W. Va. Code R. § 64-102-2

Current through Register Vol. XLI, No. 36, September 6, 2024

Section 64-102-2 - Definitions

2.1. "Commissioner" means the Commissioner of the Bureau for Public Health or his or her lawful designee.

2.2. "Consignment farmers market" means a market in which two or more persons 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. Consignment farmers markets offering for sale potentially hazardous foods are regulated by 64 CSR 17 (Food Establishments Rule).

2.3. "Farm and food products" means an agriculture, horticulture, agroforestry, animal husbandry, dairy, livestock, cottage food, beekeeping or other similar product.

2.3.a. Farm and food products include, but is not limited to:

2.3.a.1. Eggs;

2.3.a.2. Meats;

2.3.a.3. Poultry;

2.3.a.4. Dairy Products that are produced in an approved food manufacturing facility;

2.3.a.5. Commercially raised and harvested fish;

2.3.a.6. Sprouted Seeds;

2.3.a.7. Agriculture, horticulture, agroforestry, animal husbandry, livestock, cottage food, beekeeping or other similar products produced in an approved food manufacturing facility which requires temperature control; and

2.3.a.8. Other foods as determined by the Commissioner on a case by case basis.

2.3.b. Farm and food products do not include:

2.3.b.1. Products that do not require an operational permit, but require a vendor to register with a local health department as required by procedures manual memo F-16. This includes:

2.3.b.1.A. Non-dietary Jams, Jellies, and Preserves;

2.3.b.1.B. Applebutter, Molasses, and Sorghum;

2.3.b.1.C. Undiluted Honey and Undiluted Maple Syrup;

2.3.b.1.D. Dehydrated Fruits and Vegetables;

2.3.b.1.E. Vinegar - Plain, Herb, or Flavored;

2.3.b.1.F. Cakes, Cookies, and Candies;

2.3.b.1.G. Fruit Pies;

2.3.b.1.H. Yeast breads, nut and fruit breads; and

2.3.b.1.I. Other similar foods at the discretion of the Commissioner.

2.3.b.2. Products that do not require an operational permit, and do not require a vendor to register with the local health department, as required by procedures manual memo F-16. This includes:

2.3.b.2.A. Whole, uncut fruits and vegetables;

2.3.b.2.B. Commercially harvested mushrooms;

2.3.b.2.C. Prepackaged foods that do not require temperature control and that are produced in an approved food manufacturing facility; and

2.3.b.2.D. Other similar foods at the discretion of the Commissioner.

2.4. "Farmers market" means:

2.4.a. A traditional farmers market;

2.4.b. An on-farm market or farm stand; and

2.4.c. An on-line farmers market.

2.5. "Farmers market vendor or vendor" means a person or entity that sells his or her farm and food products at a farmers market.

2.6. "Health Officer" means the executive officer of the local board of health or his or her lawful representative.

2.7. "Local health department" means a health department serving one or more counties or one or more municipalities or a combination thereof.

2.8. "On-farm market or farm stand" means an individual producer that sells farm and food products at his/her farm.

2.9. "On-line farmers market" means a farmers market where two or more vendors collectively market farm and food products and retain ownership of those products until they are sold.

2.10. "Person" means an individual, partnership, association, syndicate, company, firm, trust, corporation, institution, department, division, bureau, agency, or any entity recognized by law.

2.11. "Traditional farmers market" means a farmers market where two or more vendors gather to sell farm and food products directly to the consumer at a fixed location.

2.12. "Uniform farmers market vendor permit" or "permit" means a permit issued by a local health officer authorizing the permittee to sell farm and food products at a farmers market.

W. Va. Code R. § 64-102-2