Farmers Markets

Nicholas County Health Department permits, registers and inspects farmers market vendors according to W.Va. 64 C.S.R. 102.  Farmers markets include traditional farmers markets, on-farm markets or farm stand, and online farmers markets.  Consignment farmers markets require food establishment permits with regulation under the 2005 FDA Food Code and W.Va. 64 C.S.R. 17.

Farmers market vendors may require either registration or permitting through Nicholas County Health Department based upon the products sold through farmers markets.  Requirements are as follows:

No Registration or Permit:

  • Whole, uncut fruits & vegetables
  • Commercially harvested mushrooms
  • Prepackaged foods processed in an approved food manufacturing facility and not requiring temperature control

Registration:

  • Non-dietary jams, jellies & preserves
  • Applebutter, molasses & sorghum
  • Undiluted honey & undiluted maple syrup
  • Dehydrated fruits and vegetables
  • Plain, herbal or flavored vinegar
  • Cakes, cookies & candies
  • Fruit pies
  • Yeast breads, & nut & berry bread

Permit:

  • Eggs
  • Meats
  • Poultry
  • Dairy products that are produced in an approved food manufacturing facility
  • Commercially raised & harvested fish
  • Seed sprouts

Contact Nicholas County Health Departments for permitting and registration requirements for products not listed above.

Registrations are specific to Nicholas County, but permits may be multi-county allowing vendors to serve famers markets in various locations.  Permits are issued by the county of origin for the period of January 1 to December 31 annually based upon submission of Application for a Permit and payment of proper fees to the health department of the county of origin.  Farmers market vendors are subject to routine inspection by Nicholas County Health Department.  Fees for single county permits are $10, and permits for multi-county permits are $25.

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