reglab/housing_qa huggingface dataset:
WV Code § 19-11B-15 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 11B. Frozen Desserts and Imitation Frozen Desserts Law|§19-11B-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 § 19-11B-16 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 11B. Frozen Desserts and Imitation Frozen Desserts Law|§19-11B-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 § 19-11C-2 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 11C. Southern Dairy Compact|§19-11C-2. Compact Administrator

The compact administrator of this state is the commissioner of agriculture. The duties of the compact administrator are deemed a regular part of the duties of his office.
WV Code § 19-11C-3 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 11C. Southern Dairy Compact|§19-11C-3. Appointment of Delegation

There shall be five delegates from this state to the compact commission, and these delegates shall be appointed by the commissioner of agriculture. At least one of the delegates shall be a dairy farmer who is engaged in the production of milk at the time of appointment or reappointment, at least one delegate shall be a consumer representative, one delegate shall be a processor, one delegate shall be a retailer representative from a border county and one delegate at large. Delegates shall serve for a term of four years. Vacancies in the state delegation will be filled in the same manner as the appointment of delegates, and shall be for the term of the position vacated.
WV Code § 19-11C-4 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 11C. Southern Dairy Compact|§19-11C-4. Effective Date

This article shall become effective at such time as a majority of the contiguous states have passed legislation permitting that state to become a participating state and the consent of Congress has been obtained.
WV Code § 19-11D-1 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 11D. Traditional Cheese Production|§19-11D-1. Legislative Findings

The Legislature finds that local production and sale of locally manufactured cheese products is a culturally significant tradition and that the preservation of historic methods of cheese production is in the public interest; that local cheese production is an important part of the economic livelihood of many families and small businesses in this state; and that the unique quality of home and farm-based cheese products cannot be duplicated using manufacturing and food production requirements enforced by local boards of health. Therefore, the Legislature finds that it is in the public interest to exempt certain local cheese production and local cheese products from regulations of the division of health related to food sanitation enforced by local boards of health, and to place the production of certain home and farm-based cheese products under the jurisdiction of the Department of Agriculture.
WV Code § 19-11D-2 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 11D. Traditional Cheese Production|§19-11D-2. Application of Article

(a) In order for cheese production to fall within the exemption created in section two of this article, all of the following criteria must apply:(1) The cheese must be manufactured at a home or farm-based site using either raw milk from West Virginia cows, production of which is regulated by the Department of Agriculture, or commercially pasteurized cow's milk;(2) The cheese products must be aged at least sixty days;(3) The cheese products must be sold directly to the consumer at the production site or marketed in local restaurants or local small businesses not engaged in interstate commerce: Provided, That for the purposes of this article, acceptance of a national credit card shall not be construed as engaging in interstate commerce.(b) The exemptions contained in this article are not applicable to:(1) Persons and businesses manufacturing more than five thousand pounds of cheese products per year;(2) Cheese products sold to the ultimate consumer outside the borders of the state;(3) Cheese products marketed by mail or on the Internet; or(4) Cheese products the sale or manufacture of which is governed by applicable federal law.
WV Code § 19-11D-3 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 11D. Traditional Cheese Production|§19-11D-3. Exemption From Regulatory Control; Authorizing Rules by the Commissioner of Agriculture

The manufacture of cheese products described in section two of this article is exempt from: (a) Pasteurization, packaging, labeling and all other health related requirements established in this code or rules promulgated by the division of health; and (b) regulatory control by the division of health and county or local health departments or sanitarians. Powers of the commissioner of agriculture set forth in section ten, article eleven-a of this chapter are applicable to the manufacturing of home and farm-based cheese products described in section two of this article. The commissioner of agriculture is authorized to promulgate rules pursuant to article three, chapter twenty-nine-a of this code, considering and promoting traditional methods of cheese production, while providing minimum health and sanitation standards necessary for the protection of the public, including standards for cleanliness, handling, and protection from contamination. Emergency rules for this purpose are authorized.
WV Code § 19-11E-1 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 11E. Milk and Milk Products|§19-11E-1. Purpose and Scope

In 2018, the Legislature created the Joint Task Force on Milk Rules and Regulations in response to concerns about current regulation of the dairy industry in West Virginia. The Joint Task Force heard from, and collected data and other information from, dairy farmers, industry representatives, and regulators from West Virginia, other states, and the federal government. Following its review of the collected information, the Joint Task Force concluded that potential benefits and economies of scale would best be realized by transferring some or all authority to promulgate milk rules and regulations from the Department of Health and Human Resources to the Department of Agriculture.It is the purpose of this article to establish the authority of the West Virginia Department of Agriculture to regulate milk and milk products within the state. It is the further purpose of this article to ensure that milk and milk products produced, manufactured, or sold in West Virginia are safe, while also ensuring that regulation is done in such a way as to foster the stability and growth of the dairy industry in West Virginia. It is the intent of the Legislature that this article regulate the production, transportation, and sale of milk and milk products; confer powers and impose duties upon the Commissioner of Agriculture; prescribe penalties; and provide for the enforcement thereof. Furthermore, 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 and milk products in interstate and intrastate commerce with a minimum of economic barriers.
WV Code § 19-11E-2 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 11E. Milk and Milk Products|§19-11E-2. Definitions

Adulterated means milk or the products manufactured from milk meeting one or several of the conditions listed in §19-11E-7 of this code."Clean" means the condition where no residue remains on a surface that will, or is likely to, cause adulteration or other contamination. "Commissioner" means the Commissioner of Agriculture of the State of West Virginia or his or her duly authorized agent. "Distribute" means the act of transporting, holding for sale, offering for sale, selling, bartering, parceling out, giving, or otherwise disposing of milk."Embargo" means an order to withdraw milk from distribution. An embargo shall detain such milk or milk product and prohibit the transportation or distribution of milk as provided in §19-11E-8 of this code. "Manufacture" means pasteurizing, ultrapasteurizing, formulating, or compounding milk; or packaging or preparing said product for distribution; or other methods of preparing milk for consumption. "Milk" means the lacteal secretion, practically free from colostrum, obtained by the complete milking of one or more healthy mammals. The term may include the components of milk, including cream. For purposes of this article, the term "milk" does not include raw milk. "Milk producer" means any person who operates a dairy farm and who provides, sells, or offers milk for sale."Person" means any individual, partnership, association, fiduciary, firm, company, corporation, or any organized group of persons whether incorporated or not. The term "person" extends to the agents, servants, officers, and employees of the person."Receiving station" means any place, premises, or establishment where milk in unpackaged form is received, collected, handled, stored, or cooled and prepared for further transporting. "Transport" means the movement of milk or milk products from one facility to another in a manner that maintains adequate temperatures and protects the product from freezing temperatures, exposure to the sun, and from sources of contamination. "Transfer station" means any place, premises, or establishment where milk is transferred directly from one transport tank to another. "Transport tank" means any tank which is used for the pickup of milk or the transportation of milk to or from any milk producer, dairy plant, receiving station, or transfer station.
WV Code § 19-11E-3 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 11E. Milk and Milk Products|§19-11E-3. Department to Regulate Milk and Milk Products

Effective July 1, 2019, the Department of Agriculture shall be responsible for regulating all matters addressed in the Grade "A" Pasteurized Milk Ordinance issued by the federal Food and Drug Administration. This includes, but is not limited to, inspection of milk production facilities, inspection of facilities making single-use containers for dairy products, collection and testing of milk samples, and training and certification of inspectors.
WV Code § 19-11E-4 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 11E. Milk and Milk Products|§19-11E-4. Milk Producer Permits

(a) A person may not sell milk, milk products, or manufactured dairy products within this state without having a current, valid permit from the Commissioner of Agriculture. (b) A separate permit shall be obtained for each milk plant, milk producer, milk distributor, receiving station, transfer station, bulk tank unit, and milk tank truck cleaning facility. (c) Permits are not transferable with respect to persons or locations. (d) Permits shall be applied for at least 30 days before the date that the current permit expires or within 30 days of the date that the person intends to engage in business. Applications for all permits shall be made on forms supplied by the commissioner and provide such information as may be considered reasonably necessary by the commissioner. All applications shall be accompanied by an application fee. A penalty shall be added to all permits that are not applied for or renewed within the time limits set forth in this subsection. (e) Permits shall be posted prominently at the place of operation. (f) Within 30 days of receiving a complete application for an initial permit, the commissioner will inspect the applicants operation to determine whether it meets the standards set forth by this code and rules promulgated pursuant thereto that would be applicable if the applicant received the permit applied for. If the applicant satisfies those requirements, the commissioner shall issue the permit. (g) Permits shall be valid for one year.
WV Code § 19-11E-5 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 11E. Milk and Milk Products|§19-11E-5. Licenses

(a) Licenses shall be issued by the commissioner to certified inspectors of milk production facilities. Licenses are not transferable.(b) Applications for licenses shall be made on forms supplied by the commissioner and shall provide such information as may be considered reasonably necessary by the commissioner for the administration of this article.(c) Licenses shall expire on June 30 following the date of issue. License renewals shall be applied for at least 15 days previous to the date when the current license expires. The commissioner may assess a penalty for licenses that are not applied for or renewed within this time limit.
WV Code § 19-11E-6 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 11E. Milk and Milk Products|§19-11E-6. Labeling

(a) All packages of milk or milk 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 manufacturers 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 § 19-11E-7 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 11E. Milk and Milk Products|§19-11E-7. Adulteration

Any milk or any milk products are considered adulterated within the meaning of this article if:(1) They bear or contain any poisonous or deleterious substance or compound in a quantity which may render it injurious to health;(2) They bear or contain 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;(3) They are or have been produced, transported, or held under unsanitary conditions;(4) They contain any substance added thereto so as to make them appear better or of a greater value than they are; or(5) They meet or have met other conditions of adulteration as established by rule.
WV Code § 19-11E-9 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 11E. Milk and Milk Products|§19-11E-9. Prohibited Acts

No person may:(1) Have in his or her possession with the intent to sell, transport, or manufacture any milk which is adulterated within the meaning of this article;(2) Interfere with or prohibit the commissioner from performing the duties of his or her office;(3) Fail to comply with the provisions of an embargo order issued under this article;(4) Fail to comply with the provisions of a revocation, suspension, or denial order issued under this article;(5) While operating in any official capacity, obtain any information under the provisions of this article that would be considered trade secrets regarding the quality, source, and disposition of milk, and use this information for his or her own personal gain;(6) Sell milk or milk products, where required, without a valid permit as required by the provisions of this article;(7) Conduct inspections of milk production facilities for the purpose of certifying compliance with this article without a valid inspector license, and perform those duties in a dishonest or incompetent manner, or falsify the records thereof;(8) Sell, offer for sale, or expose for sale any milk that is from a herd that does not meet the requirements for animal health as set by rule under this article;(9) Represent an imitation dairy product to be a milk product; (10) Conduct a test to determine the identity, quality, purity, grade, or quantity of a dairy product in a manner that is not in accordance with the Pasteurized Milk Ordinance; or(11) Alter or destroy the results of a test conducted to determine the identity, quality, purity, grade, or quantity of a dairy product.
WV Code § 19-11E-11 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 11E. Milk and Milk Products|§19-11E-11. Hearings and Appeals

(a) Any person aggrieved by any action taken under this article shall have the opportunity for a hearing before the commissioner under the 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 90 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 60 days to the circuit court of the county in which the persons principal place of business is located.
WV Code § 19-11E-13 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 11E. Milk and Milk Products|§19-11E-13. Payment of Fees

All fees, penalties, or other moneys collected by the commissioner under the provisions of this article shall be paid into the Department of Agricultures fees account.
WV Code § 19-11E-14 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 11E. Milk and Milk Products|§19-11E-14. 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 entities in order to carry out the purpose and provisions of this article.
WV Code § 19-11E-15 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 11E. Milk and Milk Products|§19-11E-15. 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 revealing 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 § 19-11E-16 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 11E. Milk and Milk Products|§19-11E-16. Dairy Advisory Board

(a) The commissioner shall establish a Dairy Advisory Board within the Department of Agriculture. The purpose of that board is to advise the commissioner with respect to the status of the dairy industry in West Virginia, obstacles to manufacture, processing, and sale of milk and milk products, recommendations with respect to changes in statutes and regulation, changes in technology and processes utilized by the dairy industry, and other hindrances to growth of the industry in West Virginia. (b) The commissioner shall, by rule, establish minimum requirements and qualifications for the members of the advisory board.
WV Code § 19-11E-17 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 11E. Milk and Milk Products|§19-11E-17. Transfer of Milk Regulation Authority From Department of Health and Human Resources to Department of Agriculture

(a) Effective July 1, 2019, authority for the regulation, including enforcement, of Grade "A" milk is hereby transferred to the commissioner from the Department of Health and Human Resources.(b) Prior to July 1, 2019, the commissioner and the Department of Health and Human Resources shall enter into an agreement to provide for the orderly transition of regulatory operations from the Department of Health and Human Resources to the commissioner. Said agreement shall provide:(1) For the transfer of records and equipment related to the milk regulation program to the commissioner;(2) For the continued provision of services by staff of the Department of Health and Human Resources to the commissioner under the terms of the agreement; (3) For transition, upon notice to Department of Health and Human Resources, of functions from the Department of Health and Human Resources to the commissioner; and(4) For the completion of the transfer of all responsibilities from the Department of Health and Human Resources to the commissioner no later than December 31, 2019.(c) During a period from July 1, 2019, to December 31, 2019, the Department of Health and Human Resources shall cooperate fully with the commissioner to ensure a smooth transition of authority, knowledge, and resources to guarantee that milk regulation in West Virginia suffers no gap or failure in regulation. (d) All legislative rules issued by the Department of Health and Human Resources pursuant to its authority to regulate milk shall remain in effect until superseded by the commissioners regulations.
WV Code § 19-12-1 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 12. Insect Pests, Plant Diseases and Noxious Weeds|§19-12-1. Title

This article shall be known by the short title of "The Plant Pest Act."
WV Code § 19-12-3 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 12. Insect Pests, Plant Diseases and Noxious Weeds|§19-12-3. Commissioner to Enforce Article; Powers and Duties Generally

(a) It shall be the duty of the commissioner to exercise the powers and duties imposed upon him or her by this article for the purpose of protecting agricultural, horticultural and other interests of the state from plant pests or other insects and noxious weeds and for this purpose the commissioner is hereby authorized and empowered to promulgate such legislative rules, in accordance with the provisions of chapter twenty-nine-a of this code, as are necessary to effectively eradicate, suppress or control plant pests or other insects or noxious weeds or to retard the dissemination of plant pests or other insects or noxious weeds as far as may be practical and to employ or contract with such persons as may be appropriate.(b) The commissioner is hereby authorized and empowered to cooperate with the federal government and any agencies, departments and instrumentalities thereof, the State of West Virginia and any agencies, departments, divisions or political subdivisions thereof and any other state or commonwealth and any agencies, departments or political subdivisions thereof, in order to carry out the effective administration of this article.(c) The commissioner is empowered to enter into compliance agreements with any person engaged in growing, handling or moving articles, plants or plant products regulated by the provisions of this article.
WV Code § 19-12-4 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 12. Insect Pests, Plant Diseases and Noxious Weeds|§19-12-4. Detection and Abundance Surveys; Findings of Commissioner; Eradication and Suppression

The commissioner shall cause detection and abundance surveys to be made for plant pests or other insects or noxious weeds of a highly injurious nature that may be present in the state to determine the necessity for establishing control practices. When the commissioner determines that a new and dangerous plant pest or other insect or noxious weed exists within the state or that an established pest or weed requires control and the nature of the pest or weed dictates immediate action, he shall proceed with a plan of eradication or suppression.