West Virginia Code of State Rules › Agency 176 - Alcohol Beverage Control Commission-Beer › Title 176 - LEGISLATIVE RULE ALCOHOL BEVERAGE CONTROL ADMINISTRATION COMMISSIONER - BEER › Series 176-01 - Nonintoxicating Beer Licensing and Operations Procedures › Section 176-1-8 - Sanitation

Current through Register Vol. XLI, No. 28, July 12, 2024
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.