Senate Bill No. 281
(By Senator Manchin)
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[Introduced March 4, 1993; referred to the Committee
on Health and Human Resources.]
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A BILL to amend and reenact article six, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the construction, operation, maintenance and sanitation of food establishments and hotels; permits; inspections; promulgation of rules; authority of the state board of health; penalties; and injunctions.

Be it enacted by the Legislature of West Virginia:

That article six, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:

ARTICLE 6. HOTELS AND FOOD ESTABLISHMENTS.

§16-6-1. Rules by state board of health, enforcement of orders and laws.

The West Virginia board of health shall make such rules, not inconsistent with law, as in their judgment are necessary to carry out the provisions of this article. The commissioner ofthe bureau of public health shall enforce any orders made by the board of health and any health laws of the state.
§16-6-2. Definitions.
When used in this article:
(a) "Commissioner" means the commissioner of the bureau of public health.
(b) "Food" means any and all articles used for food, drink, flavoring, confectionery or condiment, whether simple, mixed or compounded and all substances used as a constituent in the manufacturing, processing or preparation thereof.
(c) "Food establishment" means every building, structure, vehicle or conveyance where food is manufactured, processed, prepared, handled, stored, served or offered for consumption to the public.
(d) "Hotel" means every building or buildings kept, used, maintained, advertised or held out to the public as a place where sleeping accommodations are offered for pay to transient guests.
(e) "Person" means an individual, partnership, association, syndicate, company, firm, trust, corporation, institution, department, division, bureau, agency or any entity recognized by law.
(f) "Temporary food service establishment" means a food service establishment that operates at a fixed location for a period of time of not more than fourteen consecutive days in conjunction with a single event or celebration.
§16-6-3. Rules.
All rules promulgated under this article shall be promulgated in the manner provided by the provisions of article three, chapter twenty-nine-a of this code.
When these rules are promulgated and adopted by the West Virginia board of health, they shall be the minimum requirements as enforced by the commissioner throughout the state.
§16-6-4. Permit; permit application.
A person may not construct, establish, alter, conduct, maintain or operate a food establishment or hotel in the state of West Virginia unless that person possesses a permit therefor from the commissioner. Properly prepared plans and specifications for such construction or alterations shall be submitted to the commissioner for review and approval before work is performed.
The commissioner may not issue a permit to operate until he or she conducts a sanitary inspection of the food establishment or hotel which determines that the food establishment or hotel complies with the requirements of this article and any rule lawfully promulgated thereunder.
Every application for a permit shall be made in writing on an application form prescribed and furnished by the commissioner of the bureau of public health.
Permits to operate shall be posted in a conspicuous place. Permits are not transferable and shall remain in force until otherwise suspended, revoked or expired.
Any permit issued under this article may be suspended or revoked by the commissioner for the violation by the permitholder of any provision of this article or any rule lawfully promulgated thereunder.
§16-6-5. Inspections.
For the protection of the public health, the commissioner or his or her designee, shall make or cause to be made as many inspections of food establishments and hotels as he or she considers necessary to determine compliance with the provisions of this article and any rules lawfully promulgated thereunder.
Every food establishment in the state of West Virginia shall be inspected at least twice annually and every hotel at least once annually by the commissioner of public health to determine the sanitary condition and the operation of the food establishment or hotel for the purpose of making inspections and investigations to determine compliance with the provisions of this article and any rules lawfully promulgated thereunder.
The commissioner shall prohibit the use of any food item or preparation devices not in keeping with approved cleanliness and sanitary conditions.
It is the duty of every person responsible for the control or management of any food establishment or hotel to provide the commissioner free access to every part of the food establishment or hotel and to render any aid and assistance necessary to make a full, thorough and complete inspection.
No person may interfere, hinder, obstruct or restrain the commissioner in the performance of his or her duty.
§16-6-6. Examination and condemnation of food.
The commissioner shall sample or examine food at any food establishment to determine the sanitary condition of the food, its wholesomeness and its freedom from adulteration.
The commissioner may, upon written notice to the person controlling, managing or operating any food establishment, place a hold order on, or embargo any food which the commissioner has probable cause to believe to be unsanitary, unwholesome, adulterated or in violation of any provision of article seven of this chapter.
Under the hold order or embargo, the food shall be permitted to be suitably stored. It is unlawful for any person to remove or alter a hold order or embargo order placed on the food by the commissioner and neither such food nor its container thereof may be relabeled, repacked, reprocessed, altered, disposed of, sold, given away or destroyed without the written permission of the commissioner or by a court of competent jurisdiction.
§16-6-7. Changes and alterations; penalty for refusal.
Every food establishment or hotel shall be of proper construction, kept in good repair and shall be conducted, operated and maintained in a clean, safe and sanitary manner.
Whenever upon inspection it is found that any food establishment or hotel is not equipped or is not being operated or maintained in the manner and under the conditions required by the provisions of this article and the rules lawfully promulgated thereunder, the commissioner shall give written notice to the owner, manager or agency in charge of the food establishment orhotel of changes or alterations necessary to effect compliance with these provisions. The written notice shall set forth specific violations and the time allotted for such corrections, changes, alterations or improvements necessary to correct violations. The owner, manager or agent shall thereupon make such corrections, changes or alterations as directed to ensure full compliance with the written notice. Should the changes or alterations directed by the notice not be made in the time specified therein, the commissioner may suspend or revoke any permit to operate and prevent the operation of the food establishment or hotel until it is in full compliance with provisions of this article and the rules lawfully promulgated thereunder.
§16-6-8. Employment of persons having communicable diseases.
No person, while infected with a disease in a communicable form that can be transmitted by foods, or who is a carrier of organisms that cause such a disease, or while afflicted with a boil, an infected wound or an acute respiratory infection, may work in any area of a food establishment.
§16-6-9. Notices by commissioner of public health.
All notices given under this article shall be in writing and shall either be delivered in person or sent by registered or certified mail, return receipt requested.
§16-6-10. Lighting, plumbing; ventilation.
Every food establishment and hotel in this state shall be properly lighted by day and by night, shall be properly plumbedand ventilated and shall be conducted in every department with strict regard for the health, comfort and safety of its guests. Proper plumbing and draining shall be done and maintained according to approved sanitary principles. Proper ventilation shall be construed as to require at least one door and one window in every sleeping room.
§16-6-11. Toilet facilities.
All food establishments and hotels shall maintain for public use suitable toilet facilities for the accommodation of guests which facilities must be connected to an approved sewage disposal system.
§16-6-12. Washrooms; towels.
All hotels in this state shall be provided with a washroom convenient and of easy access to guests and there shall be furnished for each registered guest clean, individual towels, so that two or more registered guests are not required to use the same towel, unless it has first been washed.
§16-6-13. Bed and floor coverings.
Every hotel shall provide each bed or other sleeping place for the use of guests with pillow slips, under and top sheets and mattress pad or cover. Sheets and pillow slips, after being used by a guest, shall be laundered before being used by another guest, a clean set being furnished each succeeding guest. All bedding, including mattresses, quilts, blankets and pillows and all carpets and floor covering used in any hotel in this state shall be kept clean and in good repair.
§16-6-14. Disinfection of rooms and beds; penalty.
Every person keeping or conducting a hotel shall see that every room or bed which has been occupied by a person known to have an infectious or communicable disease at the time of such occupancy is thoroughly disinfected by methods to be prescribed by the state commissioner before such room or bed is occupied by any other person.

§16-6-15. Liability of hotel or food establishment keeper for loss of property; deposit of valuables.

The keepers of hotels and food establishments shall exercise due care and diligence in providing honest servants and employees and take every reasonable precaution to protect the persons and property of their guest and boarders, but a keeper of any hotel or food establishment may not be held liable in a greater sum than two hundred and fifty dollars for the loss of any wearing apparel, baggage or other property, not hereinafter mentioned, belonging to a guest or boarder, when loss takes place from the room or rooms occupied by the guest or boarder. Keepers of a hotel or food establishment may not be held liable for any loss on the part of any guest or boarder of jewelry, money or other valuables of like nature, if the keeper has posted in a conspicuous place in the room or rooms occupied by the guest or boarder and in the hotel office and public reception room of the hotel or food establishment, a notice stating that jewelry, money and other valuables of like nature must be deposited in the office of the hotel or food establishment unless the loss occursfrom the office after the deposit.
§16-6-16. West Virginia state fire marshal.
All hotels and food establishments must comply with the requirements of the West Virginia state fire marshal's office.
§16-6-17. Unlawful acts; penalty.
Any person who operates a food establishment or hotel without first having complied with the provisions of this article, and the rules lawfully promulgated thereunder or fails to comply with any other provisions of this article, is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than two hundred dollars, or imprisoned in the county jail not more than thirty days, or both fined and imprisoned. Each day's failure to comply constitutes a separate offense. Magistrate courts have concurrent jurisdiction with the circuit courts for violations of any provisions of this article.
§16-6-18. Injunction.
If any person operates or maintains a food establishment or hotel without first having obtained a permit therefor, or the permit therefor has expired, been suspended or revoked, the circuit court, or the judge in vacation thereof of the county in which such unlawful act occurred, shall upon proper application by the commissioner of public health, issue an injunction prohibiting the person from conducting, operating or maintaining the food establishment or hotel until he or she has fully complied with the provisions of this article and the rules lawfully promulgated thereunder. The remedy provided in thissection is in addition to all other penalties and remedies provided by law.
§16-6-19. Prosecution.
The prosecuting attorney of each county in this state upon complaint of the commissioner shall prosecute to termination before any court of competent jurisdiction a proper action or proceeding against any person violating the provisions of this article or any rules lawfully promulgated thereunder.

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(NOTE: The purpose of this bill is to completely rewrite the article dealing with hotels and restaurants so that it covers all places where food is served or accommodations are offered for pay to transient guests. It also removes duplicated coverage for fire safety with the State Fire Marshal and updates outdated requirements for hotels.)