(a) A local or county health department shall issue a mobile food establishment reciprocity permit to a mobile food service establishment that is operating within the State of West Virginia and holds a valid mobile food establishment permit from the vendor’s county of residence. The mobile food establishment reciprocity permit shall be valid for the length of time for which the first permit is issued and regardless of the number of days for which the vendor requires the mobile food establishment reciprocity permit.

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Terms Used In West Virginia Code 16-2-18

  • Department: means the West Virginia Department of Health and Human Resources. See West Virginia Code 16-2-2
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Local health department: means the staff of the local board of health. See West Virginia Code 16-2-2
  • Secretary: means the Secretary of the Department of Health and Human Resources. See West Virginia Code 16-2-2
  • State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10

(b) No health department within the state may charge an additional fee to any in-state vendor that has received a mobile food establishment permit but may place conditions upon an issued permit to assure compliance with that health department’s rules and standards for the type of permit being issued. Each vendor must provide notice to the local health department with jurisdiction at least 14 days prior to operating within the jurisdiction. The permit must be visibly posted while the mobile food establishment is operational.

(c) The secretary shall review and modernize legislative rules regarding local boards of health fees located in 64 CSR 30 in the next filing period.