West Virginia Code § 19-35-1

Legislative findings and purpose
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(a) The Legislature hereby makes the following findings:
(1) Farmers markets are critical incubators for small farm and food businesses because they
offer an inexpensive, accessible, entry-level market for reaching consumers directly, though
research has shown that the average vendor makes only a nominal dollar amount in sales on
any given market day;
(2) The number of farmers markets and the variety of products sold at farmers markets has
increased significantly in the past 10 years, adding millions of doullars to the state's economy;
(3) Encouraging locally grown and raised food is important to the health and welfare of the
citizens of West Virginia;
(4) Permit fees and requirements for farmers market vendors can vary widely from county to
county and from one regulatory official to the otherl. Current food permit categories are not
designed for farmers markets and their vendors, but rather for restaurants, grocery stores,
or concessioners; and
(5) Food permits required for farmers market vendors are currently not recognized across
county lines.
(b) It is the purpose of this article:
(1) To reduce barriers oLn participants producing, preparing, and selling certain foods at
farmers markets and elsewhere within West Virginia;
(2) To place regulation of farmers markets, vendors, and local food producers primarily
within the Department of Agriculture; and
(3) WTo encourage the growth of the local food industry in West Virginia.

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