W. Va. Code R. § 64-17-4 - West Virginia Definition of Food Establishment
4.1. Food establishment - An operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption:
4.1.a. Such as a restaurant; satellite or catered feeding location; catering operation if the operation provides food directly to a consumer or to a conveyance used to transport people; market; vending location; conveyance used to transport people; institution; or food bank; and
4.1.b. That relinquishes possession of food to a consumer directly, or indirectly through a delivery service such as home delivery of grocery orders or restaurant takeout orders, or delivery service that is provided by common carriers;
4.2 Food establishment includes:
4.2.a. An element of an operation such as transportation vehicle or a central preparation facility that supplies a vending location or satellite feeding location unless the vending or feeding location obtains a permit to operate in accordance with part 8-3 of the Food Code;
4.2.b. An operation that is conducted in a mobile, stationary, temporary, or permanent facility or location, where consumption is on or off the premises, and regardless of whether there is a charge for the food; and
4.2.c. An operation that offers cooking demonstrations or instruction, with or without student participation, and the food is then consumed on or off premises.
4.3. Food establishment does not include:
4.3.a. An establishment that offers only prepackaged foods that are not time/temperature control for safety food and does not provide reusable tableware to the consumer;
4.3.b. A produce stand that only offers whole, uncut fresh fruits and vegetables;
4.3.c. A food processing plant including those located on the premises of a food establishment;
4.3.d. A kitchen in a private home if:
4.3.d.1. The food prepared in a kitchen in a private home for sale or service at a function such as a religious or charitable organization's bake sale that is not time/temperature control for safety food (formerly "potentially hazardous food"(PHF)); and
4.3.d.2. If the consumer is informed by a clearly visible placard at the sales or service location that the food is prepared in a kitchen that is not subject to regulation and inspection by the commissioner;
4.3.e. An area where food that is prepared as specified in subdivision 4.3.d. of this subsection is sold or offered for human consumption;
4.3.f. A kitchen in a family child care home; or
4.3.g. A private home that receives catered or home-delivered food.
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