Changes for health department issued Mobile Food and Mobile Retail Food permits.
Earlier this year the West Virginia Legislature passed HB3092 which allows for in-state food service permits for mobile food/mobile retail establishments (Food Trucks). This new permit process will begin June 7, 2023.
The health department will now issue three types of Mobile Food and/or Mobile Retail permits depending on the applicant’s status.
In-State Vendor County of Residence Mobile Food/Mobile Retail Establishment Permits
- In-State issues mobile food/mobile retail food permits will be issued to a vendor in their county of residence (West Virginia based vendors). This will allow a vendor to operate anywhere in the state (WV) with one permit.
- Vendors must meet the requirements in 64CSR17 Food Establishment Rule and FDA Food Code.
- County health departments will conduct an inspection of the unit prior to issuance of a permit.
- Permit must be visibly posted while the unit is operational.
In-State Reciprocity Mobile Food/Mobile Retail Establishment Permits
- Reciprocity permits will be issued to a vendor/unit that holds a valid In-State Mobile Food/Mobile Retail permit, issued by another county health department.
- Reciprocity permits are at no cost to the vendor.
- Units will still be inspected by a county health department prior to issuing a Reciprocity permit.
- Each vendor must provide notice to the local health department with jurisdiction at least 14 days prior to operating within the jurisdiction.
- Permits must be visibly posted while the unit is operational.
Out-of State Mobile Food/Mobile Retail Establishment Permit
- Out of state vendors are required to obtain a Mobile Food or Mobile Retail permit from each county health department jurisdiction in which the vendor operates.
- Regular fees apply.
- Permits must be visibly posted while the unit is operational.
In-state mobile food or mobile retail vendors who do not receive a Reciprocity permit or notify the county health department 14 days prior to operation will be issued a Temporary Food Establishment permit (good for 14 days). All fees associated with a Temporary Food Establishment will apply.
Mobile food/mobile retail permits apply to enclosed mechanical, electrical or manual trailer, van, pushcart, recreation vehicle or similar enclosed mobile operation. All other food operations (tent, table, etc) will be issue a Temporary Food Establishment permit.