meat and Grade A dairy), maintains the current rules for sales of non-potentially hazardous foods, and creates a permit that allows producers to sell their perishable cottage foods.  

“These reforms are a great step in the right direction and we look forward to continuing to work to expand cottage food sales even further,” said IJ Activism Coordinator Sydney Travis. “All West Virginians deserve the opportunity to earn an honest living.”  

Prior to making these changes, West Virginia received a “B” grade from IJ for its homemade food laws.  

“For many of my constituents, selling food from home is a great way to earn a living while also being able to be home and care for their families,” said Sen. Rucker. “I’m thrilled Gov. Morrisey signed this important reform into law.”  

IJ is the nation’s leader in defending food freedom and the right to earn an honest living. In addition to its legislative and activist efforts in this space, IJ has won lawsuits in New JerseyMinnesota, and Nebraska, recognizing the right to sell homemade foods.  

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