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WV Code § 19-11A-1 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 11A. Dairy Products and Imitation Dairy Products Law|§19-11A-1. Purpose

Advances in food technology have resulted in the development of a variety of products of similar usage as standardized dairy products that are so similar in appearance, odor and taste that they are difficult to differentiate from dairy products. Therefore, it is the purpose of this article to regulate these products in addition to dairy products and to regulate their marketing, to protect, promote and preserve the public health and general welfare, to prevent fraud and deception in the manufacture and trade of products covered under this article, to establish labeling requirements and to establish standards of identity for dairy products and imitation dairy products intended primarily for human consumption.Except where otherwise indicated, it is the intent of the Legislature that this article substantially conform with the federal regulations promulgated under the authority of the United States secretary of health and human services in order to provide for the movement of milk products, cheeses and frozen desserts and imitation dairy products in interstate and intrastate commerce with a minimum of economic barriers.
WV Code § 19-11A-3 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 11A. Dairy Products and Imitation Dairy Products Law|§19-11A-3. Permits

(a) Permits are not transferable with respect to persons or locations.(b) Application for all permits shall be made on forms supplied by the commissioner and shall provide such information as may be considered necessary by the commissioner.(c) Permits shall be posted prominently at the place of operation.(d) A dairy products distributors permit shall be issued by the commissioner to each person distributing dairy products in this state, even if there is no permanent location maintained in this state. Persons maintaining multiple permanent locations in this state or distributing into this state from several locations shall obtain a permit for each location. Application shall be made at least fifteen days before the date that the current permit expires or within fifteen days of the date that the person intends to engage in business. The application shall be accompanied by a fee of $15. A penalty of $2 shall be added to all permits that are not applied for or renewed within this time limit. Permits shall expire on March 31 following date of issue: Provided, That firms that have a permit with an expiration date of June 30, 1991, on the date of implementation of this article shall be allowed to make application for a dairy products permit for the period of July 1, 1991, through March 31, 1992, at a fee of $10.(e) A dairy products distributors permit is not required for persons who distribute only aseptically processed and hermetically sealed dairy products or frozen desserts, dry dairy products or dry frozen dessert mixes.(f) A temporary marketing permit may be issued by the commissioner for the marketing of dairy products that are not covered by an established standard. The temporary permit may be issued according to procedures established by rule. Persons applying for a temporary marketing permit shall have a valid dairy products distributors permit. There is no fee for the permit.
WV Code § 19-11A-4 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 11A. Dairy Products and Imitation Dairy Products Law|§19-11A-4. Labeling

(a) All packages of dairy products or imitation dairy products shall have a label upon or affixed to the package. The label shall be legible and of a print size and style easily readable by the ordinary citizen. The information required in this section shall be on each label and shall be stated in English.(b) The label shall contain the following information:(1) The name of the product;(2) The quantity of the contents;(3) The name and address of the manufacturer, packer or distributor: Provided, That the manufacturer's plant code or name and address shall always appear on the label for Grade "A" products; and(4) Such other information as the commissioner shall require by rule.
WV Code § 19-11A-5 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 11A. Dairy Products and Imitation Dairy Products Law|§19-11A-5. Adulteration

Any dairy product or imitation dairy product referred to in this article is considered adulterated within the meaning of this article if it:(a) Bears or contains any poisonous or deleterious substance or compound in a quantity which may render it injurious to health;(b) Contains any coloring substance or flavoring matter that may be deleterious to health;(c) Bears or contains any added poisonous or deleterious substance for which no safe tolerance has been established by state or federal law or regulation or which is found in the product in excess of an established tolerance;(d) Does not meet the quality standards set forth in this article;(e) Is or has been manufactured under conditions not in conformity with the provisions of this article;(f) Is or has been produced, processed, prepared or held under unsanitary conditions;(g) Has not been manufactured according to the provisions of the applicable standard of identity or that contains pathogens after manufacture;(h) Is or has been stored in a package composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health;(i) Contains any substance added thereto or mixed or packed therewith so as to make it appear better or of greater value than it is; or(j) Meets or has met other conditions of adulteration as established by rule.
WV Code § 19-11A-6 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 11A. Dairy Products and Imitation Dairy Products Law|§19-11A-6. Misbranded

Any dairy product or imitation dairy product referred to in this article is considered misbranded within the meaning of this article if:(a) It is labeled as a product for which there is a standard established by this article and it does not conform to such standards;(b) Its label or labeling is false or misleading in any particular;(c) It is not labeled in accordance with the requirements of this article;(d) Any word, statement or other information required by this article to appear on the label or the labeling is not prominently placed thereon with such conspicuousness as compared with other words, statements, designs or devices in the labeling and in such terms as to render it likely to be read or understood by the ordinary person under customary conditions of purchase and use;(e) Damage or inferiority has been concealed by any means; or(f) It meets or has met other conditions of misbranding as established by rule.
WV Code § 19-11A-8 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 11A. Dairy Products and Imitation Dairy Products Law|§19-11A-8. Approved Sampling and Testing Methods

(a) All sampling and testing methods shall be those set forth in the fifteenth edition of and supplement to the Official Methods of Analysis of the Association of Official Analytical Chemists, published by the Association of Official Analytical Chemists; or the fifteenth edition of the Standard Methods for the Examination of Dairy Products, published by the American Public Health Association, Inc.; or methods approved by the commissioner.(b) The Babcock method or other methods approved by the commissioner for determining the milk fat content of dairy products shall be used as the reference method to establish and maintain the calibration of automated testing instruments.
WV Code § 19-11A-9 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 11A. Dairy Products and Imitation Dairy Products Law|§19-11A-9. Approved Laboratories

(a) Each person who desires to have his laboratory approved by the commissioner for testing official dairy product or imitation dairy product samples as herein provided shall first satisfy the commissioner that tests to be made in such laboratory shall be conducted by qualified persons, with adequate facilities and that such tests are performed accurately and according to methods approved by the commissioner.(b) For the purpose of determining whether a laboratory shall be designated as an approved laboratory the commissioner shall designate a qualified person or persons to inspect the laboratory, its equipment, facilities and personnel at the expense of the applying laboratory, and thereafter may have similar inspections made at the expense of the approved laboratory for the purpose of determining whether or not such approval should be continued.(c) The commissioner may accept the test results of any laboratory that has been approved under this article: Provided, That the commissioner shall not accept the test results of any approved laboratory for samples manufactured, distributed or used by a firm the same as or related to the approved laboratory.
WV Code § 19-11A-11 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 11A. Dairy Products and Imitation Dairy Products Law|§19-11A-11. Suspension, Revocation or Denial of Permits

(a) The commissioner may deny any application for a permit whenever said permit has been applied for fraudulently, the applicant has grossly interfered with the duties of the commissioner, or the applicant is determined to be not in compliance with or not able to comply with this article.(b) The commissioner may suspend a permit whenever a health hazard exists or is believed to exist, the permit has been obtained fraudulently, the holder has grossly interfered with the duties of the commissioner or it is determined that the permit holder is dishonest, deceitful, incompetent or not in compliance with or is unable to comply with this article. Any person whose permit has been suspended shall immediately discontinue all operations covered under the permit. The commissioner may issue a summary suspension in cases where violations of this article constitute a hazard to the public health, safety or welfare or where the public interest requires immediate action.(1) Except for summary suspensions, the commissioner shall give written notice to the persons affected of the pending suspension, stating that the suspension of the permit is being contemplated and giving reasons therefor. The suspension notice shall appoint a time and place for hearing and shall be mailed by certified mail to the business address of the permit holder at least ten days before the date set for the hearing. The commissioner shall review the evidence presented at the hearing prior to issuing his decision.(2) All summary suspensions shall be followed by a notice of suspension, the reasons for the suspension, and an opportunity for a hearing in accordance with this article.(3) At the end of the period of suspension, the permit holder may resume operations without reapplication for a permit.(c) The commissioner may revoke any permit issued under this article whenever a health hazard exists, the permit has been obtained fraudulently, the holder has grossly interfered with the duties of the commissioner or it is determined that the holder is dishonest, deceitful, incompetent or not in compliance with or is unable to comply with this article. Any person whose permit has been revoked shall immediately discontinue all operations covered under the permit.(1) Before revoking any permit the commissioner shall give written notice to the persons affected, stating that the revocation of the permit is being contemplated and giving reasons for the revocation. The revocation notice shall appoint a time and place for hearing and shall be mailed by certified mail to the business address of the permit holder at least ten days before the date set for the hearing. The commissioner shall review the evidence presented at the hearing prior to issuing his decision.(2) At the end of the period of revocation the permit will not be issued without an application, payment of required fee and the compliance with all conditions that the commissioner shall require for the reissuing of such permit.
WV Code § 19-11A-12 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 11A. Dairy Products and Imitation Dairy Products Law|§19-11A-12. Hearings and Appeals

(a) Any person aggrieved by any action taken under this article shall be afforded the opportunity for a hearing before the commissioner under rules promulgated by the commissioner.(b) Hearings shall be conducted according to procedures set forth by rule.(c) All the testimony and evidence at a hearing shall be recorded by mechanical means, which may include the use of tape recordings. The mechanical record shall be maintained for ninety days from the date of the hearing and a transcript shall be made available to the aggrieved party.(d) Any party who feels aggrieved of the suspension, revocation or denial order may appeal within sixty days to the circuit court of the county in which the person has located its principal place of business or to the circuit court of Kanawha County.
WV Code § 19-11A-14 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 11A. Dairy Products and Imitation Dairy Products Law|§19-11A-14. Payment of Fees

All fees, penalties or other moneys collected by the commissioner under the provisions of this article shall be paid into a special account and expended upon the order of the commissioner for the purpose of the enforcement and administration of this article.
WV Code § 19-11A-15 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 11A. Dairy Products and Imitation Dairy Products Law|§19-11A-15. Cooperation With Other Entities

The commissioner may cooperate with and enter into agreements with governmental agencies of this state, other states, agencies of the federal government, agencies of foreign governments, and private associations in order to carry out the purpose and provisions of this article.
WV Code § 19-11A-16 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 11A. Dairy Products and Imitation Dairy Products Law|§19-11A-16. Confidentiality of Trade Secrets

The commissioner may not make public information which contains or relates to trade secrets, commercial or financial information obtained from a person or privileged or confidential information: Provided, That when the information is necessary to carry out the provisions of this article, this information may be revealed, subject to a protective order, to any federal, state or local agency consultant or may be revealed, subject to a protective order, at a closed hearing or in findings of fact issued by the commissioner.
WV Code § 19-11B-1 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 11B. Frozen Desserts and Imitation Frozen Desserts Law|§19-11B-1. Purpose

The legislative intent of this article is to protect, promote and preserve the public health and general welfare and to prevent fraud and deception in the manufacture, sale, offering for sale, exposing for sale, and possession with intent to sell, frozen desserts and products resembling frozen desserts for human consumption. Further, the Legislature recognizes that advances in food technology have resulted in the development of a variety of products of similar usage as standardized frozen desserts that are so similar in appearance, odor and taste that they are difficult to differentiate from frozen desserts. Therefore, this article shall regulate these products in addition to frozen desserts, establish definitions and standards for such foods or labeling requirements by rules which effect their orderly marketing and ensure similar sanitary standards for frozen desserts and imitation frozen desserts.Except where otherwise indicated, it is the intent of the Legislature that this article substantially conform with the federal regulations promulgated under the authority of the United States secretary of health and human services in order to provide for the movement of frozen desserts and imitation frozen desserts in interstate and intrastate commerce with a minimum of economic barriers.
WV Code § 19-11B-3 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 11B. Frozen Desserts and Imitation Frozen Desserts Law|§19-11B-3. Frozen Desserts Manufacturer Permit

(a) A "frozen desserts manufacturer permit" shall be issued to each manufacturer of frozen desserts or imitation frozen desserts. Permits shall be issued for each place of operation and shall not be transferable with respect to persons or locations. The permit may be applied to the operation of several freezers at one location. Each mobile unit shall be considered as operating at one location.(b) Application shall be made on forms supplied by the commissioner and provide such information as may be considered necessary by the commissioner. Permits shall be applied for at least fifteen days before the date that the current permit expires or within fifteen days of the date that the person intends to engage in business. The application shall be accompanied by a fee of $20. A penalty of $2 shall be added to all permits that are not applied for or renewed within this time limit. The permits shall expire on March 31 following date of issue: Provided, That firms that have a permit with an expiration date of June 30, 1991, on the date of implementation of this article shall be allowed to make application for a frozen desserts manufacturer permit for the period of July 1, 1991, through the March 31, 1992, at a fee of $10.(c) Permits shall be posted prominently at the place of operation.
WV Code § 19-11B-4 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 11B. Frozen Desserts and Imitation Frozen Desserts Law|§19-11B-4. Labeling

(a) All packages of frozen desserts or imitation frozen desserts shall have a label upon or affixed to the package. The label shall be legible and of a print size and style easily readable by the ordinary citizen. The information required in this section shall be on each label and shall be stated in English.(b) The label shall contain the following information:(1) The name of the product;(2) The quantity of the contents;(3) The name and address of the manufacturer, packer or distributor; and(4) Such other information as the commissioner shall establish by rule.
WV Code § 19-11B-5 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 11B. Frozen Desserts and Imitation Frozen Desserts Law|§19-11B-5. Adulteration

Any frozen dessert or imitation frozen dessert referred to in this article is considered adulterated within the meaning of this article if it:(a) Bears or contains any poisonous or deleterious substance or compound in a quantity which may render it injurious to health;(b) Contains any coloring substance or flavoring matter that may be deleterious to health;(c) Bears or contains any added poisonous or deleterious substance for which no safe tolerance has been established by state or federal law or regulation or in excess of an established tolerance;(d) Does not meet the quality standards set forth in this article;(e) Is or has been manufactured under conditions not in conformity with the provisions of this article;(f) Is or has been produced, processed, prepared or held under unsanitary conditions;(g) Is or has been stored in a package composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health;(h) Contains any substance added thereto or mixed or packed therewith so as to make it appear better or of greater value than it is; or(i) Meets or has met other conditions of adulteration as established by rule.
WV Code § 19-11B-6 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 11B. Frozen Desserts and Imitation Frozen Desserts Law|§19-11B-6. Misbranded

Any frozen dessert or imitation frozen dessert referred to in this article is considered misbranded within the meaning of this article if:(a) It is labeled as a product for which there is a standard established by this article and it does not conform to such standards;(b) Its label or labeling is false or misleading in any particular;(c) It is not labeled in accordance with this article;(d) Any word, statement or other information required by this article to appear on the label or the labeling is not prominently placed thereon with such conspicuousness as compared with other words, statements, designs, or devices in the labeling and in such terms as to render it likely to be read or understood by the ordinary person under customary conditions of purchase and use;(e) If damage or inferiority has been concealed by any means; or(f) It meets or has met other conditions of misbranding as established by rule.
WV Code § 19-11B-8 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 11B. Frozen Desserts and Imitation Frozen Desserts Law|§19-11B-8. Approved Sampling and Testing Methods

(a) All sampling and testing methods shall be those set forth in the fifteenth edition of and supplement to the Official Methods of Analysis of the Association of Official Analytical Chemists, published by the Association of Official Analytical Chemists; or the fifteenth edition of the Standard Methods for the Examination of Dairy Products, published by the American Public Health Association, Inc.; or methods approved by the commissioner as provided by rule.(b) The Babcock method or other methods approved by the commissioner for determining the milk fat content of frozen desserts shall be used as the reference method to establish and maintain the calibration of automated testing instruments.
WV Code § 19-11B-9 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 11B. Frozen Desserts and Imitation Frozen Desserts Law|§19-11B-9. Approved Laboratories

(a) Each person who desires to have his laboratory approved by the commissioner for testing official frozen dessert or imitation frozen dessert samples as provided in this section shall first satisfy the commissioner that tests to be made in such laboratory shall be conducted by qualified persons with adequate facilities and that such tests shall be performed accurately and according to approved methods.(b) For the purpose of determining whether or not a laboratory shall be designated as an approved laboratory the commissioner shall designate a qualified person or persons to inspect the laboratory, its equipment, facilities and personnel at the expense of the applying laboratory, and thereafter may have similar inspections made at the expense of the applying laboratory for the purpose of determining whether or not such approval should be continued.(c) The commissioner may accept the test results of any laboratory that has been approved under this article: Provided, That the commissioner shall not accept the test results of any approved laboratory for samples manufactured, distributed or used by a firm related to or owned by the approved laboratory.
WV Code § 19-11B-12 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 11B. Frozen Desserts and Imitation Frozen Desserts Law|§19-11B-12. Hearings and Appeals

(a) Any person aggrieved by any action taken under this article shall be afforded the opportunity for a hearing before the commissioner under the rules promulgated by the commissioner.(b) Hearings shall be conducted in accordance with procedures set forth by rule.(c) All the testimony and evidence at a hearing shall be recorded by mechanical means, which may include the use of tape recordings. The mechanical record shall be maintained for ninety days from the date of the hearing and a transcript shall be made available to the aggrieved party.(d) Any party who feels aggrieved of the suspension, revocation or denial order may appeal within sixty days to the circuit court of the county in which the person has located its principal place of business.
WV Code § 19-11B-14 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 11B. Frozen Desserts and Imitation Frozen Desserts Law|§19-11B-14. Payment of Fees

All fees, penalties or other moneys collected by the commissioner under the provisions of this article shall be paid into a special account and expended upon the order of the commissioner for the purpose of the enforcement and administration of this article.