S AGR SCR ORG1 2-18

SENATE CONCURRENT RESOLUTION NO. 42

(By Senators Miller, Williams, Laird, Cookman, Beach, Tucker, Sypolt and Nohe)

[Originating in the Committee on Agriculture and Rural Development]

Requesting the Joint Committee on Government and Finance conduct a study of topics related to permit requirements for farmers market vendors, including the suitability of the permits, licenses and certifications required to vend at a farmers market, as well as the appropriateness of the fees scale for the permits and their transferability across county lines.

    Whereas, The Legislature recognizes a rising and existing consumer-driven market interested in purchasing locally grown food, which keeps food dollars circulating in the state’s economy; and

    Whereas, Farmers markets are critical incubators for small farm and food businesses because they offer an accessible, entry-level market for reaching consumers directly; and

    Whereas, The number of farmers markets and the variety of products sold at farmers markets in West Virginia has increased significantly in the past ten years; and

    Whereas, One study by the West Virginia Farmers Market Association found that the state’s roughly ninety farmers markets contributed over $4 million to the state’s economy in just a six-month period, from July to December, 2012; and

    Whereas, One study by the West Virginia Food and Farm Coalition finds that increasing West Virginia farm production to meet the state’s in-season demand for fresh fruit and vegetables would create over one thousand seven hundred jobs and add over $120 million to the state’s economy; and

    Whereas, A 2013 study by the West Virginia Food and Farm Coalition and the West Virginia Farmers Market Association finds that permit fees and requirements for farmers market vendors can vary widely from county to county, and sometimes from one regulatory official to the other. A survey conducted as part of this study found forty-three percent of vendors reporting significant variation in requirements from county to county; and

    Whereas, Current food establishment permit categories are not designed for farmers markets and their vendors, but rather for restaurants, grocery stores or concessioners; and

Whereas, A 2012 study by the West Virginia Farmers Market Association finds that farmers market vendors average just $152 in sales on any given market day; and

Whereas, Permits required for farmers market vendors are currently not recognized across county lines, putting additional regulatory and fiscal burdens on vendors selling in more than one county; and

Whereas, The Legislature has found that encouraging locally grown and raised food is important to protect the health and welfare of the citizens of West Virginia; and

Whereas, The Legislature recognizes the importance of strengthening our local and regional food systems for local and regional economic development and health; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby requested to study permit requirements for farmers market vendors, including the suitability of the permits, licenses and certifications required to vend at a farmers market, as well as the appropriateness of the fees scale for permits and their transferability across county lines; and, be it

Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2015, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.