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Food Sanitation      

 

     Food Safety and Defense Task Force :

Contact: Wayne Powell for more information:  wayne.p.powell@wv.gov  or 304-558-2981

  

     Food Manufacturers

Food Manufacturing Facility Rule. 

The rule may be seen in its entirety on the WV Secretary of State Webpage.  64CSR43 Food Manufacturing Facilities Rule

A Food Manufacturing Facility is defined as:  Any person that manufactures, processes, or packs food for human consumption. This term does not include: farms, facilities regulated by Legislative Rule 64CSR17 "Food Establishments" and facilities under the regulatory authority of the West Virginia Department of Agriculture.

The Public Health Sanitation Division of the Bureau for Public Health is responsible for the inspection and approval of food manufacturers in West Virginia.  To obtain information on this program, contact our office at 304-558-2981. 

The West Virginia Bureau for Public Health requires all Food Manufacturing Facilities to apply for and obtain a permit to operate.  

Permits are required by July 1 of each year with an expiration date of the following June 30th.

There is a fee attached to the permit which is based on gross sale of product.  The fee schedule is as follows and is found on the WV Secretary of State Webpage: 64CSR51 Fees for Service Rule amended 2013 Legislative Session. 

Facility Size (measured in Gross Sales) 

   

Size

Gross Sales

Fee

1

$0.00

to

$7,499.00

$35.00

2

$7,5000.00

to

$14,999.00

$70.00

3

$15,000.00

to

$24,999.00

$100.00

4

$25,000.00

to

$49,999.00

$200.00

5

$50,000.00

to

$99,999.00

$300.00

6

$100,000.00

to

$499,999.00

$400.00

7

$500,000.00

to

$999,999.00

$500.00

8

$1,000,000.00

to

$4,999,999.00

$600.00

9

$5,000,000.00

to

$9,999,999.00

$700.00

10

$10,000,000.00

to

$24,999,999.00

$800.00

11

$25,000,000.00

to

$49,999,999.00

$900.00

12

Greater

than

$50,000,000.00

$1,000.00

         

Food Manufacturer Forms

Please Note:   Food Manufacturer Owner/ Operators  if you are applying pesticides in your facility yourself, then the West Virginia Dept. of Agriculture, Pesticide Applicator Licensing Division requires all Food Manufacturing Facilities to have  at least 1 certified Pest Applicator per business.  The test is available in various locations around the state. Please call WV Dept. of Ag for more information at 304-558-2209.  This applies to any business that would use any type of pesticide including product bought at a department store. 

   To Report a Problem to the FDA:  FDA Consumer Reporting Information 

  • Consumer Reporting Hotline for products purchased in West Virginia -  410-779-5713.

 

Food Service and Retail Food Establishments

The Food Establishments Rule, 64 CSR 17, was revised with an effective date of April 2, 2008.  The new Rule adopts the 2005 FDA model Food Code.  The new Rule replaces the former Rule dated July 1, 2000.

Permitting and inspecting Food Service Establishments in West Virginia is the responsibility of the Local Health Departments.  All inquires regarding application for a permit, request for an inspection, or filing a complaint should be made to your local health department.

West Virginia's Food Establishment Rule, effective April 2, 2008, governs retail food establishments such as restaurants, retail food stores, school lunch programs, temporary food stands, mobile food units, and food vending machines. 

The rule incorporates, by reference, the majority of the U.S. Food and Drug Administration's (FDA) 2005 Model Food Code.
To download or obtain the full text of the FDA's 2005 Food Code, go to the FDA's Food Code page. 

To obtain a copy of West Virginia's Food Establishment Rule:
note - this document is not the Food Code, it lists the changes made to the FDA 2005 Food Code when adopted in West Virginia:

1.  Follow this link to the West Virginia Secretary of State's website,
2.  Scroll to the bottom of the page,
3.  Click on either WordPerfect or MS Word format to download.

In the Forms section below, the SF-7 series are guides to the 2005 Food Code that outline the major requirements of the code.

Food safety/public health information website in multiple languages.  Integrated Food Safety Information Delivery System (IFSIDS) web site.

Click here for:  Food Safety Links (including approved On-line Food Handler Courses)

Food Sanitation Forms

Food Guidance Documents

Page Updated: 06/22/2018