W. Va. Code R. § 61-38-11

Current through Register Vol. XLI, No. 35, August 30, 2024

Section 61-38-11 - Inspections of Potentially Hazardous Food Kitchens

11.1. Kitchen inspections for farm and food products that require a farmers market vendor permit shall be conducted by a WVDA representative upon the initial application and after renewal of the annual application. Non-compliance violations may result in additional inspections.

11.2. Potentially hazardous food vendors will be charged $27 per hour, excluding travel hours, for inspections, which will be billed directly to the potentially hazardous food vendor.

11.2.a. Inspection costs will be assessed for both the annual inspection, as well as any follow up inspections after a violation has occurred.

11.3. During a kitchen inspection, the Department WVDA will minimally inspect to ensure the following:

11.3.a. That only the specific foods identified on the farmers market vendor permit are being produced in the kitchen during the time of production of those foods;

11.3.b. That the permitted food operation understands that no person other than the vendor permit holder, or a person under his or her direct supervision, may be engaged in the processing, preparing, packaging, or handling of any potentially hazardous food products or be in the home kitchen during the preparation, packaging, or handling of any potentially hazardous food products;

11.3.c. That no preparation, packaging, or handling of potentially hazardous food products is occurring in the home kitchen concurrent with any other domestic activities, such as home meal preparation, dishwashing, clothes washing or ironing, kitchen cleaning, or guest entertainment. Preparation activities and routine home activities must be clearly separated by time;

11.3.d. That no infants, small children, or pets are in the home kitchen during the preparation, packaging, or handling of any potentially hazardous food products:

11.3.e. That kitchen equipment and utensils being used to produce food products, can be properly cleaned and sanitized;

11.3.f. That all food contact surfaces, equipment, and utensils used for the preparation, packaging, or handling of any potentially hazardous food products are washed, rinsed, and sanitized before each use;

11.3.g. That all food, food preparation, equipment, and storage areas are free of rodents and insects;

11.3.h. That no persons involved in the preparation and packaging of potentially hazardous food products:

11.3.h.1. Are working with exposed food, cleaning equipment, utensils, and linens; or working with unwrapped single-service or single-use articles while experiencing the following symptoms:

11.3.h.1.1. Vomiting;

11.3.h.1.2. Diarrhea;

11.3.h.1.3. Jaundice; or

11.3.h.1.4. Sore throat with fever;

11.2.h.2. Has a lesion containing pus, such as a boil or infected wound, that is open or draining and is:

11.2.h.2.1. On the hands or wrists, unless an impermeable cover such as single-use gloves protect the lesion;

11.2.h.2.2. On exposed portions of the arms, unless the lesion is protected by an impermeable cover: or

11.2.h.2.3. On other parts of the body, unless the lesion is covered by a dry, durable, tight-fitting bandage; or

11.2.h.3. Has symptoms of any of the following illnesses as diagnosed by a health practitioner:

11.2.h.3.1.Norovirus;

11.2.h.3.2.Hepatitis A;

11.2.h.3.3.Shiqella spp;

11.2.h.3.4. Shiga toxin producing E. coli; or

11.2.h.3.5.Salmonella.

W. Va. Code R. § 61-38-11