General Bake Sale and Farmers Market Requirements
To hold a Bake Sale in Jefferson County, WV, it is required that you first register with the Jefferson County Health Department for review and approval of the items you wish to sell.
Please provide the name, address, phone number of the persons who prepared the food, and the location/dates of the event. Also provide a list of the items you want to sell. All food offered for sale must be sliced to the individual proportions and wrapped. The slicing, wrapping or exposing of food at the sale is not allowed. The sale of potentially hazardous food is not allowed.
A “potentially hazardous food” as stated in Section 2.23 of the WV Food Sanitation Rule includes:
“Any food that consists in whole or part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustacean, or other ingredients, in a form capable of supporting rapid and progressive growth of infectious or oxygenic microorganisms.” The term does not include “ ….foods which have a pH level of 4.6 or below or a water activity value of 0.85 or less.”
Therefore, the type of food that is allowed to be sold is limited to foods that normally do not support the rapid growth of microorganisms. For example, cream-filled products such as cream, custard, or meringue pies can not be sold.
Below is a list of food items that may be offered for sale:
Nut & Fruit Breads
Use of Home Kitchens for Food Preparation
It is also required under WV Legislative Rule Title 64, Series 17, Section 3.4.d.4 that when a food is prepared in the kitchen of a private home for events, the consumer must be informed by a clearly visible sign that the food was prepared in a kitchen that is not subject to regulation and inspection by the Health Department. However, even though the food doesn’t represent a hazard due to the growth of bacteria, it may become contaminated with filth or other extraneous material. Therefore, the Jefferson County Health Department reserves the right to inspect the home kitchens if conditions warrant.
This policy does not apply to facilities where food is prepared or sold routinely, on a scheduled or on-going basis as these facilities would be considered to be a Food Establishment and therefore would be required to meet all the requirements of the Food Establishment Rule (64 CSR 17).