§19-40-5. Potentially hazardous foods.

(a) Notwithstanding any provision of §16-1-1 et seq. of this code or any rules or regulations to the contrary, the department shall regulate potentially hazardous cottage food sold in West Virginia.

(b) A home, farm, community, or commercial kitchen may be used by a potentially hazardous cottage food vendor, as determined by the department.

(c) Potentially hazardous cottage food standards shall be determined, including acidified foods, and other categories identified and defined by the department.

(d) Potentially hazardous cottage foods shall be labeled in compliance with the department’s labeling standards and provide information about its content and sources.