Food and Aquaculture Section has the responsibility of protecting the health and property of the citizens of West Virginia through the inspection of eggs, ice cream, counter freezers, imitation dairy products, milk and milk products, aquaculture including fish, shellfish, and crustaceans, fish processing, school summer lunches, food warehouses by securing and delivering to the proper laboratory representative samples of these products. Our Compliance Section evaluates the results of samples collected and analyzed to determine the course of action. Violations vary from written notices, monetary assessment, shut-down orders to statewide embargoes. Product Registration utilizes its ever-expanding database to maintain pertinent information on individual companies selling or attempting to sell regulated products in the state. The program facilitates the establishment of a history for each product and company and expedites the availability of that information. We have a working relationship with the United States Department of Agriculture, the Food and Drug Administration, West Virginia Department of Education and the WV Department of Health and Human Resources.
Frozen Desserts Manufacturer Permit
Permits shall be issued for each place of operation and are not transferable with respect to persons or location. The permit may be applied to the operation of several freezers at one location. Each mobile unit shall be considered as operating at one location.
A manufacturer shall apply for a permit at least fifteen days before the date the current permit expires or within fifteen days before the date the person intends to engage in business. Permit fee is $35.00. A penalty of $100.00 is applied to all permits not applied for or renewed with this time limit. Permits expire on March 31 following the date of issue.
FORMS
Application for Frozen Desserts Manufacturer Permit
CODE/RULE
Frozen Desserts and Imitation Frozen Desserts Law 19-11B
Frozen Desserts and Imitation Frozen Desserts Rule 61-4B
CONTACT
Dianna Graley
304-558-2227
dgraley@wvda.us
Dairy Distributors Permit
A Dairy Distributors Permit is required for each person distributing dairy products in WV, even if there is no permanent location maintained in this state. Persons maintaining multiple permanent locations in WV or distributing into this state from several locations shall obtain a permit for each location. Permit fee is $75.00. Add an additional $100.00 to permit fee if not applied for at least fifteen days prior to the date you intend to engage in business or not renewed within this time limit. Permits expire on March 31 following date of issue.
FORMS
Application for Dairy Distributors Permit
CODE/RULE
Dairy Products and Imitation Dairy Products Law 19-11A
Dairy Products and Imitation Dairy Products Rule Title 61 Series 4C
CONTACT
Dianna Graley
304-558-2227
dgraley@wvda.us
Egg Distributor
Egg Distributors Permit is required for every person distributing eggs in WV. Permit expires on June 30th following date of issue. The permit is $10.00 and a penalty of $10.00 is added if not applied for or renewed within this time limit.
FORMS
Application for Egg Distributor Certificate of Authorization
Egg Inspection Quarterly Report
CODE/RULE
WV Egg Marketing Law 19-10A
WV Marketing of Eggs Rule 61-7A
CONTACT
Dianna Graley
304-558-2227
dgraley@wvda.us
Small Egg Producer
Small Egg Producers are exempt from paying permit and inspection fees. Small Egg Producers is any person marketing 150 dozen or less per week of his or her own production. Small producers will label their cartons with:
- Name and address of responsible person or business producing and sell the eggs
- The date the eggs are packed
- The word “Ungraded Eggs” in print of at least 5/8 inch
- Eggs being transported, stored or displayed for sale shall maintain above freezing at 45 degrees or less ambient. Refrigeration is not required for transportation of eggs when the period of transport is less than 3 hours
- Cartons shall be clean and free of odor or debris
- The term “fresh” may only be used when the eggs meet minimum requirements of Grade A or higher according to the standards set forth by the United States Department of Agriculture
- Eggs shall not be below “U.S. Consumer Grade B”
For additional information review the WV Egg Marketing Law and Rule listed below.
Your local County Health Department may require a “Food Establishment Permit” to sell eggs at a farmers' market. Contact your county sanitarian for more information and any fees they may require.
FORMS
Application for Egg Distribution Certificate of Authorization (Small Producer)
LINKS
Label Examples
Julian Calendar
CODE/RULE
WV Egg Marketing Law 19-10A
WV Marketing of Eggs Rule 61-7A
CONTACT
Dianna Graley
304-558-2227
dgraley@wvda.us
Aquaculture
Complete the application below for a Fish Processing License in the appropriate Class for your average poundage per year.
FORMS
Application for Fish Processing License
Shellfish Dealer Certificate Form
CODE/RULE
WV Fish Processing Code 19-29
WV Fish Processing Rule 61-23A
CONTACT
Millie Taylor
304-558-2227
mtaylor@wvda.us