W. Va. Code R. § 61-38-6

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 61-38-6 - Permitted and Prohibited Foods at Farmers Markets

6.1. All non-potentially hazardous farm and food products may be sold at farmers markets without a farmers market vendor permit. These include, but are not limited to:

6.1.a. Breads;

6.1.b. Cakes;

6.1.c. Candies;

6.1.d. Honey;

6.1.e. Tree syrup;

6.1.f. Apple butter;

6.1.g. Molasses;

6.1.h. Standardized, nondietary jams and jellies;

6.1.i. Dehydrated fruits and vegetables;

6.1.j. Whole uncut produce. Any vendor selling fresh uncut produce in West Virginia at a farmers market must complete a Produce Affidavit form, prepared by the Commissioner, annually and submit to the Department: Provided, That this requirement shall no longer have any force or effect if the Department no longer receives funding from the Federal Food and Drug Administration (FDA) to enforce the Food Safety Modernization Act (FSMA);

6.1.k. Commercially harvested mushrooms on the approved species list found in the West Virginia Farmers Market Vendor Guide;

6.1.l. Canned, whole, or chopped tomatoes;

6.1.m. Tomato sauce; and

6.1.n. Tomato juice having a finished equilibrium of pH 4.6 or below; and

6.1.o. Other non-potentially hazardous foods, as specified in the West Virginia Farmers Market Vendor Guide.

6.2. The following potentially hazardous farm and food products may be sold at farmers markets if a vendor permit has been obtained:

6.2.a. Canned acidified foods, including but not limited to:

6.2.a.1. Pickled products;

6.2.a.2. Sauces, such as hot sauce, marinara, or spaghetti sauce;

6.2.a.3. Salsas;

6.2.a.4. Fermented products;

6.2.a.5. Acidified fruits and vegetables;

6.2.a.6. Acidified condiments; and

6.2.a.7. Non-standardized jams and jellies;

6.2.b. Meat;

6.2.c. Poultry;

6.2.d. Fish;

6.2.e. Milk and dairy products, including cheese;

6.2.f. Cut produce;

6.2.g. All farm and food products that are required to be time- or temperature-controlled or employ other protocols for safety to limit pathogenic microorganism growth or toxin formation; and

6.2.h. Any potentially hazardous freeze-dried foods.

6.3. Eggs may be sold at farmers markets without obtaining either a vendor permit or a food establishment permit, provided that the seller holds a Small Egg Producer Permit issued by the Department.

6.4. The following foods are not permitted to be sold at a farmers market:

6.4.a. Wild-harvested mushrooms; and

6.4.b. Sprouted seeds.

W. Va. Code R. § 61-38-6