West Virginia § 19-35-3a Farmers Market Vendor Permits

West Virginia Statutes

§ 19-35-3a — Farmers Market Vendor Permits

West Virginia § 19-35-3a

Ch. 19AGRICULTURE

Art. 35FARMERS MARKETS

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Bluebook

W. Va. Code § 19-35-3a (2026).

Text

(a)Except as provided in subsection (d) of this section, all vendors at a farmers market selling farm and food products shall apply for a farmers market vendor permit from the department.

(b)The farmers market vendor permit, once issued, is valid in all counties in this state.

(c)Notwithstanding any other provisions of code or rule to the contrary, a vendor is not required to obtain a food establishment permit to sell at a farmers market.

(d)The following vendors are exempt from obtaining a farmers market vendor permit:

(1)Vendors selling fresh, uncut produce;

(2)Vendors selling nonpotentially hazardous foods; and

(3)Vendors selling other farm and food products that are identified by the department.

(e)The department shall establish the conditions and procedures for issuance

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(a) Except as provided in subsection (d) of this section, all vendors at a farmers market selling farm and food products shall apply for a farmers market vendor permit from the department.

(b) The farmers market vendor permit, once issued, is valid in all counties in this state.

(c) Notwithstanding any other provisions of code or rule to the contrary, a vendor is not required to obtain a food establishment permit to sell at a farmers market.

(d) The following vendors are exempt from obtaining a farmers market vendor permit:

(1) Vendors selling fresh, uncut produce;

(2) Vendors selling nonpotentially hazardous foods; and

(3) Vendors selling other farm and food products that are identified by the department.

(e) The department shall establish the conditions and procedures for issuance of farmers market vendor permits. As a condition of obtaining a farmers market vendor permit, a vendor may be required to satisfy additional requirements, including but not limited to, submitting to inspections, and obtaining and maintaining certain additional licenses or certifications.

(f) All farmers market vendor permits shall be displayed in a conspicuous manner.

(g) The department may establish penalties for violation of this section by legislative rule, pursuant to the provisions of §29A-3-1et seq. of this code.