W. Va. Code § 19-40-2
Potentially hazardous cottage food vendor permits.
- (a) Except as provided in subsection (d) of this section, a person wanting to sell potentially hazardous cottage food shall apply for a potentially hazardous cottage food vendor permit from the department.
- (b) A potentially hazardous cottage food vendor permit, once issued, is valid in all counties in this state. A cottage food produced pursuant to this article shall be sold only within the geographic boundaries of the State of West Virginia.
- (c) Notwithstanding any other provisions of code or rule to the contrary, a potentially hazardous cottage food vendor permittee is not required to obtain a food establishment permit to sell from home.
(d) The following are exempt from obtaining a potentially hazardous cottage food vendor permit:
- (1) A person selling fresh, uncut produce;
- (2) A person selling nonpotentially hazardous foods; and
- (3) A person selling other farm and food products that are identified by the department.
- (e) The department shall establish the conditions and procedures for issuance of a potentially hazardous cottage food vendor permit. As a condition of obtaining a potentially hazardous cottage food vendor permit, a person may be required to satisfy additional requirements, including, but not limited to, submitting to inspections, and obtaining and maintaining certain additional licenses or certifications, as provided by legislative rule.
- (f) A potentially hazardous food vendor permittee when acting under this article is not required to obtain a farmer’s market vendor permit as required by §19-35-3(a).