Food Sanitation
Food Service and Retail Food Establishments
The Food Establishments Rule, 64 CSR 17, was revised with an effective date of April 1, 2023 . The new Rule adopts the 2013 FDA model Food Code by reference.
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 1, 2023 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) 2013 Model Food Code.
To download or obtain the full text of the FDA's 2013 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 2013 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.
Food Safety Links (including approved On-line Food Handler Courses)
Food Sanitation Forms
- Food Service Establishment Regulations (link to WV Sec of State site for Rule download)
- SF-4: Guidelines for Operating a Temporary Food Service Concession (booklet layout)
- SF-5: Application for Permit to Operate a Food Service Establishment
- SF-5: Application for Permit to Operate a Food Service Establishment (MS Word Fill-In)
- SF-5A: Application for a Permit to Operate a Food Service Establishment in a State Facility
- SF-5B Application for Permit to Operate a Temporary Food Service Establishment
- SF-7E: Inspection Guide - 2013 Food Code
- Form 1-A: Applicant and Food Employee Interview
- Form 1-B: Food Employee Reporting Agreement
- Form 1-C: Applicant and Food Employee Medical Referral
- SF-35: Plan Review Information Report for Food Service Establishments (new or remodeled)
- SF-35 Addendum: Information Packet
Mobile Food Establishments
In-State Mobile Food EstablishmentsHB 5017 - Establishes a Statewide Mobile Food Establishment Permit for In-State WV Vendors ONLY - Effective June 5, 2024
All Mobile Food Establishments must comply with 64 CSR 17 - 2013 FDA Food Code (adopted by reference) - Chart 4-D FDA Food Code Mobile Food Establishment Matrix
Environmental Health Procedure: F-15 Guidance for Statewide Mobile Food Establishment Permits, Out-of-state vendor Mobile Food Establishment permits, and the FDA Food Code Matrix for requirements for Mobile Food Establishments may provide additional information.
All Mobile Food Establishments must comply with the WV State Fire Marshal requirements. Office of the State Fire Marshal
Out-of State Mobile Food Establishments
An operational permit must be obtained from the each local health department.
Consumer Complaints
To report a complaint related to a food product you can use the link below and complete the information.FDA Smarthub
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.
Plan Review and Permit Fees
The West Virginia Bureau for Public Health requires all Food Manufacturing Facilities to apply for and obtain a permit to operate.
The plan review and permit fee for new food manufacturing facilities is $135 (plan review:$100 permit: $35).
The plan review fee for existing facilities that are remodeled or that relocate is based on their facility size:
Size 1-4: $100
Size 5-8: $200
Size 9-12: $300
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 | $7,500.00 | 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
- Daily Processing Record for Acidified Foods
- SF-42 Food Manufacturing Applicant Process
- SF-42a Acidified Food Manufacturing Applicant Process
- SF-45 Food Manufacturer Plan Review
- SF-45 Addendum
- 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.
Submit a Consumer Report of a Food Product to the FDA: FDA Consumer Reporting Information
Consumer Reporting Hotline for products purchased in West Virginia - 410-779-5713.
Food Protection Task Force
What is a Food Protection Task Force (FPTF) and what is its purpose?
FPTFs consist of regulatory, industry, academia, and consumer groups. These FPTFs create an effective nationwide infrastructure for enhancing outreach, response, integration and information sharing in state, local, and tribal governments.
Changes in consumer dietary patterns, industry practices, and the U.S. population, combined with an increasingly globalized food supply chain and the emergence of new pathogens and other contaminants pose challenges that require us to continually update our current food protection strategies. Groups like the FPTF will continue to be a critical and effective tool in national efforts to protect public health.
More information about Food Protection Task Force can be found at: FDA Food Protection Task Force
Contact: Office of Environmental Health Services - Food Program for more information: oehsphsfoodprogram@wv.gov or 304-558-2981
Food Protection Task Force Members
Member |
Affiliation |
| Dan McNeil- Facilitator | WVDH-BPH-Office of Environmental Health Services |
| Sean Cross | Cracker Barrell |
| Corey Facemire | Facemire Foods |
| Dominque Holl | Holls Chocolates |
| Stacey Kasun | Uncle Bunks |
| Raj Maheshwari | Pure Gee |
| Dan Tew | Yum Brands (KFC, Pizza Hut, Taco Bell, Wings Street and others) |
| Kevin Morgan | Sheets |
| Alana Hudson | WV State Board of Education |
| Brett Kenney | West Virginia University - College of Food and Agriculture |
| Martin Guardia | FDA - HAV2-East |
| Bill Murray | FDA - HAV2-East |
| Jon Tran | FDA - Central Region |
| Lauren Bates | WVDH-BPH-Office of Laboratory Services |
| Lindsay Barr | WVDH-BPH-Office of Laboratory Services |
| Cassey Bowden | WV Department of Agriculture |
| Chad Linton | WV Department of Agriculture |
| Roy McCallister | WV Department of Agriculture |
| Amie Minor | WV Department of Agriculture |
| Carolyne Baker | NORTHERN - Hancock County Health Department |
| Jennifer Costolo-Michael | PACT - Monongalia County Health Department |
| Amy Edwards | EASTERN - Berkeley County Health Department |
| William Garrett | SPHERE - Buckhannon-Upshur Health Department |
| Vacant | BUNDLE - |
| Nicole Needs | Mid-Ohio Valley Health Department |
| Sarah Woody | ROC - Greenbrier County Health Department |
Next Food Safety and Defense Task Force Meeting: Fall 2024 at RETI Training Center Sutton, WV.
Meetings are open to the public.
Food Safety Task Force Meeting Minutes:
March 13-14, 2024 Meeting Minutes
West Virginia Foodborne and Feed borne Illness Rapid Response Team(WVRRT)
"The U.S. Food and Drug Administration (FDA) Rapid Response Teams (RRTs) Program is an FDA initiative that partners with state programs to build food safety infrastructure and a concept of integrated rapid response for all-hazards human and animal food emergencies."
What are the Rapid Response Teams (RRTs)?
RRTs are multi-agency, multi-disciplinary teams that operate using Incident Command System (ICS)/National Incident Management System (NIMS) principles and a Unified Command structure to respond to human and animal food emergencies.
More information about RRTs can be found at: FDA Rapid Response Teams
Contact: Anna Coleman for more information: oehsphsfoodprogram@wv.gov or 304-558-2981
WV Rapid Response Team Members
Member |
Affiliation |
| Anna Coleman- Rapid Response Team Coordinator | WVDH-BPH-Office of Environmental Health Services |
| James Casdorph | WVDH-BPH-Office of Environmental Health Services |
| Bin Schmitz | WVDH-BPH-Office of Environmental Health Services |
| Scott Lucas | WVDH-BPH-Office of Environmental Health Services |
| Katherine Guinther | WVDH-BPH-Office of Epidemiology and Prevention Services |
| Josh Arbaugh | WV Department of Agriculture |
| Chad Linton | WV Department of Agriculture |
| Roy McCallister | WV Department of Agriculture |
| Valeria Moore | FDA - HAV2-East |
| Jonathan Tran | FDA Central Region |
| William Murray | FDA - HAV2-East |
Rapid Response Team Face to Face Conference Posters:
FAQs
How do I report a food borne illness?
- Contact your local health department. Link to WV Local Health Departments
How do I report an issue with a food I purchased?
- Submit a Consumer Report of a Food Product to the FDA: FDA Consumer Reporting Information
Consumer Reporting Hotline for products purchased in West Virginia - 410-779-5713.