Current through Register Vol. XLI, No. 50, December 13, 2024
Section 61-38-8 - Requirements for the sale of Potentially Hazardous Foods at Farmers Markets8.1. A producer of canned acidified foods, as defined in section 6.2.a of this rule, must satisfy the following requirements: 8.1.a. The producer must have the process for preparing and preserving the products approved by a process control authority recognized by WVDA prior to selling the products, and must be obtained in a manner approved by the WVDA, as provided in the West Virginia Farmers Market Vendor Guide.8.1.b. The producer must keep records to demonstrate the source of the_produce in the producer's canned acidified foods. Recordkeeping shall include, but not be limited to: 8.1.b.1. Name of product;8.1.b.2. Number of units prepared;8.1.b.3. Record of raw ingredients used and vendor from which ingredients were sourced;8.1.b.4. Date/Lot code; and8.1.b.5. Where product/lot was distributed.8.1.c. If the producer has a private water supply, he or she must have the supply tested prior to permitting and at least annually thereafter and demonstrate through a written record of testing for coliform bacteria to signify that the water supply is potable. The WVDA may require more frequent testing, or additional testing, if circumstances dictate that such testing is necessary to ensure food safety.8.1.c.1. Maximum coliform levels shall be <1cfu/100mL.8.1.c.2. For municipal water sources, a certificate of testing must be available for review and the person utilizing the kitchen for preparation of potentially hazardous foods should verify use during potentially hazardous food production if more than one water source is present.8.1.c.3. WVDA may establish additional water quality standards in order to meet state water quality guidelines.8.1.d. The producer must submit proof of or having completed Better Process Control School or other higher-level food safety training, as defined in section 8.6 of this rule.8.2. A seller of meat, poultry, or fish must obtain a vendor permit from the Department. To be eligible for a vendor permit, the seller must comply with all registration, licensure, and permitting requirements for the sale of meat, poultry, or fish that have been established by the Department.8.3. A seller of milk and dairy products must obtain a vendor permit from the Department. 8.3.a. To be eligible for a vendor permit to sell milk and dairy products, the seller must comply with all registration, licensure, and permitting requirements for the sale of milk and dairy products that have been established by the Department.8.3.b. If the seller is applying for a permit to sell cheese or cheese products, he or she must hold either a Food Manufacturing Permit issued by the Department of Health and Human Resources Bureau for Public Health, or qualify for the exemption set forth in W. Va. Code § 19-11D-1et seq.8.4. A seller of the following potentially hazardous foods must obtain a vendor permit from the Department. To be eligible for a vendor permit, the applicant must submit proof of holding a Food Handler's Card or having completed other higher-level safety training, as defined in section 8.6 of this rule: 8.4.b. Baked goods that require time and temperature control;8.4.c. Infused foods, such as honeys or syrups that have additional flavors or ingredients added;8.4.e. All other potentially hazardous foods.8.5. A seller of potentially hazardous foods prepared in a facility that is inspected or certified by the Federal Food and Drug Administration (FDA), USDA, WVDHHR or local health departments that has been issued a Food Manufacturing Permit from the Department of Health and Human Resources, Bureau for Public Health, must obtain a vendor permit from the Department to sell at a farmers market. To be eligible for a vendor permit, the applicant must submit proof of inspection or certification by FDA or USDA or a copy of the Food Manufacturing Permit with his or her vendor permit application. For vendors obtaining a vendor permit via this subsection, the vendor permit fee is waived.8.6. Persons engaged in production of potentially hazardous foods identified in sections 8.1 and 8.4 of this rule for sale at farmers markets shall attend and keep current one or more of the following and provide documentation of successful completion of the scope of curriculum from a WVDA-approved food-safety course: 8.6.a. ServSafe Food Handler Course offered by the National Restaurant Association;8.6.b. Better Process Control School;8.6.c. Acidified Foods Manufacturing School;8.6.d. Good manufacturing practices (GMP) certificate program; or8.6.e. Other curriculum approved by the WVDA.8.7. A home, community, farm, or commercial kitchen may be used by a potentially hazardous foods vendor. The WVDA reserves the right to limit the preparation and preservation of a particular potentially hazardous food to a certain type of kitchen to ensure food safety.8.8. A seller of hemp products that are required to be registered pursuant to 61 C.S.R. 30 may, in lieu of registering his or her selling location at each farmers market, obtain a vendor permit to sell those products at farmers markets.8.8.a. To qualify for a vendor permit, the seller must provide a copy of his or her hemp license or product registrations for the products he or she will sell at farmers markets.8.8.b. Obtaining a vendor permit to sell hemp products at farmers markets does not relieve a seller of the requirement to register hemp products with the Department or the requirement to register other selling locations with the Department pursuant to 61 C.S.R. 30.8.9. The Commissioner may enter into agreements with other States to certify and permit out-of-state vendors to sell at farmers markets.