Katrina Callsen House Bill 402 Expands Cottage Food Sales Options

Sep 10, 2026, 7:30 AM ET

Homemade jams, baked goods, and herbs on a table near a red barn

RICHMOND — In a unanimous vote reflecting strong bipartisan support for reducing barriers to small-scale entrepreneurship, the Virginia House of Delegates passed House Bill 402 on February 10, 2026, by a block vote of 98-0. The legislation, sponsored by Delegate Katrina Callsen, seeks to modernize cottage food laws by permitting home-based producers to sell certain non-perishable food products through telephone orders, internet sales, and various delivery methods, thereby opening new avenues for Virginia families and individuals to engage in local food production and sales.

Currently, Virginia’s cottage food laws limit sales of items such as baked goods, jams, and acidified vegetables like pickles to in-person transactions at the producer’s private home, temporary events, or farmers’ markets. HB402 expands these exemptions from state inspection requirements, allowing producers to sell such products at any location within the Commonwealth, via phone or online to individuals for personal consumption. Delivery options under the bill include in-person handoff, mail, or third-party delivery services, all subject to specified restrictions to ensure consumer safety.

The bill’s progress through the legislative process has been swift and without opposition. Prefiled on January 12, 2026, and formally offered on January 14, HB402 was referred to the House Committee on Agriculture, Chesapeake and Natural Resources. On January 19, it was assigned to the Agriculture Subcommittee, where a substitute was offered and recommended for reporting by a 10-0 vote on January 28. The full committee reported it with a substitute on February 4 by 22-0, and on February 9, the House agreed to the committee substitute printed as 26106526D-H1. The third reading and passage followed the next day.

Fiscal impact statements from the Department of Planning and Budget were issued on January 26 and February 12, indicating the measure’s potential implementation without significant state costs. Following House passage, the bill moved to the Senate, where it underwent a constitutional reading dispensed on first reading on February 11 and was referred to the Senate Committee on Agriculture, Conservation and Natural Resources.

Beyond sales expansion, HB402 directs the Department of Agriculture and Consumer Services to convene a work group tasked with examining structural, equipment, and facility standards for private homes producing foods outside current cottage food exemptions. This group must complete its meetings by November 1, 2026, and submit findings and recommendations to the chairs of the relevant Senate and House agriculture committees by the start of the 2027 Regular Session.

Proponents highlight how the bill fosters economic opportunity for home-based operations, particularly in rural and suburban areas where families can leverage kitchen skills into viable income streams. By broadening sales channels without mandating costly commercial inspections for low-risk products, the legislation promotes self-reliance and local commerce. The unanimous committee and floor votes underscore a shared recognition that easing these regulations empowers Virginia residents to participate more fully in the marketplace.

Amendments incorporated during committee review refined the proposal, with the House Agriculture Subcommittee substitute offered on January 28 and the full committee version printed on February 4. These changes ensure the expanded framework maintains necessary safeguards while maximizing flexibility for producers.

As the bill awaits Senate action, it represents a practical step toward supporting Virginia’s entrepreneurial spirit. Home food producers stand to benefit from accessing wider customer bases through familiar platforms like online marketplaces and delivery services, potentially boosting local economies and preserving traditional food-making practices. The work group’s forthcoming report could pave the way for further enhancements, balancing innovation with standards.

Delegate Callsen, as chief patron, has championed this update to cottage food statutes, aligning with ongoing efforts to streamline regulations for small operations. With the 2026 session underway, HB402’s trajectory suggests potential for enactment that could invigorate community-level food businesses across the Commonwealth.

Email the Richmond City Council:
Andrew Breton, andrew.breton@rva.gov,
Katherine Jordan, katherine.jordan@rva.gov,
Kenya Gibson, kenya.gibson@rva.gov,
Sarah Abubaker, sarah.abubaker@rva.gov,
Stephanie Lynch, stephanie.lynch@rva.gov,
Ellen Robertson, ellen.robertson@rva.gov,
Cynthia Newbille, cynthia.newbille@rva.gov,
Reva Trammell, reva.trammell@rva.gov,
Nicole Jones, nicole.jones@rva.gov,

Email the Richmond School Board:
Matthew Percival, mpercival@rvaschools.net,
Kathryn Ricard, kricard@rvaschools.net,
Ali Faruk, afaruk@rvaschools.net,
Wesley Hedgepeth, whedgepeth@rvaschools.net,
Stephanie Rizzi, srizzi@rvaschools.net,
Anne Holton, aholton@rvaschools.net,
Cheryl Burke, cburke2@rvaschools.net,
Emmett Jafari, ejafari@rvaschools.net,
Shavonda Fernandez, sdixon@rvaschools.net,

Richmond Virginia Virginia House of Delegates Virginia Senate Aaron Rouse Abigail Spanberger Adam Ebbin Adele McClure Agriculture Alex Askew Alfonso Lopez Ali Faruk Amendments Amy Laufer Andrew Breton Angelia Williams Graves Anne Holton Anne Tata Atoosa Reaser Barbara Favola Barry Knight Betsy Carr Bill DeSteph Bill Wiley Bonita Anthony Briana Sewell Bryce Reeves Buddy Fowler Budget Charlie Schmidt Charniele Herring Cheryl Burke Chris Runion Christie Craig Christopher Head Cia Price Cliff Hayes Creigh Deeds Cynthia Newbille Dan Helmer Danica Roem Danny Diggs David Marsden David Reid David Suetterlein Debra Gardner Delores McQuinn Delores Oates Destiny LeVere Bolling Don Scott Elizabeth Bennett-Parker Elizabeth Guzmán Ellen McLaughlin Ellen Robertson Emily Jordan Emmett Jafari Eric Phillips Eric Zehr Families Food Garrett McGuire Glen Sturtevant Gretchen Bulova Hillary Kent Holly Seibold House of Delegates Irene Shin Israel O'Quinn Jackie Glass Jas Jeet Singh Jason Ballard Jay Leftwich Jeion Ward Jennifer Boysko Jennifer Carroll Foy Jeremy McPike Jessica Anderson John McAuliff Joseph McNamara Josh Thomas Joshua Cole Justin Pence Kacey Carnegie Kannan Srinivasan Karen Hamilton Karen Keys-Gamarra Karrie Delaney Katherine Jordan Kathryn Ricard Kathy Tran Katrina Callsen Keith Hodges Kelly Convirs-Fowler Kenya Gibson Kimberly Pope Adams Lamont Bagby Lashrecse Aird Laura Cohen Lee Ware Legislation Leslie Mehta Lily Franklin Lindsey Dougherty Louise Lucas Luke Torian Luther Cifers Madison Whittle Mail Mamie Locke Marcus Simon Margaret Franklin Mark Downey Mark Obenshain Mark Peake Marty Martinez Matthew Percival May Nivar Michael Feggans Michael Jones Michael Webert Michelle Maldonado Mike Cherry Mitchell Cornett Nadarius Clark Nicole Cole Nicole Jones Otto Wachsmann Patrick Hope Paul Krizek Phil Hernandez Phillip Scott Phone Rae Cousins Reva Trammell Richard Stuart Richmond Richmond City Council Richmond School Board Rip Sullivan Robert Bloxom Rodney Willett Rozia Henson Russet Perry Ryan McDougle Saddam Salim Sam Rasoul Sarah Abubaker Schuyler VanValkenburg Scott Surovell Scott Wyatt Senate Shavonda Fernandez Shelly Simonds Stacey Carroll Stella Pekarsky Stephanie Lynch Stephanie Rizzi Tammy Mulchi Tara Durant Terry Austin Terry Kilgore Tim Griffin Timmy French Todd Pillion Tom Garrett Tommy Wright Tony Wilt Travis Hackworth Virgil Thornton Virginia Virginia House Virginia House of Delegates Virginia Senate Vivian Watts Wendell Walker Wesley Hedgepeth Will Davis Will Morefield William Stanley Wren Williams