2023 West Virginia Code › Chapter 64. Legislative Rules › Article 9. Authorization for Miscellaneous Agencies and Boards to Promulgate Legislative Rules › §64-9-3. Department of Agriculture

(a) The legislative rule filed in the State Register on July 18, 2022, authorized under the authority of 19-13-4 of this code, modified by the Department of Agriculture to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 3, 2022, relating to the Department of Agriculture (West Virginia apiary rule, 61 CSR 02), is authorized with the amendment set forth below:
On page 2, by striking out all of section 3.1. and inserting in lieu thereof a new section 3.1. to read as follows:
3.1. The Commissioner shall furnish an application for registration of bees to all person known to keep bees. The Commissioner shall mail the applications during the month of June to all persons who have registered their bees during the previous year. Upon receipt of a properly executed bee registration application, the Commissioner shall issue a certificate of registration which will be based upon the information provided on the application.
(b) The legislative rule filed in the State Register on May 12, 2022, authorized under the authority of 19-2-10 of this code, modified by the Department of Agriculture to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on September 22, 2022, relating to the Department of Agriculture (schedule of charges for inspection services: fruit, 61 CSR 08B), is authorized.
(c) The legislative rule filed in the State Register on June 14, 2022, authorized under the authority of 19-12D-4 of this code, modified by the Department of Agriculture to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on September 22, 2022, relating to the Department of Agriculture (noxious weeds rule, 61 CSR 14A), is authorized.
(d) The legislative rule filed in the State Register on July 21, 2022, authorized under the authority of 19-11E-8(1) of this code, modified by the Department of Agriculture to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on September 22, 2022, relating to the Department of Agriculture (Grade "A" pasteurized milk, 61 CSR 15), is authorized.
(e) The legislative rule filed in the State Register on November 15, 2021, authorized under the authority of 19-29-4 of this code, modified by the Agriculture Commissioner to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 26, 2022, relating to the Agriculture Commissioner (inspection of nontraditional, domesticated animals, 61 CSR 23D), is authorized.
(f) The legislative rule filed in the State Register on July 28, 2022, authorized under the authority of 19-12E-7 of this code, modified by the Department of Agriculture to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on September 22, 2022, relating to the Department of Agriculture (hemp products, 61 CSR 30), is authorized.
(g) The legislative rule filed in the State Register on June 2, 2022, authorized under the authority of 19-1C-4 of this code, modified by the Department of Agriculture to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on September 22, 2022, relating to the Department of Agriculture (livestock care standards, 61 CSR 31), is authorized.
(h) The legislative rule filed in the State Register on May 18, 2022, authorized under the authority of 11-13DD-5(b) of this code, modified by the Department of Agriculture to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on September 22, 2022, relating to the Department of Agriculture (farm to food bank tax credit, 61 CSR 36), is authorized with the amendments set forth below:
On page 3, after "5.2.c." by inserting the following: "No more than $200,000 of tax credits may be allocated to the Department of Agriculture in any fiscal year."
And,
On page 4, by striking out section 5.3 and inserting in lieu thereof a new section 5.3. to read as follows:
5.3. After review of the receipt form and any supporting documentation, and after ensuring that the limit of $200,000 of tax credits per fiscal year has not been exceeded, the Department of Agricultural shall determine the amount, if any, of the tax credit due to the farming taxpayer. The amount of the credit is equal to 30 percent of the value of the donated edible agricultural products, but not to exceed $5,000 during a taxable year.
(i) The legislative rule filed in the State Register on June 24, 2022, authorized under the authority of 19-35-4 of this code, modified by the Department of Agriculture to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on September 22, 2022, relating to the Department of Agriculture (farmers markets, 61 CSR 38), is authorized with the amendment set forth below:
On page 6, by striking out subdivision 6.2.h. and inserting in lieu thereof a new subdivision 6.2.h. to read as follows:
6.2.h. Any potentially hazardous freeze-dried foods.