West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-11 - Reg Governing Public Markets › Section 61-11-5 - Weighmen, Graders and Auctioneers

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Weighman, grader, auctioneer, employment
				of. -- A public market shall employ a licensed weighman, a licensed grader and
				a licensed auctioneer at every sale where weighed and graded products are sold
				at auction.
5.2. Grades,
				classifications, standards. -- A public market representing or advertising that
				agricultural or horticultural products are being sold on grades,
				classifications or standards adaptable to such products, shall employ a
				licensed grader to sort, grade and classify such products. Such grades or
				standards shall conform to the grades, classifications or standards established
				by the United States Department of Agriculture or that might be established by
				the Commissioner.
5.3. Licenses:
				Weighman, grader, auctioneer. -- Application for weighman or grader's license
				shall be filed with the Commissioner on forms provided by him and shall be
				accompanied by check or money order in the amount of five dollars ($5.00).
				Application for auctioneer's license shall be filed with the Commissioner as
				provided in article two-c, chapter nineteen of the West Virginia Code, and the
				regulations promulgated thereunder.
5.4. License Renewal: Auctioneer, Weighman,
				Grader - Any weighman or grader desiring to renew his license shall make
				application for such renewal on application forms provided by the Commissioner,
				on or before the first day of July of each year. Such application shall be
				accompanied by a check or money order made payable to the West Virginia
				Department of Agriculture in the sum of five dollars ($5.00). Any auctioneer
				desiring to renew his license shall make application to the Commissioner for
				such renewal as provided in Chapter 19, Article 2C and the regulations
				promulgated thereunder.
5.5.
				Grader, application and duties. -- The applicant is required to qualify in
				accordance with the standard rules for grading livestock and other agricultural
				or horticultural products established by the United States Department of
				Agriculture and any special requirements established by the Commissioner.
5.5.1. The grader shall grade or classify all
				products in conformity with grades, classifications and standards established
				by the United States Department of Agriculture or that might be established by
				the Commissioner.
5.5.2. A grader
				is authorized to settle disputes on grades and classifications and his decision
				shall be final unless appealed to the Commissioner.
5.5.3. At the end of each sale, the grader
				shall prepare a report showing the kinds of products graded or classified, the
				number in each grade or classification, and any other information required by
				the Commissioner. Such reports shall be in triplicate, the original to be
				forwarded to the Commissioner not later than the day following the sale, one
				(1) copy to be given to the public market and one (1) copy to be retained by
				the grader.
5.5.4. A public market
				shall employ sufficient help to assist the grader in grading and classifying
				the products. Such employees shall be available to the grader at all times
				while grading is being conducted.