reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-22 - Generic State Management Plan For Pesticides And Fertilizer In Groundwater › Section 61-22-7 - Resource/Technical Expertise

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. All
				existing technical expertise and other resources available in the state will be
				inventoried and roles and responsibilities of each resource
				specified.
7.2. Existing and
				potential funding sources will be identified.
7.3. Where technical expertise or resources
				or authority are inadequate to meet the objectives of the management plan,
				these deficiencies will be identified and addressed.
7.4. Technical expertise needed to carry out
				the management plan include: groundwater vulnerability studies based on soil
				type and hydrogeologic factors; present cropping and pesticide and fertilizer
				use patterns in the state; present aquifer use and projected future use;
				predictive modelling of pesticide and fertilizer groundwater contamination
				potential; chemical analysis; groundwater monitoring; engineering of structures
				related to groundwater protection such as secondary containment; training and
				certification of applicators; pesticide and fertilizer use investigations;
				development of specific best management practices based on research; and
				education of pesticide and fertilizer users.
7.5. State agencies which may have needed
				expertise and resources include the Department of Agriculture, Department of
				Environmental Protection, Department of Public Health, Geological Survey,
				Agricultural Experiment station and Extension Service. Federal agencies include
				U.S. EPA (including Office of Pesticides and Toxic Substances, Office of
				Drinking Water, Office of Ground­water Protection, Office of Water
				Regulations and Standards,Office of Solid Wastes, Office of Emergency and
				Remedial Response), Environmental Resource Conservation Service, Consolidated
				Farm Service Agency, Animal and Plant Health Inspection Service, USDA
				Agricultural Research Service, U. S. Army Corps of Engineers, U.S. Forest
				Service, U. S. Bureau of Land Management and U. S. Geological Survey.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-22 - Generic State Management Plan For Pesticides And Fertilizer In Groundwater › Section 61-22-8 - Basis for Assessment and Planning

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Vulnerability Assessment
8.1.a. The assessment of the vulnerability of
				groundwaters to agricultural and non-agricultural point and nonpoint source
				contamination will require the cooperation of state agencies. Information
				concerning soil properties, hydrogeology, aquifer properties, usage of
				pesticides and fertilizers and known contamination will be used to identify
				areas sensitive to point and nonpoint source pollution. These areas will be
				targeted for closer examination by the Department of Agriculture or other
				appropriate agencies.
8.1.b. Data
				required include: Soil properties: physical, chemical and/or biological
				properties; unsaturated zone organic carbon and clay content; and rates of
				water travel through the unsaturated zone. Aquifer properties: depth to
				groundwater; recharge areas; discharge areas; rates of travel in the saturated
				zone; and wellhead protection areas. Irrigation and rainfall data. Pesticide
				and fertilizer usage and leaching data.
8.1.c. Evaluation of the relationships
				between the above factors will be conducted by all participating agencies using
				general integrative techniques such as modeling, DRASTIC, and GIS systems to
				identify areas in the state that appear or are most likely to be vulnerable to
				contamination. However, more weight will be given to actual data than
				predictions due to modeling, as modeling is not a definitive predictor of water
				movement, but the technique is valuable as a reference point.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-22 - Generic State Management Plan For Pesticides And Fertilizer In Groundwater › Section 61-22-9 - Groundwater Contamination Prevention Measures

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. General. Contaminated groundwater can be
				very expensive and sometimes impossible to totally remediate. When
				contamination occurs from point sources, the origin of the pollutant can be
				identified and corrective action taken to prevent further contamination. When
				contamination comes from a nonpoint source, remediation may be more expensive
				than from point source contamination and may not be technologically or
				economically feasible. Prevention of unacceptable contamination from pesticides
				and fertilizers, rather than depending on remediation is the primary goal of
				this plan.
9.2. Point Source
				Management. Any pesticide and fertilizer can contaminate wells or groundwater
				from point sources and all areas of the state can be vulnerable, although areas
				determined to be more vulnerable to contamination from nonpoint sources will
				also be more vulnerable to point source contamination. Because of the
				ubiquitous nature of the point source threat to groundwater, prevention
				measures will apply to all pesticides and fertilizers. Some measures may be
				voluntary while other measures are mandatory and described by statue.
9.2.a. Regulations will be adopted to provide
				for secondary containment at pesticide and fertilizer storage and mixing sites.
				Likewise, regulations will be adopted to provide for mixing/loading pad
				requirements, containment at bulk pesticide and fertilizer storage sites and
				rainwater and surface discharge management at pesticide and fertilizer storage
				and mixing sites.
9.2.b. Animal
				waste storage and management, best management practices and/or regulations will
				be promulgated.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-22 - Generic State Management Plan For Pesticides And Fertilizer In Groundwater › Section 61-22-10 - Information Dissemination

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1.
				General. Many of the participating agencies involved in the development and
				implementation of the state management plan have existing programs designed to
				distribute information associated with their respective responsibilities. Joint
				efforts involving state agencies, dealers, manufacturers, state agricultural
				associations, state commodity groups and national associations, such as the
				Alliance for a Clean Rural Environment
(ACRE), can improve the effectiveness of educational efforts
				  and reach a wider audience. Communications media including magazine,
				  newspapers, radio and television will be utilized.
10.1.a. Three major communication avenues
				will be utilized: licensing and certification, field agents and public
				education on the application of pesticides and fertilizers.
10.1.b. Audiences targeted for educational
				efforts include private applicators (certified and noncertified), dealers,
				commercial pesticide applicators, chemical sales representatives, turfcare
				operators, landowners, managers and home owners.
10.1.c. On-going state-wide educational
				programs will be utilized at each level of enforcement to alert pesticide and
				fertilizer users of voluntary and mandatory management practices and penalties
				for violations. Mechanisms for such a program include: news releases,
				agricultural bulletin articles, direct mail, recertification programs,
				satellite educational broadcasts and special certification for specific active
				ingredients or use patterns.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-22 - Generic State Management Plan For Pesticides And Fertilizer In Groundwater › Section 61-22-12 - Actions in Response to Contamination

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. If contamination is predicted based on
				chemical properties, vulnerability assessment and site vulnerability modelling;
				the prevention philosophy of the State Management Plan will require the
				development of voluntary BMP's to be in place without evidence of
				contamination. Educational programs designed to prevent contamination will
				focus on those products or practices that have the highest probability of
				impacting ground water quality.
12.2. When contamination is detected and
				confirmed by monitoring activities, the well owner will be notified and a site
				investigation will be conducted to determine if the cause as due to a point
				source or a nonpoint source.
12.3.
				If the contamination is determined to be caused by a point source, the case
				will be referred to the appropriate department for investigation of possible
				label or code violations and corrective action. Data will be entered in the
				data base. Concentrations detected will be compared to health-based standards
				and possible remediation considered if standards are exceeded.
12.4. Nonpoint source
12.4.a. If the cause of contamination is
				determined to be due to nonpoint sources, data will be entered into the central
				date base, and additional wells in the area will be monitored and investigated.
				Using the best professional judgement, several options are available to the
				department.
12.4.b. If health-based
				standards are currently exceeded, or if previously obtained monitoring data
				demonstrate an increasing trend of concentrations such that health-based
				standards might be exceeded in the future in the absence of changes in
				management, mandatory practices could be enacted, including possible
				restriction of use in vulnerable areas.
12.4.c. If current levels of contamination do
				not exceed health-based standards and there is no documented trend toward
				exceedance, voluntary BMP's would be implemented along with an educational and
				awareness program in affected areas.
12.4.d. Intensified monitoring would be
				carried out in the affected area to determine the success of BMP's. If
				concentrations found increase over time such that health-based standards might
				be exceeded in the future, mandatory management practices would be
				imposed.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-22 - Generic State Management Plan For Pesticides And Fertilizer In Groundwater › Section 61-22-13 - Public Awareness and Participation

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. A Pesticide and Fertilizer Water
				Quality Management Advisory Committee consisting of scientists with expertise
				in agriculture, pesticides and fertilizers, hydrogeology, well construction and
				maintenance and toxicology and growers will be appointed to provide input into
				development of Management Plans. Public comment will be sought on Management
				Plan components including voluntary and mandatory BMP's. There will be
				opportunity for public input through rulemaking processes should mandatory
				practices be required.
13.2. A
				public awareness program will publicize the State Management Plan and any
				adoption of chemical specific plans. This program will advise the agricultural
				community of opportunities to protect water resources and inform the public of
				water quality protection actions taken and will include but is not limited to:
				public hearings, newsletters, public notices, news releases, personal
				appearances, speaking engagements and select mailings.
13.3. Monitoring results following the
				confirmation of the presence of pesticides and fertilizers will be publicly
				disclosed along with their relationship to health-based standards. Public
				participation and cooperation in the monitoring program will be encouraged. All
				data (with the exception of the name of the owner and the exact location of the
				well to maintain confidentiality) will be made available to individuals or
				organizations conducting research on groundwater contamination and groundwater
				protection practices.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-22 - Generic State Management Plan For Pesticides And Fertilizer In Groundwater › Section 61-22-14 - Records/Reporting of Programs Progress

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. All monitoring records shall be
				compiled in a central data base so that short and long-term evaluations can be
				used to determine the effectiveness of groundwater protection activities.
				Records of results of all point source cases and possible remediation
				activities will be maintained.
14.2. Biennially the West Virginia Department
				of Agriculture will publish a progress report on all activities and make the
				report available to interested parties.
14.3. Quarterly reports on monitoring results
				and program activities will be made to EPA. An annual report of all confirmed
				pesticide and fertilizer detections along with comparative federal health-based
				standards and point/nonpoint source determination will be published and
				submitted annually to EPA and other interested parties. The West Virginia
				Department of Agriculture reserves the right to maintain confidentiality on
				location of tested wells and guarantee the right of privacy to well
				owners.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-22A - Best Management Practices At Temporary Operational For Non-Bulk Pesticide Mixing And Loading Locations › Section 61-22A-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				best management practice establishes the guidelines governing the operation of
				locations used for the storage and mixing and loading of non-bulk pesticides in
				temporary operational areas.
1.2.
				Authority. -- W. Va. Code '19-16A-4.
1.3. Filing Date. -- September 15,
				1992.
1.4. Effective Date. --
				November 1, 1992.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-22A - Best Management Practices At Temporary Operational For Non-Bulk Pesticide Mixing And Loading Locations › Section 61-22A-4 - Recovery, Storage and Use of Discharges

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. All discharges within the operational
				area containment shall be immediately and fully recovered, to the extent
				practicable, using appropriate absorbent materials, pumps or other acceptable
				means. Operational area surfaces exposed to pesticides (concentrate or dilute)
				should be periodically cleaned with all rinsates recovered and properly stored
				or disposed of according to state requirements. Recovered discharges should not
				be stored below ground except as provided in 3.2.c, but could be stored in
				suitable containers above ground provided secondary containment provisions are
				considered. Recovered discharges may be used according to applicable product
				label(s) if appropriate.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-22B - Best Management Practices For Fertilizers And Manures › Section 61-22B-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- The
				rules establish voluntary best management practices to prevent or minimize the
				entry of nutrients from fertilizers and manures into groundwater while
				maintaining and improving the soil and plant resources of this state.
1.2. Authority. -- W. Va. Code '22-12-5(c).
1.3. Filing Date. -- November 5,
				1992.
1.4. Effective Date. --
				December 6, 1992.
1.5. This is a
				new procedural rule.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-22B - Best Management Practices For Fertilizers And Manures › Section 61-22B-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Best
				Management Practices" means activities, procedures and practices to prevent or
				remedy the introduction of fertilizer or manure residues into groundwater to
				the extent technically feasible and economically practical. Best Management
				Practices are designed to maintain the health and long-term productivity of the
				soil, water and related plant and animal resources and to minimize the threat
				of soil, waste and nutrient contamination to the waters of the state.
2.2. "Commissioner" means the commissioner of
				agriculture of the state of West Virginia or his or her duly authorized
				agent.
2.3. "Fertigation" means the
				application of fertilizers or manures by an irrigation system.
2.4. "Fertilizer" means any substance
				containing one or more recognized plant nutrients which is used for its plant
				nutrient content and which is designed for use or claimed to have value in
				promoting plant growth. The term fertilizer does not include agricultural
				liming materials, wood ashes, gypsum, unmanipulated animal or vegetable manures
				and other products exempted by regulation of the commissioner.
2.5. "Manure" means any substance composed of
				excreta of animals, other than man, and may include bedding or other materials
				normally associated with the substance as well as water associated with or
				added to the substance.
2.6.
				"Non-point source" means a diffuse source of substances that have the potential
				to impair the beneficial uses of groundwater resulting from activities over a
				relatively large area, the effects of which must normally be addressed or
				controlled by a management or conservation practice.
2.7. "Point source" means a source of
				substances that have the potential to impair the beneficial uses of groundwater
				resulting from an activity over a small area and generally is limited to
				mixing, loading and storage sites or feedlots. A source is not considered a
				point source until a discharge of substances occurs.
2.8. "Twenty-five (25) year twenty-four (24)
				hour rainfall event" means the maximum 24-hour precipitation event with a
				probable recurrence interval of once in twenty-five (25) years, as defined by
				the National Weather Service, U.S. Department of Commerce, in Technical Paper
				Number 40, "Rainfall Frequency Atlas of the United States", May 1961, and
				subsequent amendments, or equivalent regional or state rainfall probability
				information developed therefrom.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-22B - Best Management Practices For Fertilizers And Manures › Section 61-22B-3 - Protection of Groundwater From Point Sources

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Each person should store and handle
				fertilizers and manures in a manner to prevent pollution by minimizing losses
				to the groundwaters in this state.
3.2. Each person should store fertilizers
				inside a sound structure or device having a cover or roof top, sidewalls, and a
				base sufficient to prevent contact with precipitation and surface water. Each
				person should store manure in a facility that meets or exceeds the standards of
				the Soil Conservation Service Field Office Technical Guide. If these conditions
				are not met then no person should store fertilizer or manure:
3.2.a. without a tarpaulin or other suitable
				covering to prevent seepage or run-off to surface or groundwater;
3.2.b. on land within one hundred (100) feet
				of shallow wells, or wells that do not meet the Water Well Design Standards set
				by WV 64 CSR 46 et seq. (effective June 8, 1984);
3.2.c. on land within fifty (50) feet from
				surface water, including springs, ponds, wet areas or other collection points
				for surface water;
3.2.d. on land
				within fifty (50) feet of an open portal of a sinkhole;
3.2.e. on land that has a slope greater than
				fifteen percent (15%), unless measures are taken to divert runoff of
				precipitation from the slopes above the storage area from the fertilizer or
				manure;
3.2.f. on land that has a
				seasonable groundwater table that is less than two (2) feet from the
				surface;
3.2.g. on land that has
				less than twenty (20) inches of soil over bedrock or an impervious pan;
				or
3.2.h. on land that has a
				reasonable expectation of having a flood event resulting from a twenty-five
				(25) year - twenty-four (24) hour frequency storm during the storage
				period.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-22B - Best Management Practices For Fertilizers And Manures › Section 61-22B-4 - Protection of Groundwater From Non-Point Sources

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. No person should apply manure or
				fertilizers containing nitrogen to land:
4.1.a. with less than ten (10) inches of soil
				over fractured bedrock;
4.1.b. that
				is snow-covered and frozen, frozen or saturated;
4.1.c. within fifty (50) feet of a
				wellhead;
4.1.d. that is in
				imminent danger of being inundated by floodwater; or
4.1.e. that drains into a sinkhole with an
				open portal unless that sinkhole has a twenty (20) foot vegetative buffer zone
				with at least ninety percent (90%) of the land in the buffer zone covered with
				vegetation.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-23 - WV Aquaculture Farm Rules › Section 61-23-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- The
				Commissioner will inspect aquaculture production on a voluntary basis for a
				period of three (3) years. At the end of this three (3) year period the
				Aquaculture Farm Rules shall be reviewed to determine whether the rule should
				become mandatory. Aquaculture producers wishing to participate in the voluntary
				inspection program must apply in writing to the Commissioner. Once a
				pro­ducer enters the voluntary program they will be required to produce
				fish according to all the provisions of this rule for the remaining portion of
				the three (3) year period. The inspections will be conducted on a risk
				assessment basis with the purpose of educating farmers and assuring the
				production of wholesome, unspoiled and unadulterated fish and fishery
				products.
1.2. Authority. -- W. Va.
				Code '19-29-1.
1.3. Filing Date. -- April 5, 1995.
1.4. Effective Date. -- May 1,
				1995.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-23 - WV Aquaculture Farm Rules › Section 61-23-4 - Site Selection and Water Source Critical Control Points

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Aquaculture water sources, except those
				utilizing a public water system certified by State or Local Health Authorities,
				shall be tested for pesticide and chemical residues by the Commissioner at an
				ap­proved laboratory prior to commencing aquaculture
				production.
4.2. Aquaculture water
				sources uti­lizing surface waters, except those sources utilizing a
				pub­lic water system certified by State or Local Health Authorities,
				shall be tested for pesticide and chemi­cal residues by the Commissioner
				at an approved laboratory on at least an annual basis.
4.3. Aquaculture water sources and
				aquaculture production areas shall be tested by the Commis­sioner at an
				approved laboratory whenever the Commissioner suspects contamination.
4.4. The Commissioner may require testing for
				other possible contaminants that he or she con­cludes is necessary to
				protect the safety of consumers.
4.5. Terrestrial livestock shall be excluded
				by fencing or a permanent structure from the immediate vicinity of aquaculture
				water sources and aquaculture production areas where fish are raised for human
				consumption.
4.6. Septic tanks,
				home aeration units, vault privy, or other sewage tanks shall not be located
				within 50 feet of a well or groundwater supply used as an aquaculture water
				source, or aquaculture production areas in order to prevent fecal and other
				contamination of water where fish are raised for human consumption, except that
				tanks or other aquaculture production systems with a barrier preventing
				possible contamination may be located closer.
4.7. Manure and/or sewage sludge shall not be
				applied within 50 feet of an aquaculture water source or aquaculture production
				area.
4.8. Every reasonable effort
				shall be made to keep water used for aquaculture production pure and free from
				contamination.
4.9. Permanent
				records of all analysis of aquaculture water sources and aquaculture production
				areas for contaminants shall be kept.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-23 - WV Aquaculture Farm Rules › Section 61-23-5 - Feed Critical Control Point

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Aquaculture feeds shall conform to the West Virginia Commercial Feed Law (W.
				Va. Code '19-14-1 et seq.) and West
				Virginia Department of Agriculture Commercial Feed rules, 61 CSR 5.
5.2. Medicated feeds shall not contain
				chemotherapeutics or drugs not approved by the U.S. Food and Drug
				Administration Center for Veterinary Medicine and the West Virginia Department
				of Agriculture.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-23 - WV Aquaculture Farm Rules › Section 61-23-7 - Transport

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. All fish
				transported for sale and/or processing by producers participating in this
				voluntary program shall be:
7.1.a. Alive and
				in good health when harvested from the water;
7.1.b. Maintained alive; or maintained in a
				constantlyiced or mechanically refrigerated state ensuring an internal body
				temperature of 40EF (4.4EC) or below; except that:
7.1.b.1. Shellstock shall be maintained in a
				constantly iced or mechanically refrigerated state ensuring an internal body
				temperature of 50EF (10EC) or below after harvest;
7.1.b.2. Shucked shellfish shall be
				maintained in a constantly iced or mechanically refrigerated state ensuring an
				internal temperature of 40EF (4.4EC) or below; and
7.1.b.3. Processed fish that have a
				waterphase salt level of at least 17 percent do not require
				refrigeration.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-23 - WV Aquaculture Farm Rules › Section 61-23-8 - Laboratory Testing

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The
				Commissioner of Agriculture shall establish and maintain or make provisions for
				ap­proved laboratory testing facilities for the purpose of enforcing the
				analytical aspects of this rule.
8.2. The methods used for analyzing samples
				will be those found in the Official Methods of Anal­ysis by the
				Association of Analytical Chemists, 15th edition 1990; or the United States,
				Food and Drug Administrations Bacteriological Analytical Manual, 7th edition,
				1992; or The Pesticide Analytical Manual, Volume I, and II, Foods and Feeds; or
				other methods as approved by the Commissioner.
8.3. The Commissioner shall collect and
				provide for the transportation and analytical testing of all samples
				specifically required by this rule. The cost for additional analytical testing
				required by individual HACCP plans are the individual farmer's
				responsibility.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-23 - WV Aquaculture Farm Rules › Section 61-23-9 - Prohibited Acts

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. It is
				prohibited to:
9.1.a. Produce, hold,
				transport, sell or offer for sale fish or fishery products in violation of this
				rule;
9.1.b. Sell or offer for sale
				any fish or fishery product for human consumption which is adulterated or not
				wholesome;
9.1.c. Remove any tag or
				order affixed by the Commissioner unless the removal is authorized by him or
				her;
9.1.d. Impede, hinder or
				otherwise prevent, or attempt to prevent the Commissioner in the performance of
				his or her duties in connection with the provisions of this rule;
9.1.e. Falsify or falsely log any values on
				any record or records required by this rule;
9.1.f. Remove or dispose of detained,
				embargoed, or quarantined fish or fishery products by sale or otherwise without
				the permission of the Commissioner or the courts; and
9.1.g. Continue aquaculture operations until
				released from the cease and desist order by the Commissioner or the
				courts.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-23 - WV Aquaculture Farm Rules › Section 61-23-10 - Confidentiality of Trade Secrets

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. The Commissioner may not make public
				information which 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 rule,
				this information may be revealed, subject to protective order, to any federal,
				state or local agency consultant or may be revealed, subject to protective
				order, at a closed hearing or in findings of fact issued by the
				commissioner.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-23 - WV Aquaculture Farm Rules › Section 61-23-12 - Enforcement Policy

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1.
				Aquaculture farms will receive a grade of "A", "B", "C", or "Unsatisfactory".
				Farms will be initially inspected at least once every three (3) months for a
				minimum of two (2) inspections. After this initial inspection period:
12.1.a. A grade of "A" will require
				reinspection on at least an annual basis;
12.1.b. A grade of "B" during an inspection
				will require reinspection at least once every six (6) months;
12.1.c. A grade of "C" during an inspection
				will require reinspection at least once every three (3) months; and
12.1.d. An aquaculture farm receiving a grade
				of "Unsatisfactory" will not be permitted to sell fish for use as human food
				until a subsequent inspection results in a grade of "A", "B" or "C".
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-23A - WV Fish Processing Rules › Section 61-23A-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule is intended to provide a vehicle for uniform inspection of fish processing
				facilities in the state with the purpose of assuring the highest quality and
				safety of the finished product as possible.
1.2. Authority. -- W. Va. Code ''19-29-1,3
				and 4.
1.3. Filing Date. -- May 15,
				1998.
1.4. Effective Date. -- June
				15, 1998.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-23A - WV Fish Processing Rules › Section 61-23A-2 - Incorporated by Reference

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				The following documents are adopted in their entirety:
2.1.a. 21 CFR parts 123 and
				1240.60;
2.1.b. The U. S. Food and
				Drug Administration "Fish and Fishery Products Hazards and Controls
				Guide";
2.1.c. The U. S. Food and
				Drug Administration "National Shellfish Sanitation Program Manual of Operations
				Part I Sanitation of Shellfish Growing Areas" & " Part II Sanitation of the
				Harvesting, Processing and Distribution of Shellfish";
2.1.d. 21 CFR part 110 Current Good
				Manufacturing Practice in Manufacturing, Packing, or Holding Human
				Food.
2.1.e. The Seafood List,
				FDA's Guide to Acceptable Market Names for Seafood Sold In Interstate
				Commerce.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-23A - WV Fish Processing Rules › Section 61-23A-4 - Powers and Duties of the Commissioner

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The commissioner may:
4.1.a. Enter and inspect, during reasonable
				hours, any location, except fish hatcheries operated by the State of West
				Virginia or the United States of America, where fish or fishery products are
				processed, sold, stored or transported for human consumption. The inspection
				may include, but is not limited to photographing, video taping, verifying,
				copying, and auditing computer files, records and papers relating to the
				processing of fish for human food as is necessary to determine compliance with
				this rule and to investigate consumer complaints.
4.1.a.1. The inspection also may include, but
				is not limited to photographing, video taping, verifying, and observing the
				premises, vehicles, personnel and activities;
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-23A - WV Fish Processing Rules › Section 61-23A-5 - Hazard Analysis and Hazard Analysis Critical Control Point (HACCP) Plan

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Hazard
				analysis. Every processor shall conduct, or have conducted for it, a hazard
				analysis to determine whether there are food safety hazards that are reasonably
				likely to occur for each kind of fish and fishery product processed by that
				processor and to identify the preventive measures that the processor can apply
				to control those hazards. These food safety hazards can be introduced both
				within and outside the processing plant environment, including food safety
				hazards that can occur before, during, and after harvest. A food safety hazard
				that is reasonably likely to occur is one for which a prudent processor would
				establish controls because experience, illness data, scientific reports, or
				other information provide a basis to conclude that there is a reasonable
				possibility that it will occur in the particular type of fish or fishery
				product being processed in the absence of those controls.
5.2. Every processor shall have and implement
				a written HACCP plan whenever a hazard analysis reveals one or more food safety
				hazards that are reasonably likely to occur, as described in subsection 5.1. of
				this section. A HACCP plan shall be specific to:
5.2.a. Each location where fish and fishery
				products are processed by that processor; and
5.2.b. Each kind of fish and fishery product
				processed by the processor. The plan may group kinds of fish and fishery
				products together, or group kinds of production methods together, if the food
				safety hazards, critical control points, critical limits, and procedures
				required to be identified and performed in subsection 5.3. of this section are
				identical for all fish and fishery products grouped together or for all
				production methods grouped together.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-23A - WV Fish Processing Rules › Section 61-23A-6 - Corrective Actions

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Whenever a
				deviation from a critical limit occurs, a processor shall take corrective
				action either by:
6.1.a. Following a
				corrective action plan that is appropriate for the particular deviation,
				or
6.1.b. Following the procedures
				set forth in subsection 6.3 of this section.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-23A - WV Fish Processing Rules › Section 61-23A-7 - Verification

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Overall
				verification. Every processor shall verify that its HACCP plan is adequate to
				control food safety hazards that are reasonably likely to occur, and that the
				plan is being effectively implemented. Verification shall include, at a
				minimum:
7.1.a. Reassessment of the HACCP
				plan. A reassessment of the adequacy of the HACCP plan is required whenever any
				changes occur that could affect the hazard analysis or alter the HACCP plan in
				any way or at least annually. These changes may include changes in the
				following: Raw materials or the source of raw materials, product formulation,
				processing methods or systems, finished product distribution systems, or the
				intended use or consumers of the finished product. The reassessment shall be
				performed by an individual or individuals who have been trained in accordance
				with section 9 of this rule. Processors are required to immediately modify
				their HACCP plan whenever a reassessment reveals that the plan is no longer
				adequate to fully meet the requirements of section 5 of this rule.
7.1.b. Ongoing verification activities.
				Ongoing verification activities include:
7.1.b.1. A review of any consumer complaints
				that have been received by the processor to determine whether they relate to
				the performance of critical control points or reveal the existence of
				unidentified critical control points;
7.1.b.2. The calibration of process
				monitoring instruments; and,
7.1.b.3. At the option of the processor, the
				performing of periodic end product or in-process testing; and,
7.1.c. Records review. A review,
				including the signing and dating, by an individual who has been trained in
				accordance with section 9 of this rule, of the records that document:
7.1.c.1. The monitoring of critical control
				points. The purpose of this review is, at a minimum, to ensure that the records
				are complete and to verify that they document values that are within the
				critical limits. This review shall occur within 1 week of the day that the
				records are made;
7.1.c.2. The
				taking of corrective actions. The purpose of this review is, at a minimum, to
				ensure that the records are complete and to verify that appropriate corrective
				actions were taken in accordance with section 6 of this rule. This review shall
				occur within 1 week of the day that the records are made; and
7.1.c.3. The calibrating of any process
				control instruments used at critical control points and the performing of any
				periodic end-product or in-process testing that is part of the processor's
				verification activities. The purpose of these reviews is, at a minimum, to
				ensure that the records are complete, and that these activities occurred in
				accordance with the processor's written procedures. These reviews shall occur
				within a reasonable time after the records are made.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-23A - WV Fish Processing Rules › Section 61-23A-8 - Records

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. General record
				requirements. All records required by this section shall include:
8.1.a. The name and location of the processor
				or importer;
8.1.b. The date and
				time of the activity that the record reflects;
8.1.c. The signature or initials of the
				person performing the operation; and
8.1.d. Where appropriate, the identity of the
				product and the production code, if any. Processing and other information shall
				be entered on records at the time that it is observed.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-23A - WV Fish Processing Rules › Section 61-23A-9 - Training

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. In order to
				qualify to perform the following functions, an individual shall submit
				documentation to the Commissioner that he or she has successfully completed
				training in the application of HACCP principles to fish and fishery product
				processing at least equivalent to that received under standardized curriculum
				recognized as adequate by the U.S. Food and Drug Administration or is otherwise
				qualified through job experience to perform these functions. The Commissioner
				may approve job experience to qualify an individual to perform these functions
				if it has provided knowledge at least equivalent to that provided through the
				standardized curriculum as documented by the individual. A qualified individual
				may:
9.1.a. Develop a HACCP plan, which could
				include adapting a model or generic-type HACCP plan, that is appropriate for a
				specific processor, in order to meet the requirements of subsection 5.2 of this
				rule;
9.1.b. Reassess and modify
				the HACCP plan in accordance with the corrective action procedures specified in
				subdivision 6.3.c. of this rule, the HACCP plan in accordance with the
				verification activities specified in subdivision 7.1.a. of this rule, and the
				hazard analysis in accordance with the verification activities specified in
				section 7.3 of this rule; and
9.1.c. Perform the record review required by
				subdivision 7.1.c. of this rule; The qualified individual need not be an
				employee of the processor.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-23A - WV Fish Processing Rules › Section 61-23A-10 - Sanitation Control Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Sanitation SOP. The Commissioner
				recommends each processor have and implement a written sanitation standard
				operating procedure (SSOP) or similar document that is specific to each
				location where fish and fishery products are produced. The Commissioner
				recommends the SSOP specify how the processor will meet those sanitation
				conditions and practices that are to be monitored in accordance with subsection
				10.2 of this section.
10.2.
				Sanitation monitoring. Each processor shall monitor the conditions and
				practices during processing with sufficient frequency to ensure, at a minimum,
				conformance with those conditions and practices specified in 21 CFR Part 110
				adopt­ed by reference in subdivision 2.1.d. of this rule, that are both
				appropriate to the plant and the food being processed and relate to the
				following:
10.2.a. The safety of the water
				that comes into contact with food or food contact surfaces, or is used in the
				manufacture of ice;
10.2.b. The
				condition and cleanliness of food contact surfaces, including utensils, gloves,
				and outer garments;
10.2.c. The
				prevention of cross-contamination from insanitary objects to food, food
				packaging material, and other food contact surfaces, including utensils,
				gloves, and outer garments, and from raw product to cooked product;
10.2.d. The maintenance of hand washing, hand
				sanitizing, and toilet facilities;
10.2.e. The protection of food, food
				packaging material, and food contact surfaces from adulteration with
				lubricants, fuel, pesticides, cleaning compounds, sanitizing agents,
				condensate, and other chemical, physical, and biological
				contaminants;
10.2.f. The proper
				labeling, storage, and use of toxic compounds;
10.2.g. The control of employee health
				conditions that could result in the microbiological contamination of food, food
				packaging materials, and food contact surfaces; and
10.2.h. The exclusion of pests from the food
				plant.
10.2.i. The processor shall
				correct in a timely manner, those sanitation conditions and practices that are
				not met.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-23A - WV Fish Processing Rules › Section 61-23A-11 - Processor Licensing

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. All
				commercial processors in the state of West Virginia shall:
11.1.a. Apply for a fish processing license
				from the Commissioner;
11.1.b.
				Submit a HACCP plan to the Commissioner with the request for licensing;
11.1.b.1. After the review of the HACCP Plan
				is considered adequate, the Commissioner may provisionally approve the HACCP
				Plan. Once the processor has successfully completed all the other requirements
				for licensing and has been issued a license, he/she may operate under the
				provisionally approved HACCP plan. The Commissioner shall review the actual
				operation of the HACCP plan, and may require revisions as necessary to protect
				the health and safety of consumers.
11.1.c. Submit for review and approval
				three(3) complete sets of blueprints or drawings with specifications that fully
				and clearly illustrate plans to which the applicant proposes to have the
				facility constructed or modified;
11.1.d. Submit to the West Virginia
				Department of Agriculture, with the request for licensing, a letter from the
				State or County Health Authorities stating that the plant' sewage system is
				acceptable;
11.1.e. Submit to the
				West Virginia Department of Agriculture, with the request for licensing, a
				letter from the State or County Health Authorities stating that the plant'
				potable water supply has been tested and is acceptable;
11.1.f. Submit the fee required in this
				subdivision along with application for license:
Average Finished
Class
Product Poundage Processed Per Year
Annual Fee
Small
1-25,000
$25.00
Medium
25,001 - 50,000
$50.00
Large
over 50,000
$75.00; and
11.1.g. Submit required materials for each
				location of processing operations on forms prescribed by the
				Commissioner.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-23A - WV Fish Processing Rules › Section 61-23A-12 - Buildings and Facilities

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1.
				The fish or fishery product must be processed in a manner to prevent
				contamination by exposure to areas, utensils, or equipment involved in earlier
				processing steps, refuse, or other safety hazards.
12.2. All utensils and surfaces of equipment
				that contact food during processing shall be cleaned and sanitized with
				effective cleaning and sanitizing preparations at the following intervals:
12.2.a. Cleaned at the end of the days
				operations;
12.2.b. Sanitized
				before the beginning of the days operations; and
12.2.c. Cleaned and sanitized after
				interruptions of the food processing process during which food contact surfaces
				may have become contaminated.