🚨 URGENT ACTION NEEDED: HB 402 Hearing Feb 4 – 9 am
Please continue to support HB402
HB402 Cottage food laws, patron Delegate Callsen, made it through the Ag Subcommittee last Wednesday and has been amended, unfortunately the section of the bill that would have streamlined and adjusted the permitting process for smaller producers has been removed. The remaining bill will still offer some gains for food freedom in the exempted section of the bill that will expand where and how producers of exempted foods can sell their products throughout Virginia. The bill moves on the to the full Agricultural Committee and will be heard tomorrow morning at 9 a.m. Call the remaining Ag Committee members and ask them to support the passage of HB402. You can write a comment on HODspeak or sign up to speak remotely at tomorrow’s meeting about the bill.
✅ Why Support HB 402?
HB 402 has two major impacts that significantly expand food freedom and support small producers.
1. Expands Cottage Food Freedom
Cottage foods—those currently exempt from state regulation—are subject to limits on where they can be sold, how much can be produced, and how much income can be earned.
HB 402 removes these restrictions by:
- Eliminating sales and income caps
- Allowing cottage foods to be sold anywhere, not just in person, at farmers markets, or special events
- Empowering individuals to freely produce and sell foods the state has already deemed safe for exemption
2. Streamlines Kitchen Permitting
While cottage foods do not require permits, foods such as soups, lasagnas, pies, and other time/temperature-controlled foods currently require a state-issued kitchen permit.
The existing permitting process is overly burdensome. HB 402:
- Removes unnecessary requirements
- Streamlines the kitchen inspection and permitting process
- Makes it far easier for producers to legally grow their businesses and sell to the public
HB 402 + HB 699: A Powerful Pair
HB 402 is a perfect companion bill to HB 699.
- HB 699 allows all foods to be sold directly from the farm or home without regulatory burden
- HB 402 ensures that as producers grow, the path to regulation is reasonable and achievable
Together, these bills will:
- Foster local economic growth
- Strengthen food security
- Build long-term resilience within Virginia’s food system

