Recommendations for West Virginia
Laws to Support Local Food Procurement
Recommendations
Although West Virginia is blessed with fertile farmland
and dedicated farmers, its state agencies import the
vast majority of their food from out-of-state. Local food
procurement laws could help remedy this situation by
encouraging or requiring public institutions to
purchase a percentage of their food from West Virginia
farms, resulting in substantial health and economic
benefits.
Benefits of Local Procurement Laws

Strengthening the Local Economy
Local food procurement strengthens local
economies by redirecting the money currently
spent on out of state products back into the
state economy. West Virginia farmers who earn
this income will, in turn, spend it in the
community on labor, equipment, and other
expenses.

Improving Public Health
In 2013 the average West Virginian ate only
one serving of fruit and one and a half servings
of vegetables per day.1 Local food procurement
will increase the amount of fresh, healthy foods
served in public institutions, improving the
health of the many West Virginians eating
these meals every day.

Increasing Access to Healthy Foods for Lowincome Communities
Local food procurement policies enable
farmers to expand and refocus their farming
operations to grow more nutritious food
products. Farmers thus have more harvest to
sell not only to public institutions but also
directly to local consumers.
CENTERS FOR DISEASE CONTROL AND PREVENTION, STATE INDICATOR
REPORT ON FRUITS AND VEGETABLES, 2013 8 (May 2013), available at
1
Thirty-four states have enacted local procurement
laws in a variety of forms. We propose the following
three policy components to reform West Virginia’s
food procurement laws:
1. Amend West Virginia Code § 5A-3-37 to
support West Virginia farmers. Under West
Virginia’s current in-state vendor preference
law, a farmer growing food in West Virginia
receives the same 5% price preference as a
large out-of-state corporation that employs
state residents. The Legislature should
strengthen the law by providing an additional
preference to vendors selling West Virginiagrown agricultural products. This may lead to
increased purchasing among state agencies,
and the Legislature should consider
reimbursing some of these upfront costs.
2. Restructure Statewide Contracts so that
Smaller Vendors Can Compete. West
Virginia’s current statewide food contract
requires vendors to supply a vast range of food,
including meat, produce, condiments, and baby
food. This restricts West Virginia farmers’
ability to bid on the statewide contract. The
Legislature should order the Purchasing
Division to split the statewide contract into
narrower contracts, such as for eggs, fresh
poultry, or certain produce. While separate
contracts might decrease efficiency, they will
also enable West Virginia farmers to provide
high quality, healthy foods to West Virginians.
3. Increase $25,000 Minimum for Statewide
Contracts. The Legislature should give state
agencies more discretion in making small
orders outside of the Purchasing Division’s
statewide contracts. This would enable state
agencies to purchase from West Virginia
http://www.cdc.gov/nutrition/downloads/State-Indicator-ReportFruits-Vegetables-2013.pdf.
Research conducted by the Harvard Food Law and Policy Clinic
farmers, and to develop contracts for a
narrower scope of goods that West Virginia
farmers could provide.
Research conducted by the Harvard Food Law and Policy Clinic