Bill Text: WV SB434 | 2016 | Regular Session | Comm Sub
Bill Title: Allowing home-based micro-processed foods sold at farmers markets
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2016-02-20 - To House Agriculture and Natural Resources [SB434 Detail]
Download: West_Virginia-2016-SB434-Comm_Sub.html
WEST virginia legislature
2016 regular session
Committee Substitute
for
Senate Bill 434
By Senators Karnes and Takubo
[Originating in the Committee on Agriculture and Natural Resources; reported on February 16, 2016.]
A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-35-5, relating to permitting sale of home-based, micro-processed foods at farmers markets; requiring seventy percent from vendor’s garden or farm; requiring record keeping and labeling; clarifying foods requiring a permit and exempted foods; establishing permit requirements and limitations; setting for permit inspections and fees; and limiting sales to seven hundred fifty units per year.
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:
ARTICLE 35. FARMERS MARKETS.
§19-35-5. Home-based micro-processing permit.
(a) Notwithstanding any provision of chapter sixteen of this code or any rules promulgated pursuant to that chapter to the contrary, a kitchen in a private home or community kitchen where home-based micro-processed foods are prepared for sale by a vendor at a farmers market is permitted if the vendor has a micro-processing permit in compliance with this article.
(b) A farmers market vendor may apply for a home-based micro-processing permit to sell home-based micro-processed foods at a farmers market. Online farmers market sales shall be delivered in person and are not permitted to be shipped. The home-based micro-processing permit is required in addition to any other permits that are required by a local health department.
(c) Foods qualifying for sale under the home-based micro-processing permit must source seventy percent of any produce for a recipe from the vendor’s own farm or garden. The vendor 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 the contents and sources of the produce. The label shall include the words “MADE IN A FARM HOME KITCHEN” in capital, bold, 10-point type or larger.
(d) A home-based micro-processing 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.
(e) Non-potentially hazardous foods, and those already exempted, do not require a home-based micro-processing permit but require registration with the local health department. These include honey, maple syrup, apple butter and molasses; standardized, non-dietary jams and jellies; fermented products; whole or chopped tomatoes, tomato sauce and tomato juice having a finished equilibrium pH of less than 4.7; exempted condiments; and dehydrated fruits and vegetables.
(f) In order to qualify for a home-based micro-processing permit, the applicant must:
(1) Attend the Better Process Control School or an equivalent program;
(2) Pass a preopening inspection conducted by the local health department at the home kitchen or community kitchen where the home-based micro-processing is occurring. The local health department may also conduct at least one operational inspection during the canning season at the home kitchen or community kitchen when warranted;
(3) Possess a valid food handler’s permit from the local health department, if applicable;
(4) Use a USDA preapproved recipe, or have the recipe tested in accordance with the procedures established by the department; and
(5) Pay a fee of $50 to the local health department issuing the home-based micro-processing permit and any additional fees assessed by the local health department to cover costs for inspections; and
(g) Home-based micro-processing vendors shall not sell more than seven hundred and fifty units per year in the aggregate.
NOTE: The purpose of this bill is to permit home-based micro-processing 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.
