West Virginia Code § 19-37-2

State-funded institutions to purchase food from in-state sources;
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exception.
(a) Beginning July 1, 2019, each state-funded institution, including, but not limited to,
schools, colleges, correctional facilities, governmental agencies, and state parks, shall obtain
a minimum of five percent of its food from in-state producers.
(b) To satisfy this requirement, state-funded institutions may purchase, either directly or
indirectly fresh produce, meat and poultry products, milk and other dairy products, and
other foods grown, produced, or processed by in-state producers.
(c) The commissioner shall establish by legislative rules the criteria for a food or food
product to satisfy the requirements of this section, and may further identify food and food
products that are eligible to be considered for in-state food credit.
(d) The commissioner shall further establish the criteria for determining when exceptions or
exemptions should be granted to state institutions,l including, but not limited to, situations in
which the desired food, such as produce, meast and poultry products, milk and other dairy
products, cannot be grown or is not available from in-state producers.
(e) The state-funded institution shall ensure that all contracts for the purchase of food, or
that include the purchase of food as a component of the contract, contain provisions to
ensure that the institution complies with the provisions of this article and any legislative rule
promulgated pursuant thereto.

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