W. Va. Code R. § 64-102-4

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

Section 64-102-4 - Application

4.1. A person must apply for a uniform farmers market vendor permit with the health officer the county in which the vendor intends to sell farm and food products at a farmers market.

4.2. A permit must be approved prior to the vendor offering for sale farm and food products at a farmers market.

4.3. Application for a permit must be made in writing on a form prescribed by the commissioner, together with the applicable fee. The application must include the following information:

4.3.a. The applicant's name, mailing address, telephone number and email address;

4.3.b. The county or counties in which the applicant intends to sell farm and food products;

4.3 .c. The farm and food products the applicant intends to offer for sale; and

4.3 .d. The signature of the applicant or his or her authorized representative.

4.4. The application and applicable permit fee must be submitted for approval at least fifteen (15) days prior to the applicant offering for sale farm and food products at a farmers market.

4.5. Only applications that are complete will be considered. In order to be considered complete, an application must include:

4.5.a. All of the information requested by the application;

4.5.b. The applicable permit fee; and

4.5.c. The signature of the applicant or his or her authorized representative.

4.6. The applicant may submit such additional documents or information as the applicant may consider relevant to the application and compliance with the provisions of this rule series.

4.7. In the event that an application is determined to be incomplete, the health officer will notify the applicant of the information necessary to complete the application within 10 days of his or her receipt of the application, and retain the application submitted pending receipt of the additional information.

4.8.Fees. The annual permit fee for applicants who intend to sell farm and food products:

4.8.a. At a farmers market(s) within the jurisdiction of one local health department is $15.00.

4.8.b. At fanners markets within the jurisdiction of more than one local health department is $25.00.

4.9.Permit Issuance. The health officer will issue a permit to an applicant who intends to offer for sale farm and food products at a farmers market in all instances where a retail food establishment permit would be required, notwithstanding any other provisions of code or rule that require a food establishment permit or any other permit from a local health department.

4.9.a. The vendor must post the uniform farmers market vendor permit in a conspicuous place and must make the permit available to a health officer upon request.

4.9.b A permit expires at midnight on the 31 st day of December following the date of issuance.

4.9.c. A permit is not transferable or assignable and automatically become invalid upon a change of ownership or upon suspension of the permit.

4.10. The health officer approving an application for a uniform farmers market vendor permit will notify all other health departments in the jurisdictions listed on the application.

4.11. Any changes in the types of farm and food products the vendor intends to offer for sale at a farmers market or the jurisdictions in which the vendor intends to operate, must be submitted to the health officer for prior approval.

4.12. A permit is subject to unannounced on-site periodic review by a health officer or his or her designee.

W. Va. Code R. § 64-102-4