SB 375 — Relating to farmers markets

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Red = new code to be enacted WEST virginia legislature regular session ENROLLED Committee Substitute for Senate Bill 375 By Senators Sypolt, Rucker, Takubo, Baldwin, and Boso,Boso original[Originating sponsorsin [Passedthe MarchCommittee 10,on 2018;Agriculture and Rural Development;

inReported effecton 90February days8, from2018] passage]     ANA ACTBILL to amend and reenact §19-35-2, §19-35-3, and §19-35-4 of the Code of West Virginia, 1931, as amended;

removing local health departments from farmers market vendor permit process;

requiringclarifying rulesconsignment tomarkets; set forth quantity limitations for cottage foods;

clarifyingrequiring consignment farmers markets;market registration and fees;

definingexpanding terms;farmers market vendor permits and fee structure to include cottage foods permit;

requiring registration of farmers markets;

expanding farmers market vendor permit to permit the sale of cottage foods;

establishing fees for farmers market vendor permits;

permitting localsampling healthof departmentscertain to inspect and suspend food establishmentproducts; permits in certain circumstances;

permitting the Department of Agriculture to establish regulations permitting the sampling of certain farm and food products;

permitting local health departments to sample and inspect farmers market vendors in certain circumstances;

permitting local health departments to invoke cessation of production in certain circumstances;

permitting home, farm, community, or commercial kitchen to be used by cottage foods vendor as determined by the Departmentdepartment; of Agriculture;

and clarifying that acottage farmersfoods marketincludes vendorcertain permitacidified isfoods, not required to sell nonpotentially hazardous foodsfoods, and exempted foods.

(a) “Consignment farmers market” means a farmers market in which two or more vendors deliver their own farm and food products to a common location maintained by a third party that markets the vendors’ products and receives a percentage share of the profits from sales, with the individual vendor retaining ownership of the farm and food product until it is sold.

(b) “Farm and food product” means any agriculture, horticulture, agroforestry, animal husbandry, dairy, livestock, cottage food, beekeeping, or other similar product.

(c) “Farmers market” means:

(d) “Farmers market vendor” or “vendor” means a person or entity that sells farm and food products at a farmers market.

farmers market vendor permit permits;

(b) Vendors at a farmers market selling farm and food products that require a food establishment permit shall apply for a uniform farmers market vendor permit and pay the annual permit fee to the local health department in the jurisdiction in which the farmers market is located department.

Aand farmersvendors marketare vendornot permit shall be required into lieuapply ofto themore foodthan establishmentone permit,local notwithstandinghealth anydepartment otherfor provisions of code or rule that require a fooduniform establishmentfarmers permitmarket orvendor anypermit. other permit from a local health department.

The departmentuniform A farmers market vendor permit shall takebe finalrequired actionin uponlieu allof completedthe permitfood applicationsestablishment withinpermit, 30notwithstanding daysany other provisions of receiptcode ifor therule applicationthat isrequire uncontested,a food establishment permit or withinany 90other dayspermit iffrom thea applicationlocal ishealth contested.department.

(c)Provided, That the The annualdepartment farmersshall markettake vendorfinal action upon all completed permit feeapplications within 30 days of receipt if the application is $35.uncontested, or within 90 days if the application is contested.

(d)(b) The followingapplication vendorsmust areinclude exemptany fromother obtaining a farmers market locations under the jurisdiction of another local health department that the vendor permit:will sell farm and food products subject to the permit.

(1)The Producerslocal deliveringhealth theirdepartment productswhich approves the application for the uniform farmers market vendor permit shall provide notice of the approval to aany consignmentother local health departments that the vendor will be subject to, as indicated on the application (c) (1) The annual permit fee for the uniform farmers market only;vendor permit is as follows:

or(A) (2)For Vendorsvendors selling fresh,farm uncutand produce.food products under the jurisdiction of only one local health department, the annual fee is $15.

(B) For vendors selling farm and food products under the jurisdiction of more than one local health department, the annual fee is $25.

(2) The annual permit fee shall be collected and deposited in accordance with subsection (6), section eleven, article two, chapter sixteen of this code (c) The annual farmers market vendor permit fee is $35.

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

(1) Vendors Producers delivering their products to a consignment farmers market only;

or (2) Vendors selling fresh, uncut produce or other any other farm and food product not subject to a permit by a local health department through rule or regulation.

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

(g) NothingNotwithstanding inthe thisprovisions of article eliminatestwo, orchapter limitssixteen otherof statethis andcode, federala ruleslocal andhealth regulationsdepartment thathas applythe right to certaininspect farm and foodsuspend productsthe solduniform atfarmers market vendor permit for violation of rules or the local health department regulations of a vendor at any farmers market in its jurisdiction, or aat consignmentthe vendor’s home or business address, if it is in the inspecting local health department’s jurisdiction, regardless of what local health department issued the uniform farmers market.market vendor permit.

(h)(g) Nothing in this article eliminates or limits other state and federal rules and regulations that apply to certain farm and food products sold at a farmers market or a consignment farmers market.

(a) The West Virginia Department of Health and Human Resources Department of Agriculture shall propose emergency or legislative rules for legislative approval in accordance with the provisions of §29A-3-1 et seq.

(b) The West Virginia Department of Health and Human Resources Department of Agriculture shall consult with the Department of Agriculture Health and Human Resources and shall consider the guidelines established in the Farmers Market Vendor Guide and Memorandum F-16, Food Permits at Farmers Markets in promulgating the rules.  The rules shall set forth quantity limitations for each type of farm and food product for which a farmers market vendor permit is required pursuant to §19-35-5(d) of this code.

(f)NOTE: The Department of Agriculture shall consult with the Department of Health and Human Resources to promulgate any rules deemed necessary by the Commissioner of Agriculture to ensure the health, sanitation, and safety of the products produced and sold pursuant to this section.

The purpose of this bill is to remove local health departments from the farmers market permit process;