How to Apply for a Food Truck Permit in West Virginia

Before You Apply

Before submitting your food truck permit application in West Virginia, you need several items in place. Taking care of these prerequisites first will streamline the application process and prevent delays during your county health department review.

Pre-Application Checklist

• Register your business with the WV Secretary of State (LLC, corporation, or sole proprietorship with trade name)
• Obtain your Certified Food Protection Manager (CFPM) certification through an ANSI-accredited program like ServSafe
• Secure a commissary kitchen or approved food preparation facility and obtain a written agreement
• Have your food truck built out or retrofitted to meet WV Food Code requirements for mobile food units
• Prepare a detailed menu listing all items you plan to sell
• Create a food safety plan outlining your procedures for temperature control, handwashing, waste disposal, and cleaning

Step-by-Step Application Process

Step 1: Contact Your County Health Department

Since permits are issued at the county level in West Virginia, your first step is to contact the health department in the county where you plan to base your operations. West Virginia has 55 county health departments, and each may have slightly different application forms and procedures. The WVDHHR Bureau for Public Health can direct you to your local office if needed.

Step 2: Submit Your Application

Complete the food establishment permit application provided by your county health department. Most applications require the following information:

• Business name, owner name, and contact information
• Business registration details (WV Secretary of State registration number)
• Description of your food truck and equipment
• Proposed menu with details on food preparation methods
• Copy of your CFPM certification
• Commissary kitchen agreement or letter from your approved food preparation facility
• Proof of potable water supply and wastewater disposal plan
• Application fee (varies by county, typically $50–$200)

Step 3: Register for Sales Tax

Register with the WV State Tax Department through the MyTaxes online portal. You will need your federal Employer Identification Number (EIN) or Social Security Number, your business registration details, and an estimate of your monthly sales. Upon approval, you will receive a Sales Tax Certificate of Registration. The state sales tax rate on prepared food is 6%.

Step 4: Schedule and Pass Your Inspection

Your county health department will schedule a pre-operational inspection of your food truck. The inspector will verify that your unit meets all West Virginia Food Code requirements, which are based on the FDA Model Food Code. Key areas evaluated during the inspection include:

• Adequate handwashing facilities with hot and cold running water
• Proper food storage with appropriate temperature controls
• Sufficient refrigeration and hot-holding equipment
• Clean, smooth, easily washable interior surfaces
• Proper waste disposal systems (both food waste and wastewater)
• Adequate ventilation and fire suppression equipment
• Potable water supply and gray water storage tanks
• Pest control measures

Step 5: Obtain Local Municipal Permits

After securing your county health permit, check with each city or municipality where you plan to operate. Some cities, such as Charleston and Morgantown, require separate business licenses or vendor permits. Contact the city clerk's office for specific requirements and fees.

Step 6: Secure Workers' Compensation Insurance

West Virginia mandates workers' compensation insurance for all employers, with no exceptions. Even if you have only one employee, you must carry workers' comp coverage through a private carrier such as Encova (formerly BrickStreet Mutual), another licensed insurer, or through an approved self-insurance program. West Virginia privatized its formerly state-run workers' compensation fund in 2005.

Application Tips

• Start early — the inspection scheduling process can take several weeks depending on the county
• Build a relationship with your county health inspector; they can provide guidance on what they look for
• Keep copies of all certifications and permits organized in a binder on your truck
• If you plan to operate in multiple counties, budget time and fees for each county's separate permit
• Consider starting in one county to establish your operations before expanding to additional areas

Renewal Process

Food truck permits in West Virginia must be renewed annually. Most county health departments will send a renewal notice before your permit expires. The renewal process typically involves submitting updated paperwork, paying the renewal fee, and passing an annual re-inspection. Keep your CFPM certification current, as an expired certification can delay your renewal.

Common Mistakes to Avoid

• Assuming a permit in one county covers you in another — each county requires its own permit
• Failing to register for sales tax before beginning operations
• Not having a signed commissary kitchen agreement ready at the time of application
• Overlooking local municipal permits in addition to the county health permit
• Letting your CFPM certification lapse before renewal time