Current through Register Vol. XLI, No. 36, September 6, 2024
Section 64-43-4 - General Requirements4.1. Whenever a food manufacturing facility is constructed or altered and whenever an existing structure is converted to a food manufacturing facility, plans and specifications for such construction, altering, or conversion shall be submitted to the commissioner for review and approval at least 45 days prior to the date the person intends to engage in business.4.2. Facilities shall not begin manufacturing, processing, or packing food for human consumption until the facility has obtained or completed:4.2.1. A permit to operate from the commissioner, as required in section 5 of this rule;4.2.2. Label approval for all products from the West Virginia Department of Agriculture, and which complies with food labelling requirements of 21 CFR 101 for products sold in interstate commerce; and4.2.3. Registration with the FDA under the Public Health Security and Bio-Terrorism and Preparedness and Response Act of 2002. Exemptions shall be determined by the FDA.4.3. Facilities shall also comply with requirements set forth in the Code of Federal Regulations incorporated by reference in section 3 of this rule regarding processing authority, better process control school, process control qualified individual training, and appropriate food safety training prior to manufacturing, processing, or packing food for human consumption.4.4. All facilities governed by this rule shall maintain process records, have a written recall procedure, and flow charts of products. These documents shall be readily available to the commissioner.4.5. If living or sleeping quarters are located on the premises, they shall be separated from rooms and areas used for food manufacturing facilities with complete partitioning and solid self-closing doors.