§19-35-2. Definitions
For purposes of this article: “Acidified food” means a low-acid food item to which acid or acid foods are added with a water activity of greater than 0.85 and a finished equilibrium of pH 4.6 or below. Acidified foods are considered potentially hazardous foods. “Delivered” means transferred to the consumer, either immediately upon sale or […]
§19-35-3. Farmers Markets
(a) All farmers markets operating within the state shall register with the department. Farmers markets shall register on a form prepared by the department and provide information to the department regarding: (1) The type of farmers market;
§19-35-3a. Farmers Market Vendor Permits
(a) Except as provided in subsection (d) of this section, all vendors at a farmers market selling farm and food products shall apply for a farmers market vendor permit from the department. (b) The farmers market vendor permit, once issued, is valid in all counties in this state. (c) Notwithstanding any other provisions of code […]
§19-35-3b. Role of Local Health Departments in Farmers Markets
(a) No local health department may require a farmers market or a farmers market vendor to obtain a food establishment permit, except a consignment farmers market is required to obtain a food establishment permit: Provided, That nothing in this article shall be construed to exempt restaurants or other prepared food vendors from the requirement to […]
§19-35-4. Legislative Rules
The department shall propose emergency or legislative rules for approval in accordance with the provisions of 29A-3-1 et seq. of this code for the purposes of implementing this article, including the setting of any fees.
§19-35-5. Potentially Hazardous Foods
(a) Notwithstanding any provision of 16-1-1 et seq. of this code or any rules or regulations to the contrary, the department shall regulate potentially hazardous foods sold at farmers markets. (b) A vendor of potentially hazardous foods shall apply for and obtain a farmers market vendor permit as required by 19-35-3a of this code. (c) […]
§19-35-6. Nonpotentially Hazardous Foods
(a) The production and sale of nonpotentially hazardous foods, when done in conformity with this section and the accompanying legislative rules, are exempt from licensing, permitting, inspection, packaging, and labeling laws of this state. (b) The following conditions apply to the sale and delivery of nonpotentially hazardous foods: (1) The nonpotentially hazardous food item must […]
§19-36-1. Legislative Purposes; Authority
Every year, in rapidly increasing numbers, residents and nonresidents of the State of West Virginia are enjoying the recreational value of the state’s many agritourism venues. The tourist trade is of vital importance to the State of West Virginia and the services offered by agritourism significantly contribute to the revenue enterprise and economic development of […]
§19-36-2. Definitions
Unless the context of usage clearly requires otherwise: “Agritourism” activity means any lawful activity carried out on a farm or ranch that allows members of the general public for recreational, entertainment, or educational purposes to view or enjoy rural activities. “Agritourism business” means any person, fiduciary, firm, association, partnership, limited liability company, corporation, unit of […]
§19-36-3. Duties of Agritourism Businesses and Participants
(a) An agritourism business, or agritourism business employee or volunteer acting under the direction of the agritourism business operator, is not liable for injury or death of a participant, or loss or damage to a participant’s property, as the result of the inherent risks of agritourism activities if such agritourism business has posted the notice […]