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Food Establishments

Who needs a permit?

Permanent, temporary, and mobile Food Establishments that prepare, sell or distribute Time-Temperature Controlled for Safety (TCS) foods to the public are required to obtain a Health Permit to operate within the State of West Virginia. TCS foods include anything that must be refrigerated at 41 degrees or below (or hot held at 135 degrees or above) to prevent illness. For example, meat, dairy products, cooked vegetables and cooked pasta are all TCS foods. Moreover, all facilities such as hotels, childcare centers, schools, etc., which offer food services must obtain a Food Permit in addition to their facility Health Permit. 

Sellers of some foods--such as home baked goods that do not require refrigeration--are exempt from requiring a Food Establishment Permit under West Virginia's Food Law. However, the Department of Agriculture has specific rules, including labling requirements, for selling such goods. For more information on which foods are exempt and the packaging and labling requirements, please refer to the Department of Agriculture's Farmer's Market Vendor Guide. Please note that this exemption only applies to foods prepared in West Virginia by West Virginia Residents.

Opening a new Food Establishment

To open a new Food Establishment (restaurant, retail food store, school lunch program, childcare center food program, or mobile food unit), please submit a Plan Review to the Health Department at least 45 days prior to operation or construction. Please submit the following forms plus payment to initiate a plan review:

Once your Plan Review has been approved, you may then apply for a Permit to Operate.

Applying for (or Renewing) a Food Permit

Food Establishment Permit for Brick-and-Mortar Establishments:

Any permanent Food Establishment (including food vending machines) require a Food Establishment Permit. To apply for a food establishment permit, please submit the following along with permit fees:

In-State Mobile Food Establishments

As of June 5, 2024, West Virginia issues STATEWIDE* Mobile Food Establishment Permits for West Virginia Residents ONLY. All Mobile Food Establishments must comply with the WV State Fire Marshal requirements.

To obtain or Renew a Permit to Operate a Statewide Mobile Food Establishment, please submit the following:

*Please note that, while you may operate in any county in West Virginia, you are required to give a 72-hour notice to the county you are visiting. If you are coming from another county to Marshall County, please contact one of our Sanitarians at (304) 845-7840 to give us notice.

Out-of-State Mobile Food Establishments

Out-of-State Mobile Food Establishments wishing to do business in Marshall County* may either obtain an annual out-of state Permit or a 14-day Temporary Food Vendor Permit (see next section). All Mobile Food Establishments must comply with the WV State Fire Marshal requirements.

To obtain or renew an annual permit, please submit the following:

*Please note that, unlike in-State vendors, Out-of-State Vendors are NOT allowed to operate in any other county than the one that has issued their permit. To operate outside of Marshall County, you will have to apply for a separate permit in that county through their local health department.

Temporary Food Establishments

Temporary Food Establishments (those operating for less than 14 days), are not required to submit a Plan Review. However, they must apply for a Temporary Food Establishment permit at least 72 hours prior to operation, and they must comply with the Food Code. The West Virginia Department of Health has published Guidelines for Operating a Temporary Food Establishment in West Virginia, which is a valuable reference for anyone planning to run a concession stand, food stall, or beverage stand, or similar food establishment on a temporary basis.

To apply for a Temporary Food Establishment Permit, please submit the following:

For more information on obtaining a permit or for any questions regarding Food Code, please contact us at (304) 845-7840 and request to speak to a Sanitarian in the Environmental Department.

Inspections

A sanitarian will periodically visit new constructions and remodels to to inspect and ensure that the facility is on track to meet the standards of the Food Code. A final opening inspection will also be required prior to issuing a permit. Once permitted, sanitarians will routinely conduct inspections of the facility.

West Virginia currently uses the 2013 version of the FDA Food Code, and Marshall County conducts Risk-Based Inspections. With this method, inspections are focused on the five main risk factors involved in foodborne illness:

  • Personal Hygiene
  • Improper Holding Temperatures
  • Improper Cooking Temperatures
  • Food from Unsafe Sources
  • Contaminated Equipment/Cross-Contamination

Moreover, food establishments are categorized into risk categories, which vary based on the types of food served and the type of establishment they are served in:

  • Risk Category One: Limited food menu, or only pre-packaged food; examples include Hot Spots, limited cafes, and retail stores with no on-site food preparation
  • Risk Category Two: Prepares and serves Time-temperature Controlled for Safety Foods; includes most restaurants
  • Risk Category Three: Prepares and serves food that requires specialized processes (eg., sushi), or serves a highly susceptible population (eg., nursing home residents)

The inspection frequency of each establishment is based on its risk category, although additional inspections are sometimes conducted on a follow-up or complaint basis. Also, newly permitted establishments may be inspected more often during the first year of operation. The assigned Risk Category is subject to change depending on various factors, including but not limited to menu changes and renovations.

Change of Ownership/Remodels

Permits are non-transferrable, so a change of ownership means starting from square one. If you take over an existing facility, you will be required to submit a new Plan Review and apply for a new Permit before operating. This allows our sanitarians to inspect the structure of the facility and bring it up to code. Many older restaurants, which were up to code when they were first established, have fixtures or features that are no longer acceptable under the current Food Code and should be updated. 

Additionally, existing Plan Reviews become invalid if extensive changes are made to an existing facility. If you plan to make any major changes to your facility or the fixtures within (equipment, plumbing, etc.), you must submit a new plan review to ensure that your changes are in compliance with the Food Code.

Menu Changes

If you decide to make any major changes to your menu offerings or expand the scope of your operation, please consult with the Health Department. Our Environmental staff can check your facility and make sure that it is equipped to allow your employees (or volunteers) to prepare the new menu items in a way that is sanitary. For example, an existing kitchen in a small cafe might not have enough counter space or a large enough three-compartment sink to accommodate a full-service breakfast menu.

Food Handler Requirements

All foodservice workers must obtain a Food Handler's Card within 30 days of employment. This includes cooks, deli workers, bartenders, waitresses and dishwashers. Food Classes are available at the Health Department once a month, but they may also be taken online at StateFoodSafety.com. We do not accept any other online course for food handler's cards at this time. Food handler's cards are valid for two years, and it is the responsibility of the food handler to keep their cards up-to-date.

Additionally, each establishment MUST have at least one Certified Food Protection Manager (CFPM). A CFPM is a person who has passed a proctored CFPM Exam (for example, the ServSafe Food Manager Exam). Retail establishments that only sell prepackaged food and have no food preparation on-site are exempt from this requirement, as are Temporary Food Establishments.

For more information on Food Classes and upcoming dates, click on the link below.