W. Va. Code R. § 176-1-8 - Sanitation
8.1. Health
Permits: The Commissioner shall not issue a Class A license, authorizing the
sale of nonintoxicating beer for consumption on the licensed premises, to any
person, partnership, firm, association or corporation, unless the applicant has
a permit from the Health Department in the county where the establishment is
located. Such health permit must authorize the applicant to operate a Class A
license on the premises set out and described in the applicant's application.
The Commissioner will not transfer a license to a new location unless the
licensee has a permit from the appropriate Health Department to operate a Class
A license on the new location, as described in licensee's application for
transfer.
8.2. Health, Sanitation,
Toilets: Class A licensees must be kept in a sanitary condition, as required by
the appropriate Health Department. Class A licensees shall maintain separate
functioning toilets for each sex, properly labeled and conveniently located.
Provided that, the Code permits a private wine restaurant and a private club
restaurant to operate having one functioning toilet or restroom when meeting
certain requirements set forth in the Code.
8.3. Sanitation Schools, Classes and
Demonstrations: Brewers, resident brewers, and distributors, either jointly or
severally, with the cooperation of the Commissioner, may hold classes for the
instruction of Class A licensees, Class B Licensees, and their employees in the
proper method of cleansing and sterilizing glasses and other equipment used in
the serving or dispensing of nonintoxicating beer to the public: Provided, that
no quid pro quo, such as refreshments being served or offered at the
instructional class, except nonintoxicating beer used for demonstration showing
the impairment of its quality and taste by the use of improper cleansing and
sterilizing of glasses and equipment.
8.4. Cleansing Beer Bottles or Cans, Draught
or Pipe Lines, Registration:
8.4.a. Cleansing
of beer bottles and bottling: A resident brewer or brewer who bottles or cans,
or who cleans beer bottles or cans shall use beer bottle or can soakers and
cleansers which shall be approved by the state, county, or local health
department and shall meet the requirements set forth in 64 CSR 17 and the FDA
food code, as amended;
8.4.b.
Cleaning of beer draught or pipe lines: A resident brewer, brewer, brewpub, or
Class A retail dealer or Class B retail dealer who is appropriately licensed to
serve nonintoxicating beer though draught or pipe lines and equipment are
required to clean at least every two weeks the draught or pipe lines in
accordance with the requirements set by state, county, or local health
department, and further as set forth in 64 CSR 17 and the FDA food code, as
amended. All compounds used for cleansing beer draught or pipe lines must be
approved by a state, county or local health department or as set forth in 64
CSR 17 and the FDA food code, as amended;
8.4.c. Draught or Pipe lines and equipment:
The use of any draught lines or pipes through which nonintoxicating beer flows
or is forced, other than draught lines or pipes made of vinyl, polyethylene, or
similar materials is prohibited; and the use of a rubber hose, other tubing, or
any kindred products in connection with draft nonintoxicating beer is
prohibited;
8.4.d. Gassing of
nonintoxicating beer: Nonintoxicating beer may be gassed by the use of carbonic
gas (carbon dioxide), or by the use of electrical, hydraulic, or mechanical
pumps. In the event pumps are used, the intake for the pumps shall be from the
outside of the building where fresh and clean air is available, and the intake
must be protected by a suitable filter or filters;
8.4.e. Cleaning and sanitizing of receptacles
in which nonintoxicating beer is served: Any licensee using glasses and similar
containers used in serving nonintoxicating beer shall, after each use and
before being used again, be thoroughly cleaned and sanitized (for growlers see
growler sanitization requirements) as required by the health department in 64
CSR 17 and the FDA food code, as amended; and
8.4.f. Registration: Every person, firm, or
corporation conducting a business in the state of West Virginia which involves
the cleaning of beer coils, beer lines, beer pipes, and barrel tubes shall
register with the health department in the county in which the establishment is
located. Licensed retailers who do their own cleaning shall register as in the
case of a person, firm, or corporation.
8.4.f.1. All persons, firms, or corporations
(which includes distributors, either through the distributor of an affiliated
entity, who must separately invoice and charge for any draught line cleaning
services) engaged in the business of cleansing beer coils, beer lines, beer
pipes, and barrel tubes shall maintain a written record along with the licensee
engaging the entity for draught line cleaning that is subject to inspection by
the Commissioner's office and a state, county or local health department. The
records shall show the date of each cleansing, the method used and be signed by
the person who performed the cleansing. The record shall be retained for a
period of two years. The records shall be kept upon the licensed premises and
shall be available at all times for inspection by a state, county or local
health department and agents and employees of the Commissioner's
office.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
8.1. Health Permits: The Commissioner shall not issue a Class A license , authorizing the sale of nonintoxicating beer for consumption on the licensed premises, to any person , partnership, firm , association or corporation, unless the applicant has a permit from the Health Department in the county where the establishment is located. Such health permit must authorize the applicant to operate a Class A license on the premises set out and described in the applicant's application. The Commissioner will not transfer a license to a new location unless the licensee has a permit from the appropriate Health Department to operate a Class A license on the new location, as described in licensee 's application for transfer.
8.2. Health, Sanitation, Toilets: Class A licensees must be kept in a sanitary condition, as required by the appropriate Health Department. Class A licensees shall maintain separate functioning toilets for each sex, properly labeled and conveniently located. Provided that, the Code permits a private wine restaurant and a private club restaurant to operate having one functioning toilet or restroom when meeting certain requirements set forth in the Code .
8.3. Sanitation Schools, Classes and Demonstrations: Brewers, resident brewers, and distributors, either jointly or severally, with the cooperation of the Commissioner, may hold classes for the instruction of Class A licensees, Class B Licensees, and their employees in the proper method of cleansing and sterilizing glasses and other equipment used in the serving or dispensing of nonintoxicating beer to the public: Provided , that no quid pro quo, such as refreshments being served or offered at the instructional class, except nonintoxicating beer used for demonstration showing the impairment of its quality and taste by the use of improper cleansing and sterilizing of glasses and equipment.
8.4. Cleansing Beer Bottles or Cans, Draught or Pipe Lines, Registration :
8.4.a. Cleansing of beer bottles and bottling: A resident brewer or brewer who bottles or cans, or who cleans beer bottles or cans shall use beer bottle or can soakers and cleansers which shall be approved by the state, county, or local health department and shall meet the requirements set forth in 64 CSR 17 and the FDA food code , as amended;
8.4.b. Cleaning of beer draught or pipe lines: A resident brewer , brewer , brewpub , or Class A retail dealer or Class B retail dealer who is appropriately licensed to serve nonintoxicating beer though draught or pipe lines and equipment are required to clean at least every two weeks the draught or pipe lines in accordance with the requirements set by state, county, or local health department, and further as set forth in 64 CSR 17 and the FDA food code , as amended. All compounds used for cleansing beer draught or pipe lines must be approved by a state, county or local health department or as set forth in 64 CSR 17 and the FDA food code , as amended;
8.4.c. Draught or Pipe lines and equipment: The use of any draught lines or pipes through which nonintoxicating beer flows or is forced, other than draught lines or pipes made of vinyl, polyethylene, or similar materials is prohibited; and the use of a rubber hose, other tubing, or any kindred products in connection with draft nonintoxicating beer is prohibited;
8.4.d. Gassing of nonintoxicating beer: Nonintoxicating beer may be gassed by the use of carbonic gas (carbon dioxide), or by the use of electrical, hydraulic, or mechanical pumps. In the event pumps are used, the intake for the pumps shall be from the outside of the building where fresh and clean air is available, and the intake must be protected by a suitable filter or filters;
8.4.e. Cleaning and sanitizing of receptacles in which nonintoxicating beer is served: Any licensee using glasses and similar containers used in serving nonintoxicating beer shall, after each use and before being used again, be thoroughly cleaned and sanitized (for growlers see growler sanitization requirements) as required by the health department in 64 CSR 17 and the FDA food code , as amended; and
8.4.f. Registration : Every person , firm , or corporation conducting a business in the state of West Virginia which involves the cleaning of beer coils, beer lines, beer pipes, and barrel tubes shall register with the health department in the county in which the establishment is located. Licensed retailers who do their own cleaning shall register as in the case of a person , firm , or corporation.
8.4.f.1. All persons, firms, or corporations (which includes distributors, either through the distributor of an affiliated entity, who must separately invoice and charge for any draught line cleaning services) engaged in the business of cleansing beer coils, beer lines, beer pipes, and barrel tubes shall maintain a written record along with the licensee engaging the entity for draught line cleaning that is subject to inspection by the Commissioner's office and a state, county or local health department. The records shall show the date of each cleansing, the method used and be signed by the person who performed the cleansing. The record shall be retained for a period of two years. The records shall be kept upon the licensed premises and shall be available at all times for inspection by a state, county or local health department and agents and employees of the Commissioner's office.