{"id":"DUT-WV-016","kind":"duty","level":"state","jurisdiction":"West Virginia","state":"WV","metro":"","industry":"","agency":"","eco":"","issuer":"West Virginia Department of Health and Human Resources, Bureau for Public Health (legislative rule)","authority":"W. Va. Code R. §§ 64-17-1 to 64-17-10 (filed Apr. 4, 2019; effective July 1, 2019)","instrument":"64 C.S.R. 17, Food Establishments (legislative rule, version effective July 1, 2019)","title":"Food Establishments: incorporation by reference of the 2013 FDA Food Code; permits; hold orders; employee restriction or exclusion orders; penalty","dateIssued":"2019-04-04","effective":"2019-07-01","end":"Superseded by the version of 64 C.S.R. 17 filed and effective Apr. 30, 2021 (same § 3.1 incorporation of the 2013 Food Code and § 10 penalty; register entry read, Word text read, not saved), itself superseded Apr. 1, 2023","startDate":"2019-07-01","endDate":"2021-04-30","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2"],"types":["DUTY","COND","CLOSE"],"addressees":["specified businesses: food establishments (restaurants, bars serving food, retail food stores, institutional food service) and their permit holders and persons in charge"],"clause":"3.1. The Federal Food Code, also known as the 2013 Recommendations of the United States Public Health Service, Food and Drug Administration... is incorporated by reference with the following exceptions... 10.... Violation of the provisions of this rule is a misdemeanor. The commissioner may take enforcement actions for violation in accordance with W. Va. Code 16-1-18, 16-6-23 and 16-6-24.","enforcement":"Misdemeanor; enforcement under W. Va. Code §§ 16-1-18 (fine $50 to $500), 16-6-23 and 16-6-24; permit suspension or revocation; employee exclusion orders","functions":[],"notes":"Every food establishment and permit holder to operate under the 2013 FDA Food Code as West Virginia law, including its employee-health provisions (reporting, restriction and exclusion of ill food employees) and its requirement that a permit holder discontinue operations on an imminent health hazard; § 9.1 confirms the Commissioner\u0027s powers to suspend or revoke a permit, issue a hold order and issue \u0027an employee restriction or exclusion order\u0027; the Commissioner applies the Food Code Annexes in interpretation (§ 3.2).","sourceUrl":"https://apps.sos.wv.gov/adlaw/csr/readfile.aspx?DocId=51071\u0026Format=PDF","snapshot":"","fileExists":true,"fileBytes":368924,"grade":"primary","character":"sanitary_code_duty","description":"","collection":"DUT-WV","url":"/library/DUT-WV-016","exhibitUrl":"/exhibit/DUT-WV-016","citation":"West Virginia Department of Health and Human Resources, Bureau for Public Health (legislative rule), 64 C.S.R. 17, Food Establishments (legislative rule, version effective July 1, 2019) (Apr. 4, 2019) (Ex. DUT-WV-016)","stateName":"West Virginia","related":["DUT-WV-018","DUT-WV-007"]}