West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-10 - Fresh Food Act › Section 61-10-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Commissioner"
				means the West Virginia Commissioner of Agriculture, or his or her
				designee.
2.2. "Department" means
				the West Virginia Department of Agriculture.
2.3. "Fiscal year" means the period from July
				1 to June 30 of each year, and corresponds to the time of the state budget
				adopted by the West Virginia Legislature.
2.4. "Fresh Food Act" or "Act" means the West
				Virginia Fresh Food Act, codified at W. Va. Code §§
									19-37-1
et seq
.
2.5.
				"Meat" means beef, sheep, goat, venison, fish or other farm-raised animal,
				other than poultry.
2.6. "Milk or
				other dairy products" means and includes fluid milk produced by one or more
				healthy hooved lactating mammals and all products produced from milk with a
				standard of identity provided for in 21 CFR Part 131 . For purposes of this
				rule, cheese and other related cheese products shall be included as a milk
				product.
2.7. "Minimal Processing"
				means modifications of raw agricultural products that do not change the
				fundamental characteristics of the product. Examples include, but are not
				limited to, refrigerating, freezing, peeling, slicing, dicing, cutting,
				chopping, shucking, grinding, forming ground products into patties without any
				additives or fillers, drying, dehydrating, washing, packaging, vacuum packing
				and bagging, adding ascorbic acid or other preservatives to prevent oxidation,
				butchering livestock and poultry and cleaning fish.
2.8. "Poultry" means any farm-raised
				bird.
2.9. "Processing" means
				washing, cleaning, milling, cutting, chopping, heating, pasteurizing,
				blanching, cooking, canning, freezing, drying, dehydrating, mixing, packaging
				or other procedures that alter the food from its natural state. This may
				include the addition of other ingredients to the food, such as preservatives,
				flavors, nutrients and other food additives or substances approved for use in
				food products, such as salt, sugars and fats. The term "processing" does not
				include "minimal processing" for purposes of qualifying as a West Virginia food
				or West Virginia product.
2.10.
				"Produce" means minimally processed fruits, vegetables, nuts, legumes or
				similar products.
2.11.
				"State-funded Institutions" means facilities, ventures or organizations, such
				as, but not limited to, schools, colleges, correctional facilities,
				governmental agencies and state parks, that receive state funding. For purposes
				of this rule, each department, division, agency, board, commission, or other
				unit or sub-unit of government is considered to be a separate state-funded
				institution.
2.12. "West Virginia
				food distributor" means an individual or business entity with a legal presence
				in West Virginia that transports, aggregates or resells West Virginia produce,
				meat or poultry.
2.13. "West
				Virginia foods" means food products, including but not limited to meat,
				poultry, produce, milk, or other dairy products, that are either totally grown,
				produced, or processed in West Virginia, or which have at least 50% of the
				total value added in West Virginia by in-state producers. Products that have
				been certified as part of the Department's West Virginia Grown program are
				presumed to qualify for this designation.
2.14. "West Virginia Producer" means an
				individual, farm or business entity that produces or processes West Virginia
				foods within the state of West Virginia.