W. Va. Code R. § 61-38-5

Current through Register Vol. XLI, No. 35, August 30, 2024
Section 61-38-5 - Requirements for Specific Farmers Market Types
5.1. A consignment farmers market is required to register as a farmers market pursuant to section 4 of this rule.
5.1.a. A consignment farmers market must obtain a food establishment permit from the appropriate local health department.
5.1.b. If the Department determines that a registrant qualifies as a consignment farmers market, it shall require the registrant to provide a copy of a valid food establishment permit before accepting its registration.
5.2. If an entity is applying as a farmers market at a fair or festival, the following apply:
5.2.a. The farmers market registration must be received by the Department before the start of the fair or festival.
5.2.b. The entity must also be registered with the fair or festival. A farmers market registration does not replace the need to register with the fair or festival.
5.3. If an entity wishes to register as a farmers market but does not qualify as one of the pre-defined categories of farmers markets detailed in section 3.9.a through 3.9.f of this rule, the applicant shall submit additional information with its application to help the Commissioner determine why the entity should be considered a farmers market. Upon receipt of the information, the Commissioner shall review and make a determination. If the Commissioner determines that the entity should properly be considered a farmers market, a registration shall be issued by the Department.

W. Va. Code R. § 61-38-5