SB27 SUB2 Senate Bill 27 History

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WEST virginia legislature

2017 regular session

Committee Substitute


Committee Substitute


Senate Bill 27

By Senators Karnes, Trump, Rucker and Sypolt

[Originating in the Committee on Health and Human Resources; reported on  March 17, 2017]



A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-35-5, relating to microprocessor permit; establishing permit requirements and limitations; clarifying types of microprocessor kitchens; requiring percentage of produce from garden or farm of microprocessor; requiring recordkeeping and labeling; clarifying foods requiring permit and exempted foods; setting forth permit inspections and fees; allowing suspensions and recalls; limiting sales; and providing prohibitions.

Be it enacted by the Legislature of West Virginia:

That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §19-35-5, to read as follows:


§19-35-5. Microprocessor permit.

(a) Notwithstanding any provision of chapter sixteen of this code or any rules promulgated pursuant to that chapter to the contrary, a farmers market vendor may apply for a microprocessor permit to sell certain foods at a farmers market. A home, farm, community or commercial kitchen may be used by a microprocessor.  The microprocessor permit is required in addition to the farmers market vendor permit.

(b) A microprocessor must source seventy percent of all produce for its products from his or her farm or garden. The microprocessor is required to keep production and food source records.  The food shall be labeled in compliance with the West Virginia Department of Agriculture labeling standards and provide information about its content and sources. The label shall include the words “MADE IN A WV ______ KITCHEN” in capital, bold, 10-point type or larger, with the blank space to state whether the product was made in a home, farm, community or commercial kitchen.

(c) A microprocessor permit is required to sell:

(1) Canned acidified foods, such as pickled products, sauces and salsas. Acidified foods are low-acid foods to which acid or acid foods are added with a water activity of greater than .085 and a finished equilibrium of pH 4.6 or below; and

(2) Frozen fruits and vegetables, which are not permitted to be vacuum-sealed.

(d) Nonpotentially hazardous foods, and those already exempted, do not require a microprocessor permit but require registration with the local health department. These include, but are not limited to:

(1)  Breads, cakes and candies;

(2) Honey, maple syrup, apple butter and molasses;

(3) Standardized nondietary jams and jellies;

(4) Fermented products;

(5) Whole or chopped tomatoes, tomato sauce and tomato juice having a finished equilibrium of pH 4.6 or below;

(6) Exempted condiments; and

(7) Dehydrated fruits and vegetables.

(e) To qualify for a microprocessor permit, the applicant must:

(1) Successfully complete a microprocessor workshop offered by West Virginia extension services and approved by the West Virginia Department of Agriculture;

(2) Pass an annual permit inspection conducted by the local health department at the microprocessor’s kitchen.  The local health department shall conduct at least one operational inspection during the processing season at the microprocessor’s kitchen when warranted.  The local health department has the right to suspend operations or recall products for disease outbreaks, or violations of rules or regulations.  Any inspection by a local health department shall be in compliance with rules promulgated by the West Virginia Department of Health and Human Resources pursuant to section four of this article;

(3) Possess a valid food handler’s permit from the local health department, if required;

(4) Use a USDA pre-approved recipe or have the recipe tested in accordance with the procedures established by the West Virginia Department of Health and Human Resources; and

(5) Pay an annual permit fee of $50 to the local health department issuing the microprocessor permit and any additional fees assessed by the local health department to cover costs for inspections.

 (f) Online farmers market sales shall be delivered in person and are not permitted to be shipped.

(g) Microprocessors shall not sell more than one thousand five hundred units per year in the aggregate.

(h)  The following prohibitions shall apply to persons microprocessing food for sale at a farmers market pursuant to a permit granted by the provisions of this section: 

(1)  No animals, including pets, may be in the dwelling unless caged at all times;

(2)  No animals, including pets, are permitted in the microprocessor’s kitchen at any time during production, preparation, processing or packing; 

(3)  No animals may have access to, or come into contact with, stored food items, equipment used in preparation of food items and food being assembled for distribution;

(4)  No domestic activities related to running the home or to family relations are permitted in the microprocessor’s kitchen at any time during processing, preparing, packaging or handling food intended for sale; and

(5)  Smoking is not permitted in any portion of the microprocessor’s home which is used for preparation, packaging, storage or handling of food and related ingredients or equipment while food is being prepared, packaged, stored or handled.


NOTE: The purpose of this bill is to permit certain microprocessed foods to be sold at farmers markets. The bill establishes permit requirements and limitations, inspection standards and permits fees.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.


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