New & Renovated Food Establishments

Food establishments in Nicholas County are regulated according to the 2005 FDA Food Code as modified by W.Va. 64 C.S.R. 17.

Food establishments are required to obtain annual permits from Nicholas County Health Department for the period of July 1 to June 3o.  New or remodeled food establishments must complete the following steps:

  1. Submit a completed Food Establishment Plan Review Application, establishment floor plans, establishment site location map and equipment specifications to Nicholas County Health Department at least forty-five (45) days prior to the start of construction, conversion or remodeling of the food establishment.
  2. Await written approval from Nicholas County Health Department before commencing with construction, conversion or remodeling.
  3. Submit a completed Application for a Permit to Operate a Food Establishment and appropriate fees to Nicholas County Health Department at least thirty (30) days prior to the planned opening date.
  4. Schedule an appointment Nicholas County Health Department for an initial inspection prior to opening.  The food establishment must be in full operating condition at the time of inspection including refrigeration and hot-holding units.

Following initial permitting, food establishments may renew permits by submitting an Application for Permit and appropriate fees.  Fees are based upon the seating capacity for restaurants, number of checkouts for retail stores, number of machines for vending operations, and flat rates for mobile or temporary vendors.  Additional fees apply for those establishments holding West Virginia liquor licenses.  Food establishments submitting applications and fees on or after July 11 are subject to a 25% late fee.

Nicholas County Health Department conducts routine semi-annual inspections of food establishments, follow-up inspections and complaint investigations as needed.  Nicholas County Health Department may revoke a permit to operate if during any inspection it is determined that an imminent health hazard exists, or if the food establishments has three or more immediately uncorrectable critical violations.  In the event of revocation, a food establishment must make a written request for re-inspection after completing required corrective action.

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