West Virginia Code § 19-35-5

Potentially hazardous foods
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(a) Notwithstanding any provision of §16-1-1 et seq. of this code or any rules or regulations
to the contrary, the department shall regulate potentially hazardous foods sold at farmers
markets.
(b) A vendor of potentially hazardous foods shall apply for and obtain a farmers market
vendor permit as required by §19-35-3a of this code.
(c) A home, farm, community, or commercial kitchen may be used by a potentially hazardous
foods vendor, as determined by the department. u
(d) The department shall establish by legislative rule the requirements for obtaining a
vendor permit for potentially hazardous foods, including acidified foods, and other
categories identified and defined by the department. a
(e) All potentially hazardous foods sold at farmers mlarkets shall be labeled in compliance
with the department's labeling standards and provide information about its content and
sources.

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