Food Safety

Food Sanitation

Food Service and Retail Food Establishments

The Food Establishments Rule, 64 CSR 17, was revised with an effective date of July 1, 2019. The new Rule adopts the 2013 FDA model Food Code. The new Rule replaces the former Rule dated April 2, 2008.

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 July 1, 2019 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 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 $75,000.00 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.

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
Vacant - Facilitator WVDHHR-BPH-Office of Environmental Health Services
Jennifer Hutson - Chairman WVDHHR-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 WVDHHR-BPH-Office of Laboratory Services
Lindsay Barr WVDHHR-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 Hancock County Health Department
Jennifer Costolo-Michael Monongalia County Health Department
Amy Edwards Berkeley County Health Department
William Garrett Buckhannon-Upshur Health Department 
Cynthia Kassic Kanawha-Charleston Health Department
Nichole Needs Mid-Ohio Valley Health Department
Sara Woody Greenbrier County Health Department

 

Next Food Safety and Defense Task Force Meeting: 

 

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 food1 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: Emilee Melchior for more information: oehsphsfoodprogram@wv.gov or 304-558-2981 

WV Rapid Response Team Members

Member

Affiliation
Vacant - Rapid Response Team Coordinator WVDHHR-BPH-Office of Environmental Health Services
Jennifer Hutson WVDHHR-BPH-Office of Environmental Health Services
James Casdorph WVDHHR-BPH-Office of Environmental Health Services
Bin Schmitz WVDHHR-BPH-Office of Environmental Health Services
Lee Orr WVDHHR-BPH-Office of Environmental Health Services
Katherine Guinther WVDHHR-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
Jonthan Tran FDA Central Region
William Murray FDA - HAV2-East

 

Rapid Response Team Face to Face Conference Posters:

2021

2022

 

FAQs

How do I report a food borne illness?

How do I report an issue with a food I purchased?

 

Food Guidance Documents