Understanding the Rules
West Virginia's framework is built on a single clear idea: if a food is shelf-stable and doesn't need refrigeration for safety, the state considers it low-risk and lets you sell it without a permit. If a food needs temperature control — or if its pH and water activity put it at risk for dangerous bacteria — it's classified as "potentially hazardous" (PHF) and falls outside the open §19-35-6 pathway.
That category is called TCS foods — "Time/Temperature Control for Safety." The line is drawn by two numbers: water activity (aw) above 0.85 and pH above 4.6. Foods below both thresholds are shelf-stable. Foods above either threshold need cold storage or acid control.
This is why the same ingredient can sit in different buckets. A fruit pie is open. A cream pie is prohibited. A dry rub is open. A wet BBQ sauce is restricted. The rule isn't about the ingredient — it's about whether the finished product can survive on a shelf.
West Virginia's second category — acidified foods at farmers markets — exists specifically so home sellers of pickles, hot sauce, and salsa have a legal path. These products are shelf-stable when made correctly, but they require a process authority to certify the recipe reaches pH ≤ 4.6. That's what the $35 farmers market vendor permit covers.