Date Requested: February 20, 2015
Time Requested: 02:55 PM
Agency: Health and Human Resources, Department of
CBD Number: Version: Bill Number: Resolution Number:
2754 Introduced HB2859
CBD Subject: Health



Sources of Revenue:

Special Fund

Legislation creates:

Neither Program nor Fund

Fiscal Note Summary

Effect this measure will have on costs and revenues of state government.

    The purpose of this bill is to exempt charitable food services and direct retail home and farm producers from food establishment regulations requiring inspections of facilities or licensing of food preparation staff.
    As written, the Department of Health and Human Resources does not estimate any fiscal impact from the proposed legislation.

Fiscal Note Detail

Effect of Proposal Fiscal Year
Fiscal Year
(Upon Full
1. Estmated Total Cost 0 0 0
Personal Services 0 0 0
Current Expenses 0 0 0
Repairs and Alterations 0 0 0
Assets 0 0 0
Other 0 0 0
2. Estimated Total Revenues 0 0 0

Explanation of above estimates (including long-range effect):

    As written, the Department of Health and Human Resources does not estimate any fiscal impact from the proposed legislation.


    While the state will have a minimal fiscal impact if HB2859 passes, this Bill to amend The Code of West Virginia related to exempting certain types of food establishments from inspection creates an increased and unnecessary risk to consumers obtaining food from those establishments. Science-based food safety regulations are in place that consider hazards associated with food and how to best control those hazards to produce safe food.
    Both the Department's Bureau for Public Health (BPH) and local health departments have regulatory authority. BPH's authority relates to food manufacturing and local health departments to food establishments. The proposed Bill would currently impact one food manufacturing facility that produces food from its farm and sells directly to the consumer (permit fee $300), as well as future potential manufacturers that may be exempt which could result in them not being required to receive Food and Drug Administration training for acidified and low acid canned foods. The local health departments could also be impacted if there are facilities that have obtained a food establishment or retail permit to sell home produced products; as well as charitable, non-profit or volunteer organizations that are permitted to prepare and serve food products on more than a temporary basis.

    Person submitting Fiscal Note: Karen L. Bowling
    Email Address: