The COVID Project
The record
- Jurisdiction
- West Virginia
- Level
- State
- Authority
- W. Va. Code R. §§ 64-17-1 to 64-17-10 (filed Apr. 4, 2019; effective July 1, 2019)
- Issued
- 2019-04-04 Apr. 4, 2019
- 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- Superseded by the version of 64 C.S.R. 17 filed and effective Apr. 30, 2021 (same § 3.1 incorporation of the 2013 Food Code and § 10 penalty; register entry read, Word text read, not saved), itself superseded Apr. 1, 2023 (read as 2021-04-30)
- In force
- July 1, 2019 to Apr. 30, 2021
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q2
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Business closureStanding dutyOperating condition
- Addressees
- specified businesses: food establishments (restaurants, bars serving food, retail food stores, institutional food service) and their permit holders and persons in charge
- Character
- sanitary code duty
- Collection
- Standing duties: West Virginia DUT-WV
Operative words
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.
Penalty
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
What it required
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's powers to suspend or revoke a permit, issue a hold order and issue 'an employee restriction or exclusion order'; the Commissioner applies the Food Code Annexes in interpretation (§ 3.2).
Retrieval noteThe Food Code's own text (not in this exhibit) is incorporated by reference; The Governor's restaurant guide (Ex. DUT-WV-018) was issued against this standing regime and warned that non-adherence 'may result in suspension of a restaurant's or bar's license to operate.' The register shows a 'Suspension Memorandum' filed May 8, 2020 against this rule version (not saved).