West Virginia Food Establishment Permits: County Health Departments, Rule 64 CSR 30 and the Food Truck Law
West Virginia Food Establishment Permits: County Health Departments, Rule 64 CSR 30 and the Food Truck Law
If you searched for a west virginia food license, you will not find one under that name. West Virginia does not issue a general food license. Food service permits come from your county or regional health department, which inspects your kitchen or truck and collects the permit fee. This guide covers who issues each permit, what the posted fees are, how the food truck permit works, and which other registrations you need before you serve your first customer.
This guide is informational content, not legal or tax advice. Fees and rules change, so confirm every figure with the agency named before you budget, sign a lease or buy equipment. For complex situations, speak with a qualified attorney or CPA.
Who issues the permit, and under which rule
West Virginia has 55 counties. Each county is served by a county or regional health department, and that department issues the food establishment permit for businesses operating in its jurisdiction. The rule governing food service is the Food Establishments Rule, 64 CSR 17. It was revised effective April 1, 2023 and is based on the FDA Food Code, so the sanitation, storage and inspection standards you hear about mirror the national model. The permit fees themselves are set in 64 CSR 30, which is the rule this guide uses for the fee figures below.
Not every food product goes through the health department. The West Virginia Department of Agriculture (WVDA) handles meat and poultry inspection, cottage food permits for home kitchens, and farmers market vendor permits. If you plan to sell home-baked goods, jams or meat products, start with WVDA, not your county health department.
The state registrations that are not food permits
Two state filings get confused with food permits. Neither one replaces them.
- Business Registration Certificate (State Tax Division). Every individual or business entity must obtain one before engaging in business activity. The one-time fee is $30. The certificate is permanent until the business name, location or ownership changes, and each fixed business location needs its own certificate. Apply on Form WV/BUS-APP or online at business4.wv.gov.
- Secretary of State filing. Forming an LLC means filing Articles of Organization (Form LLD-1) for a $100 filing fee. This registers the company. It is a filing, not a license, and it does not authorize you to prepare or sell food. The LLC annual report costs $25 and is filed between January 1 and June 30 each year.
Registering an LLC with the Secretary of State does not satisfy the health permit requirement, and a health permit does not satisfy the Tax Division certificate. Most food businesses need both, plus whatever their city requires.
Fixed restaurant and food store permit fees
Fixed food service permits are priced by seating capacity. The table below shows the sample fees as posted in 64 CSR 30. Ask your county health department for its current schedule before you budget, because the posted figures are a reference point, not a quote for your building.
| Permit type | Posted fee |
|---|---|
| Food service establishment, 0 to 20 seats | $125 |
| Food service establishment, 21 to 50 seats | $250 |
| Food service establishment, 51 to 80 seats | $375 |
| Food service establishment, 81 seats and over | $500 |
| Add-on if the place holds an ABCA liquor license | $125 |
| Mobile food establishment (food truck, trailer or cart) | $125 per unit |
| Temporary food service (up to 14 days) | $60 per unit |
| Retail food store | $60 per checkout station |
| Bed and breakfast | $60 |
| Campground | $6 per site, $60 minimum |
Most permits expire June 30. A late renewal carries a 25% late fee, so put the renewal date on your calendar the day you receive the permit. A campground with fewer than 10 sites pays the $60 minimum, since 10 sites at $6 each comes to $60.
Food trucks and mobile units
A food truck, trailer or cart is a mobile food establishment, and the permit costs $125 per unit. West Virginia also has a statewide option that cuts paperwork if you work in more than one county. This is the part of the state's food truck rules that most new operators miss.
Under W. Va. Code 16-2-18, a statewide mobile food permit is issued by the health department in the vendor's home county. It is valid for the fiscal year, and other counties add no fee for it. Before you operate in another county, you must give 72 hours notice to each health department with jurisdiction over the location. Ask your home county health department how it wants that notice sent, and confirm the method with each county where you plan to work.
Festivals, fairs and other short events usually fit the temporary food service permit at $60 per unit for operations of up to 14 days. If your truck works a single event for a weekend, ask whether the temporary permit or the full mobile permit fits your schedule better.
Two points catch truck owners by surprise. First, the Tax Division certificate is issued per fixed location, so ask the Tax Division how a truck with a home base should be registered. Second, if you park and sell inside a city, that city can require its own business license and levy its own taxes. Ask the city clerk for those amounts. This guide does not list them because they vary by municipality.
City taxes, business licenses and sales tax
West Virginia has 55 counties and 230 incorporated places, including towns, cities and villages. Many of your local costs come from the city, not the state. The gross receipts business and occupation (B&O) tax that applies to many shops, contractors and services is levied by cities, usually together with a city business license and a weekly per-worker city service fee. The state B&O tax applies only to utilities, so a restaurant or truck inside city limits should expect to hear from city hall.
Sales tax is 6% statewide. In addition, 101 municipalities add a 1% city sales tax on top of the state rate, and that count rises to 107 from January 1, 2027. Confirm whether the city where you sell adds the tax, and register for your sales tax permit through the State Tax Division at the Tax Division business registration page.
Serving beer or wine
If you serve alcohol, the Alcohol Beverage Control Administration (ABCA) licenses that service, and the health permit adds $125 for a place holding an ABCA liquor license. ABCA license fees are not covered in this guide, so confirm them with ABCA before you finalize your menu or your build-out plan.
Common mistakes to avoid
- Treating the LLC filing as the license. The Secretary of State filing forms the company. The food permit still comes from the health department.
- Missing the June 30 renewal. The 25% late fee is avoidable with a calendar reminder.
- Selling home-made food without a WVDA permit. Cottage food and farmers market rules sit with WVDA, not the health department.
- Skipping the 72 hour notice. A truck that works another county without notice has a problem even with a valid home county permit.
- Assuming the state covers city costs. Business licenses, city B&O tax and the city service fee are set locally.
Step by step
- Choose your location and confirm zoning with the city or county planning office before you sign a lease.
- Decide your entity. If you form an LLC, file Articles of Organization (Form LLD-1) with the Secretary of State. A registered agent is optional for the health permit.
- Obtain your Business Registration Certificate from the State Tax Division for $30, one for each fixed location.
- Contact your county or regional health department before you buy equipment. Ask for its current fee schedule, plan review requirements and inspection process.
- Pay the permit fee, then calendar the June 30 expiration and renewal.
- If you operate a truck, get the statewide mobile permit from your home county and send 72 hours notice before working in any other county.
- Add ABCA, WVDA or city registrations as they apply to your products and location.
Where to confirm the numbers
- West Virginia Secretary of State, business filings: https://sos.wv.gov/business
- Business entity search: http://apps.sos.wv.gov/business/corporations/
- WV One Stop Business Portal: https://business4.wv.gov/
- West Virginia State Tax Division: https://tax.wv.gov/
- West Virginia Small Business Development Center: https://wvsbdc.com/
- SBA resources for West Virginia: https://www.sba.gov/district/west-virginia
This guide does not list URLs for the county health departments, WVDA or ABCA, so search each agency by name to reach its current page. Ask the health department for the current fee schedule in writing before you pay.
A food permit file is easier to get right the first time. If your concept includes a bar, a commercial kitchen, multiple locations or a truck fleet, speak with a qualified attorney and a CPA before you sign leases or buy vehicles. Start with the health department, keep your Tax Division and Secretary of State filings current, and confirm every fee in this guide with the agency that sets it.