W. Va. Code § 19-35-3
Farmers markets.
(a) All farmers markets operating within the state shall register with the department. Farmers markets shall register on a form prepared by the department and provide information to the department regarding:
- (1) The type of farmers market;
- (2) The location, dates, and hours of operation;
- (3) The farmers markets’ vendors; and
- (4) Any other information required by the department.
- (b) Upon submission of all required items, each farmers market shall be issued a Farmers Market Registration. Each farmers market shall display its registration in a conspicuous manner.
- (c) Except for consignment farmers markets, which are required to apply for and obtain a food establishment permit from a local health department, no other type of farmers market is required to apply for and obtain a food establishment permit from a local health department.
- (d) The department may establish regulations permitting the sampling of certain farm and food products at farmers markets by vendors.
- (e) The department may establish penalties for violation of this section by legislative rule, pursuant to the provisions of §29A-3-1 et seq. of this code.