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Chapter 19     Entire Code
‹ Chapter 18C  |  Chapter 20 › Printer Friendly Versions
Chapter 19  |  Article 19 - 35

1 - DEPARTMENT OF AGRICULTURE

1A - DIVISION OF FORESTRY

1B - SEDIMENT CONTROL DURING COMMER

1C - CARE OF LIVESTOCK

2 - MARKETING AGRICULTURAL PRODUCTS

2A - PUBLIC MARKETS

2B - INSPECTION OF MEAT AND POULTRY

2C - AUCTIONEERS

2D - IMITATION HONEY PRODUCT LAW

2E - HUMANE SLAUGHTER OF LIVESTOCK

2F - BEEF INDUSTRY SELF-IMPROVEMENT

2G - TREE FRUIT INDUSTRY SELF-IMPRO

2H - CAPTIVE CERVID FARMING ACT

3 - SALE OF FARM PRODUCTS BY COMMIS

4 - COOPERATIVE ASSOCIATIONS

5 - GRADING AND PACKING OF FRUITS A

5A - CONTROLLED ATMOSPHERE STORAGE

6 - DEMONSTRATION PACKINGHOUSES AND

7 - STATE AID FOR FAIRS

8 - COOPERATIVE EXTENSION WORKERS

9 - DISEASES AMONG DOMESTIC ANIMALS

9A - FEEDING OF UNTREATED GARBAGE T

10 - MALE BREEDING ANIMALS

10A - THE WEST VIRGINIA EGG MARKET

10B - LIVESTOCK DEALER'S LICENSING

11 - BULK MILK TRADE LAW

11A - DAIRY PRODUCTS AND IMITATION

11B - FROZEN DESSERTS AND IMITATIO

11C - SOUTHERN DAIRY COMPACT

11D - TRADITIONAL CHEESE PRODUCTIO

12 - INSECT PESTS, PLANT DISEASES

12A - LAND DIVISION

12B - INTERSTATE COMPACT ON PEST C

12C - INTERAGENCY COMMITTEE ON PES

12D - WEST VIRGINIA NOXIOUS WEED A

12E - INDUSTRIAL HEMP DEVELOPMENT

13 - INSPECTION AND PROTECTION OF

14 - WEST VIRGINIA COMMERCIAL FEED

15 - WEST VIRGINIA FERTILIZER LAW

15A - WEST VIRGINIA AGRICULTURAL L

16 - WEST VIRGINIA SEED LAW

16A - WEST VIRGINIA PESTICIDE CONT

16B - WEST VIRGINIA PESTICIDE USE

17 - FENCES

18 - GENERAL STOCK LAW

19 - PRESERVATION OF AGRICULTURAL

20 - DOGS AND CATS

20A - VACCINATION OF DOGS AND CATS

20B - SPAYING OR NEUTERING OF DOGS

20C - WEST VIRGINIA SPAY NEUTER AS

20D - PRIVATE CAUSE OF ACTION FOR

21 - DRAINAGE DISTRICTS

21A - CONSERVATION DISTRICTS

21B - WATERSHED IMPROVEMENT DISTRI

22 - VINEGARS

23 - HORSE AND DOG RACING

24 - INTERSTATE COMPACT ON LICENSU

25 - LIMITING LIABILITY OF LANDOWN

26 - GENERAL JOHN MCCAUSLAND MEMOR

27 - WEST VIRGINIA STATE FARM MUSE

28 - VITAMIN AND MINERAL ENRICHMEN

29 - PRODUCTION OF NONTRADITIONAL

30 - DONATED FOOD

31 - GUS R DOUGLASS AGRICULTURAL C

32 - AQUACULTURE DEVELOPMENT

33 - EQUINE RESCUE FACILITIES ACT

34 - DANGEROUS WILD ANIMALS ACT

35 - FARMERS MARKETS
    19 - 35 - 1
    19 - 35 - 2
    19 - 35 - 3
    19 - 35 - 4

WVC 19 - CHAPTER 19. AGRICULTURE.
WVC 19 - 35 - ARTICLE 35. FARMERS MARKETS.

WVC 19 - 35 - 1 §19-35-1. Legislative findings.

     (a) Farmers markets are critical incubators for small farm and food businesses because they offer an inexpensive, accessible, entry-level market for reaching consumers directly, though research has shown that the average vendor makes only a nominal dollar amount in sales on any given market day;

     (b) The number of farmers markets and the variety of products sold at farmers markets has increased significantly in the past ten years, adding millions of dollars to the state's economy;

     (c) Encouraging locally grown and raised food is important to the health and welfare of the citizens of West Virginia;

     (d) Permit fees and requirements for farmers market vendors can vary widely from county to county and from one regulatory official to the other. Current food permit categories are not designed for farmers markets and their vendors, but rather for restaurants, grocery stores or concessioners;

     (e) Food permits required for farmers market vendors are currently not recognized across county lines.

WVC 19 - 35 - 2 §19-35-2. Definitions.

     For purposes of this article:

     (a) "Consignment farmers market" means a farmers market in which two or more vendors deliver their own farm and food products to a common location maintained by a third party that markets the vendors' products and receives a percentage share of the profits from sales, with the individual vendor retaining ownership of the farm and food product until it is sold.

     (b) "Farm and food product" means any agriculture, horticulture, agroforestry, animal husbandry, dairy, livestock, cottage food, beekeeping or other similar product. Farm and food products are to be properly labeled.

     (c) "Farmers market" means:

     (1) A traditional farmers market in which two or more vendors gather to sell farm and food products directly to consumers at a fixed location;

     (2) An on-farm market or farm stand run by an individual producer that sells farm and food products;

     (3) An online farmers market in which two or more vendors collectively market farm and food products and retain ownership of those products until they are sold; or

     (4) A consignment farmers market.

     (d) "Farmers market vendor" or "vendor" means a person or entity that sells farm and food products at a farmers market.

WVC 19 - 35 - 3 §19-35-3. Farmers market vendor permit; scope.

     (a) Vendors at a farmers market selling farm and food products that require a food establishment permit shall apply for a uniform farmers market vendor permit and pay the annual permit fee to the local health department in the jurisdiction in which the farmers market is located. The permit is valid in all counties in this state, and vendors are not required to apply to more than one local health department for a uniform farmers market vendor permit. The uniform farmers market vendor permit shall be required in lieu of the food establishment permit, notwithstanding any other provisions of code or rule that require a food establishment permit or any other permit from a local health department.

     (b) The application must include any other farmers market locations under the jurisdiction of another local health department that the vendor will sell farm and food products subject to the permit. The local health department which approves the application for the uniform farmers market vendor permit shall provide notice of the approval to any other local health departments that the vendor will be subject to, as indicated on the application.

     (c) (1) The annual permit fee for the uniform farmers market vendor permit is as follows:

     (A) For vendors selling farm and food products under the jurisdiction of only one local health department, the annual fee is $15.

     (B) For vendors selling farm and food products under the jurisdiction of more than one local health department, the annual fee is $25.

     (2) The annual permit fee shall be collected and deposited in accordance with subsection (6), section eleven, article two, chapter sixteen of this code.

     (d)The following vendors are exempt from the requirements of the uniform farmers market vendor permit:

     (1) Vendors delivering their products to a consignment farmers market; or

     (2) Vendors selling fresh, uncut produce or other any other farm and food product not subject to a permit by a local health department through rule or regulation.

     (e) A consignment farmers market shall obtain a food establishment permit issued by the local health department.

     (f) Every uniform farmers market vendor permit shall be displayed in a conspicuous manner.

 (g) Notwithstanding the provisions of article two, chapter sixteen of this code, a local health department has the right to inspect and suspend the uniform farmers market vendor permit for violation of rules or the local health department regulations of a vendor at any farmers market in its jurisdiction, or at the vendor's home or business address, if it is in the inspecting local health department's jurisdiction, regardless of what local health department issued the uniform farmers market vendor permit.

 (h) Nothing in this article eliminates or limits other state and federal rules and regulations that apply to certain farm and food products sold at a farmers market or a consignment farmers market.

WVC 19 - 35 - 4 §19-35-4. Legislative rules.

     (a) The West Virginia Department of Health and Human Resources shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code for the purposes of implementing this article.

     (b) The West Virginia Department of Health and Human Resources shall consult with the West Virginia Department of Agriculture and shall consider the guidelines established in the Farmers Market Vendor Guide and Memorandum F-16, Food Permits at Farmers Markets in promulgating the rules.

Note: WV Code updated with legislation passed through the 2016 Regular Session
The West Virginia Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.


Recent legislation affecting the Code

Citation Year/Session Short Title
§19 - 13 - 4 - (Amended Code)
SENATE BILL - 531
PASSED - Regular Session

SB531 SUB1 enr  (Uploaded - 10/02/2017)
Relating to renewal date for apiary certificates of registration
§19 - 12 E- 5 - (Amended Code)
HOUSE BILL - 2453
PASSED - Regular Session

HB2453 SUB ENR  (Uploaded - 10/06/2017)
Expanding the list of persons the Commissioner of Agriculture may license to grow or cultivate industrial hemp
§19 - 14 - 4 - (Amended Code)
§19 - 14 - 5 - (Amended Code)
HOUSE BILL - 2552
PASSED - Regular Session

HB2552 SUB ENR  (Uploaded - 10/06/2017)
Increasing the pet food registration fee and directing that the additional money be deposited into the West Virginia Spay Neuter Assistance Fund
§19 - 1 A- 3 A - (Amended Code)
§19 - 2 A- 4 - (Amended Code)
§19 - 9 A- 3 - (Amended Code)
§19 - 12 D- 7 - (Amended Code)
§19 - 15 - 2 - (Amended Code)
§19 - 34 - 6 - (Amended Code)
§19 - 35 - 3 - (Amended Code)
HOUSE BILL - 2948
PASSED - Regular Session

HB2948 SUB ENR  (Uploaded - 10/06/2017)
Establishing timelines for taking final action on certain permits
§19 - 25 - 7 - (Repealed Code)
SENATE BILL - 270
PASSED - Regular Session

SB270 SUB1 ENR  (Uploaded - 03/14/2016)
Repealing code relating to insurance policies
§19 - 1 - 7 - (New Code)
SENATE BILL - 387
PASSED - Regular Session

SB387 SUB2 enr  (Uploaded - 02/25/2016)
Shared animal ownership agreements to consume raw milk
§19 - 2 H- 11 - (Amended Code)
HOUSE BILL - 4673
PASSED - Regular Session

HB4673 SUB ENR  (Uploaded - 03/17/2016)
Providing for a crime for the theft, damage or release of deer from private game farms
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