reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-04B - Frozen Desserts and Imitation Frozen Desserts › Section 61-4B-2 - Incorporation 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. Title 21 Code of Federal Regulations
				Chapter 1 Part 135 Frozen Desserts (April 1, 2003).
2.1.b. Title 40 Code of Federal Regulations
				Chapter 1 Subchapter N Part N Part 405 (July 1, 2002).
2.1.c. 17th
				edition of the "Standard Methods for the Examination of Dairy Products"
				published by the American Public Health Association, 1015 Fifteenth Street,
				N.W., Washington, D.C. 20005.
2.1.d. 8th Edition
				and supplements to the "U.S. Food and Drug Administration Bacteriological
				Analytical Manual" published by AOAC International, 481 North Frederick Avenue,
				Suite 500, Gaithersburg, Maryland 20877-2417.
2.1.e. Grade "A" Pasteurized Milk Ordinance,
				2019, published by the Food and Drug Administration 200 "C" Street, SW,
				Washington, D.C. 20204.
2.1.f.
				Title 7 Code of Federal Regulations Subtitle B Chapter 1 Subchapter C Part 58
				Subpart B Requirements for Finished Products Bearing USDA Official
				Identification § 58.648 Microbiological Requirements for Ice
				Cream.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-04B - Frozen Desserts and Imitation Frozen Desserts › Section 61-4B-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. "Active
				cultures" means microorganisms in the viable state that are added to a product
				to produce characteristic qualities in the finished product.
3.2. "Hermetically sealed container" means a
				container that is designed and intended to be secure against the entry of
				microorganisms and thereby maintain the commercial sterility of its contents
				after processing.
3.3. "Milk
				products" includes products made from the milk products from a cow, goat, or
				other milk-producing mammal, as described in W. Va. Code §
									19-11B-2(p).
3.4. "Product" means a frozen dessert or
				imitation frozen dessert.
3.5.
				"Summary suspensions" are suspensions issued in cases where conditions
				constituting a hazard to the public health, safety or welfare require immediate
				action.
3.6. "Sterilized" means the
				condition achieved by the application of heat, chemical sterilant(s) or other
				treatment considered appropriate by the commissioner that renders the product
				or equipment free of viable microorganisms.
3.7. "Validation of Cleaning Procedure (VCP)"
				means the commissioner, or his or her designee, will enter a frozen dessert
				manufacturer's place of operation to observe, evaluate, and to make
				recommendations; such recommendations are to assist the manufacturer and to
				provide educational opportunities, for example, proper cleaning of the frozen
				dessert unit. Any samples collected during a VCP will be considered
				"unofficial," or, in other words, will be part of the educational and
				informational component (part of the VCP only).
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-04B - Frozen Desserts and Imitation Frozen Desserts › Section 61-4B-4 - Definitions and Standards of Identity

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The provisions of 21 CFR Part 135
				establish standards of identity for ice cream, frozen custard, french ice
				cream, french custard ice cream, goat's milk ice cream, goat's milk frozen
				custard, goat's milk trench ice cream, ice milk, goat's milk ice milk,
				mellorine, fruit sherbet and non-fruit sherbet.
4.2. Frozen yogurt is the food which is
				prepared by freezing while stirring a mix consisting of the ingredients
				permitted in ice cream. All dairy ingredients shall be pasteurized or
				ultrapasteurized. Safe and suitable sweetening agents may be used. Such
				ingredients are cultured after pasteurization by one or more strains of
				Lactobacillus bulgaricus and Streptococcus thermophilus. Fruit, nuts, or other
				flavoring materials may be added before or after the mix is pasteurized and
				cultured. The standard plate count requirement for frozen desserts applies only
				to the mix prior to culturing. Frozen yogurt, exclusive of any flavoring, shall
				contain not less than 3.25% milkfat, not less than 8.25% milk solids not fat,
				and have a titratable acidity of not less than 0.3% expressed as lactic acid.
				This characteristic acidity is developed because of the bacterial activity, and
				no heat or bacteriostatic treatment, other than refrigeration, which results in
				destruction or partial destruction of the organisms, shall be applied to the
				product after such culturing. Frozen yogurt finished product shall weigh not
				less than 5 pounds per gallon. On the label the strains of bacteria may be
				collectively referred to as yogurt culture. The name of the food is frozen
				yogurt.
4.3. Frozen dietary dairy
				dessert is a frozen dessert prepared for persons who wish to restrict their
				intake of ordinary sweetening ingredients. It is produced by freezing while
				stirring a pasteurized mix consisting of the ingredients permitted in ice
				cream. It shall contain no sugars other than those naturally present in the
				milk solids or flavoring agents which have been added. It may contain edible
				carbohydrates other than sugars. The name of the food is frozen dietary dairy
				dessert.
4.3.a. The statement "contains %
				milkfat" shall be placed prominently on the label. The blank shall be filled in
				with the percentage of milkfat in the product.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-04B - Frozen Desserts and Imitation Frozen Desserts › Section 61-4B-5 - Frozen Dessert Manufacturer Permit

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The commissioner shall issue a 'frozen
				desserts manufacturer permit' to each manufacturer of frozen desserts or
				imitation frozen desserts. Permits shall be issued for each place of operation
				and are not transferable with respect to persons or locations. The permit may
				be applied to the operation of several freezers at one location. Each freezer
				will be registered with the commissioner on forms provided and will inform the
				commissioner of the addition or removal of freezer(s) from a place of
				operation. Each mobile unit shall be considered as operating at one
				location.
5.2. Individuals,
				churches, fraternal organizations, and other groups or organizations
				manufacturing product for members of their group or their guests on an
				intermittent and infrequent basis are exempt from the permitting requirements
				of W. Va. Code §19-11B- 3.
5.3. A manufacturer shall apply on forms
				supplied by the commissioner and provide any information considered necessary
				by the commissioner. A manufacturer shall apply for the permit at least fifteen
				days before the date that the current permit expires or within fifteen days of
				the date that the person intends to engage in business. A fee set by Appendix
				1, Schedule of Fees shall accompany the application. An additional fee of $2
				shall be charged when a permit is not sought or renewed within the above-stated
				time Resample fee(s) and fines must be paid with the registration fee(s) before
				a permit will be issued. All fees will be collected at the start of the renewal
				period or at a time or interval otherwise determined by the commissioner. All
				fees may be paid before the renewal period if such pre-renewal period payments
				are approved by the commissioner. Permits will expire on March
				31st of each year and must be renewed
				annually.
5.4. The manufacturer
				shall place the permit prominently at the place of operation.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-04B - Frozen Desserts and Imitation Frozen Desserts › Section 61-4B-6 - Labeling

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Any person
				distributing product in a package of any form shall attach a label with the
				following information, except as provided in subsection 6.4 of this rule:
6.1.a. The brand name, if any, and the
				product name. The product name is the name established in the definition or the
				standard of identity, as described in section 4 of this rule, or a name that
				accurately identifies and describes the product. The name shall not be so
				similar to the name of any other food as to be confusing to the average
				consumer;
6.1.b. The quantity of
				the product in the container expressed in pounds, ounces, gallons, pints,
				quarts, or fluid ounces. A combination of numerical count and weight may be
				used for multi-unit packages. In addition to these units, metric declarations
				may be used. All statements of quantity shall be accurate with reasonable
				variations due to packaging allowed;
6.1.c. The name and address of the
				manufacturer, packer, or distributor. The address shall include the city,
				state, and zip code. A street address is required to identify the firm when
				there are several firms of that name in that city or if the street address is
				not available through a city or telephone directory. When the product is not
				manufactured by the firm whose name appears on the label, the name shall be
				qualified by a phrase that reveals the firm's connection with the food such as
				"Manufactured for " or "Distributed by ";
6.1.d. A lot designation or code date to
				provide identification of the product. In addition, if the name on the label is
				not the manufacturer, the lot designation or code date shall identify the
				manufacturer.
6.1.d.A. In the case of mix
				being sold to a retailer, the product shall have a sell by date or expiration
				date on the container.
6.1.e. If ingredient statements or
				nutritional claims are made on the product label or in labeling, the
				requirements of 21 CFR, Part 101, as incorporated by reference in section 2 of
				this rule, must be met.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-04B - Frozen Desserts and Imitation Frozen Desserts › Section 61-4B-7 - Misbranded

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Any product
				referred to in W. Va. Code §
									19-11B-1 et seq. or this rule is
				misbranded if:
7.1.a. Its container is so
				made, formed, labeled or filled as to be misleading;
7.1.b. It purports to be or is represented as
				a food for which a definition or standard of identity has been prescribed in
				section 4 of this rule and its quality does not meet the requirements of the
				definition or standard of identity;
7.1.c. It purports to be or is represented as
				a food for special dietary uses, unless its label bears such information
				concerning its dietary properties as is necessary to fully inform the purchaser
				as to its value for such uses, or
7.1.d. It does not meet the minimum labeling
				requirements for 21 CFR Part 101 "Nutritional Labeling".
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-04B - Frozen Desserts and Imitation Frozen Desserts › Section 61-4B-8 - Adulteration

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. A product is
				adulterated if:
8.1.a. Any substance has been
				added to the product or mixed or packed with the product to make it appear of
				greater value than it is, and the substance is not clearly noted in the
				ingredient statement or by other means on the label;
8.1.b. Any bactericidal substance has been
				added to the product, such as a sanitizer, preservative, or any other chemical
				with bactericidal properties. A product is not adulterated due to the presence
				of any sanitizer residue where the residue is caused as a normal consequence of
				sanitizing the equipment while using standard industry practices;
8.1.c. The bacterial counts, except for
				sterile hermetically sealed products, exceed a count of 50,000 per gram for the
				standard plate count and/or 10 per gram for the coliform group count;
8.1.d. The bacterial counts for sterile
				hermetically sealed product exceed <1 per gram for standard plate count
				and/or <1 per gram for the coliform group;
8.1.e. The manufacturing conditions
				designated by this rule are not met; or
8.1.f. Pathogenic bacteria are in the
				product.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-04B - Frozen Desserts and Imitation Frozen Desserts › Section 61-4B-10 - Prohibited Acts

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. No person
				may use non-pasteurized eggs or egg products in any product unless the product
				is pasteurized after the addition of the eggs or egg products.
10.2. No person may offer for sale,
				transport, or distribute frozen product that has been allowed to exceed a
				temperature of 0°F, except that:
10.2.a. A
				manufacturer may offer for sale at the point of manufacture a soft­serve
				type frozen product whose temperature has not exceeded 41°F at any time;
				and
10.2.b. A person may offer for
				sale at retail any frozen product that is held in small quantities for the
				purpose of softening the product so that it can be dipped if that product
				temperature is not allowed to exceed 41°F at any time.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-04B - Frozen Desserts and Imitation Frozen Desserts › Section 61-4B-11 - Animal Health

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. All
				products shall be made from milk products or milk-derived ingredients from
				herds which are located in a Modified Accredited Tuberculosis Area, Modified
				Accredited Advanced Tuberculosis Area or a Tuberculosis Free Area as determined
				by the U.S. Department of Agriculture, Provided, that herds located in an area
				that fails to maintain such accredited status shall have been accredited by the
				U.S. Department of Agriculture as tuberculosis free, or shall have passed an
				annual tuberculosis test that is performed by a veterinarian accredited by the
				U.S. Department of Agriculture, Animal and Plant Health Inspection
				Service.
11.2. All products shall
				be made from milk products or milk-derived ingredients from herds which are
				under a brucellosis eradication program which meets one of the following
				conditions:
11.2.a. The herd is in a Certified
				Brucellosis Free Area as defined by the U.S. Department of Agriculture and
				enrolled in the testing program for such area;
11.2.b. The herd meets the U.S. Department of
				Agriculture requirements for an individually Certified Brucellosis Free
				Herd;
11.2.c. The herd is
				participating in a milk ring testing program at least four times per year at
				approximately ninety (90) day intervals, and any herd where any animal has a
				positive milk ring test shall have all animals that are producing milk, or that
				have recently produced milk, tested with the milk ring test within thirty (30)
				days from the date of the laboratory ring tests; or
11.2.d. The herd has had an individual blood
				agglutination test annually with an allowable maximum grace period not
				exceeding two months.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-04B - Frozen Desserts and Imitation Frozen Desserts › Section 61-4B-12 - Powers and Duties of the Commissioner

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. The commissioner shall inspect and
				sample product from all frozen desserts and imitation frozen desserts
				manufacturers within the limits of his or her resources.
12.2. The commissioner recommends that each
				frozen dessert and imitation frozen dessert manufacturer supplement the
				sampling performed by the commissioner with tests by an independent
				laboratory.
12.3. All products from
				frozen dessert and imitation frozen dessert manufacturers taken by the
				commissioner for testing are considered to be official product samples unless
				such samples are collected as part of a VCP.
12.3.a. The commissioner may have service
				samples taken of frozen desserts or imitation frozen desserts, and such service
				samples are considered to be unofficial. A manufacturer must contact the
				commissioner to conduct a VCP, and, upon approval of the commissioner, the VCP
				will be scheduled at the manufacturer's place of business. Those in attendance
				at a VCP can include owners, management, and/or other necessary individuals. A
				VCP is not to be used as a replacement for proper training of employees of a
				manufacturer and is solely intended for educational and/or informational
				purposes. A VCP fee will apply as set forth in Appendix 1, excluding travel
				time. No resample fee will be assessed for a VCP. A VCP shall not be conducted
				more than once every 2 years, unless approved or recommended by the
				commissioner.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-04B - Frozen Desserts and Imitation Frozen Desserts › Section 61-4B-13 - Approved Sampling and Testing Methods

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. Procedures for the collection and
				holding of official product samples, the selection and preparation of
				apparatus, media and reagents, and the analytical procedures, incubation,
				reading and reporting of results shall be in compliance with the standards set
				forth in the Standard Methods for the Examination of Dairy Products, the
				Official Methods of Analysis or procedures referenced in 21 CFR Part 135, all
				adopted by reference in section 2 of this rule, or other methods as approved by
				the commissioner, whichever method is applicable to the product being
				tested.
13.2. The Roese-Gottlieb
				Fat Extraction Method of testing for milkfat is adopted as the approved method
				for determining the milkfat content of product and is approved for all milkfat
				testing.
13.2.a. Milkfat tolerances for
				low-fat and nonfat products are +-.15%. Tolerances for the method will be added
				to this tolerance.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-04B - Frozen Desserts and Imitation Frozen Desserts › Section 61-4B-14 - Enforcement Policy for Mix Manufacturers or Distributors

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. The commissioner may assess a fee as
				set forth by W. Va. Code §§
									19-11B-1 et seq. or by this rule
				against the manufacturer of mix(es) and/or the distributor of the mix used to
				manufacture the product.
14.2. The
				commissioner will assess any violations of W. Va. Code §§
									19-11B-1 et seq. or of this rule
				to the mix manufacturer and/or distributor for mix sampled from unopened
				containers. The company will not be assessed additional cumulative notices of
				violations until the commissioner has determined that the mix manufacturer or
				distributor has had adequate notice of the previous notice.
14.3. Whenever one of the last five
				consecutive official product samples taken on separate days are found to be
				adulterated or misbranded, the commissioner shall send a written "First Notice"
				to the mix manufacturer or distributor whichever is appropriate. This notice
				shall notify the mix manufacturer or distributor of the violation of W. Va.
				Code §§
									19-11B-1 et seq. or of this rule
				and the enforcement policy established by this section of the rule.
14.4. Whenever two of the last five
				consecutive official product samples taken on separate days are found to be
				adulterated or misbranded, the commissioner shall send a written "Second
				Notice" to the mix manufacturer or distributor whichever is appropriate.
14.4.a. The commissioner may collect
				additional official mix samples after the Second Notice has been sent to the
				manufacturer or distributor.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-04B - Frozen Desserts and Imitation Frozen Desserts › Section 61-4B-15 - Enforcement Policy for Frozen Dessert or Imitation Frozen Dessert Manufacturers

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1.
				The commissioner may assess a violation or fee as set forth by W. Va. Code
				§§
									19-11B-1 et seq., or as provided
				by this rule, against the manufacturer of product made in the state.
15.1.a. A resample fee of $45 will be
				collected for each collection day after the issuance of a "First
				Notice".
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-04B - Frozen Desserts and Imitation Frozen Desserts › Section 61-4B-16 - Cleaning and Sanitizing

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. The
				manufacturer is responsible for the maintenance, upkeep, cleaning, sanitizing,
				and overall condition of the machine and product for which that machine
				produces. This includes the training of staff in the proper maintenance,
				cleaning, sanitizing, and operation of machine(s) in each permitted
				establishment. It is encouraged that more than one person be trained in the
				proper care and cleaning of the machine(s).
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-04B - Frozen Desserts and Imitation Frozen Desserts › Appendix 1 - Schedule of Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
Permit Fee
$20
Resample Collection Fee
$45
Third Notice Fee
$100
Fourth Notice Fee
$200
Validation of Cleaning Procedure
							 (VCP)
$50/hr. excluding travel time
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-04C - Dairy Products And Imitation Dairy Products › Section 61-4C-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes the requirements governing the manufacture and
				distribution of dairy products and imitation dairy products. Frozen desserts,
				as defined by W. Va. Code, §§
									19-11A-1 et
				seq., will be enforced by W. Va. Code, §§
									19-11b-1 et
				seq., and legislative rules promulgated under that article.
1.2. Authority -- W. Va. Code §
									19-11A-10.
1.3. Filing Date -- April 30, 2004.
1.4. Effective Date -- July 1,
				2004.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-04C - Dairy Products And Imitation Dairy Products › Section 61-4C-2 - Incorporation 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. Title 21 Code of Federal Regulations
				(April 1, 2003).
2.1.b. Title 40
				Code of Federal Regulations (July 1, 2002).
2.1.c. 16th
				edition of the "Standard Methods for the Examination of Dairy Products"
				published by the American Public Health Association, 1015 Fifteenth Street,
				N.W., Washington, D.C 20005.
2.1.d.
				17th Edition and supplements to the Official Methods
				of Analysis of AOAC International (formerly known as the Association of
				Official Analytical Chemists), published by AOAC International, 481 North
				Frederick Avenue, Suite 500, Gaithersburg, Maryland 20877-2417.
2.1.e. 8th Edition
				and supplements to the "U.S. Food and Drug Administration Bacteriological
				Analytical Manual" published by AOAC International, 481 North Frederick Avenue,
				suite 500, Gaithersburg, Maryland 20877-2417.
2.1.f. Grade "A" Pasteurized Milk Ordinance,
				2001, published by the Food and Drug Administration, 200 "C" Street, SW,
				Washington, DC 20204.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-04C - Dairy Products And Imitation Dairy Products › Section 61-4C-4 - Permits

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Permits are
				not transferable with respect to persons or locations.
4.2. An applicant for a permit shall complete
				forms supplied by the commissioner and shall provide any information considered
				necessary by the commissioner.
4.3.
				A permittee shall post his or her permit prominently at the place of
				operation.
4.4. The Commissioner
				shall issue a dairy products distributors permit to each person distributing
				dairy products in this state, even if there is no permanent location maintained
				in this state. A person maintaining multiple permanent locations in this state
				or distributing into this state from several locations shall obtain a permit
				for each location. A person shall apply for a permit at least fifteen days
				before the date that the current permit expires or within fifteen days of the
				date that the person intends to engage in business. The application shall be
				accompanied by a fee of $75.00. The Commissioner shall add a penalty of $100.00
				to all permits that are not applied for or renewed within this time limit.
				Permits expire on the thirty-first day of March following date of
				issue.
4.5. Persons interested in
				distributing a dairy product which is not covered by a standard of identity
				shall obtain a temporary marketing permit prior to the distribution.
4.6. Persons interested in obtaining a
				temporary marketing permit for a dairy product shall apply by letter to the
				commissioner. A label for each product shall be submitted with the
				letter.
4.7. The commissioner has
				thirty days to review the information in the letter and either issue or deny a
				temporary marketing permit.
4.8.
				The commissioner shall issue temporary marketing permits valid for a one-year
				period from the date of issue; however, the commissioner may request
				information supporting the continued approval of the dairy product in the
				interim.
4.9. If no standard of
				identity exists at the time of the permit's expiration date, a person may
				reapply for a temporary marketing permit for the same dairy products.
4.10. The commissioner may suspend
				the temporary marketing permit at any time when he or she finds that the person
				or the dairy product is not in compliance with W. Va. Code, §§
									19-11A-1 et
				seq. or this rule. A dairy product listed on the suspended temporary marketing
				permit must be removed from distribution in this State by the
				permittee.
4.11. Individuals,
				churches, fraternal organizations and other organizations distributing or
				manufacturing product for members of their group or their guests on an
				intermittent and infrequent basis are exempt from the permitting requirements
				of W. Va. Code, §
									19-11A-3.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-04C - Dairy Products And Imitation Dairy Products › Section 61-4C-5 - Labeling

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Each dairy
				product or imitation dairy product for which no standard of identity exists
				must have a label attached with the following information, except as provided
				in subsection 5.5 of this rule:
5.1.a. The
				brand name, if any, and the product name. The product name is the name that
				accurately identifies and describes the product. The name shall not be so
				similar to the name of any other food so as to be confusing to the average
				consumer.
5.1.b. The quantity of
				the product in the container shall be expressed in pounds, ounces, gallons,
				pints, quarts or fluid ounces. A combination of numerical count and weight may
				be used for multi-unit packages. In addition to these units, metric
				declarations may be used. All statements of quantity shall be accurate with
				reasonable variations due to packaging allowed.
5.1.c. The name and address of the
				manufacturer, packer or distributor. The address shall include the city, state
				and zip code. A street address is required to identify the company when there
				are several companies of that name in that city or if the street address is not
				available through a city or telephone directory. When the product is not
				manufactured by the company whose name appears on the label, the name shall be
				qualified by a phrase that reveals the company's connection with the food, such
				as "Manufactured for ________", or "Distributed by ________"; and
5.1.d. A lot designation or code date to
				provide identification of the product. In addition, if the name on the label is
				not the manufacturer, the lot designation or code date shall identify the
				manufacturer.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-04C - Dairy Products And Imitation Dairy Products › Section 61-4C-6 - Misbranded

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Any product
				referred to in W. Va. Code, §§
									19-11A-1 et
				seq. or this rule is misbranded if:
6.1.a.
				its container is so made, formed or filled as to be misleading;
6.1.b. it purports to be or is represented as
				a food for which a definition or standard of identity has been prescribed in
				section 3 of this rule and its quality does not meet the requirements of the
				definition or standard of identity; or
6.1.c. it does not meet minimum labeling
				requirements of 21 CFR Part 101.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-04C - Dairy Products And Imitation Dairy Products › Section 61-4C-7 - Adulteration

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. A dairy
				product or imitation dairy product is adulterated if:
7.1.a. any substance has been added to the
				product or mixed or packed with the product so as to make it appear of greater
				value than it is, and the substance is not clearly noted in the ingredient
				statement or by other means on the label;
7.1.b. the bacterial counts, except for
				sterile hermetically sealed products, exceed a count of fifty thousand (50,000)
				per gram for the standard plate count and/or ten (10) per gram for the coliform
				group count;
7.1.c. the bacterial
				counts for sterile hermetically sealed product exceed 1 per gram for standard
				plate count and/or 1 per gram for the coliform count;
7.1.d. any bactericidal substance has been
				added to the product, such as a sanitizer, preservative or any other chemical
				with bactericidal properties. A product is not adulterated due to the presence
				of any sanitizer residue where the residue is caused as a normal consequence of
				sanitizing the equipment while using standard industry practices;
7.1.e. pathogenic bacteria are in the
				product;
7.1.f. its quality does
				not meet the requirements of the definition or standard of identity as outlined
				in section 3 of this rule; or
7.1.g. its quality does not meet the
				requirements for currently accepted standards by industry and government.
				defined by the Commissioner.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-04C - Dairy Products And Imitation Dairy Products › Section 61-4C-8 - Prohibited Acts

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. A person
				may not use non-pasteurized eggs or egg products in any product unless the
				product is pasteurized subsequent to the addition of the eggs or egg
				products.
8.2. A person may not
				produce any product in equipment that has not been cleaned and
				sanitized.
8.3. A person may not
				use any spilled, overflowed and/or leaked products in manufacturing any other
				product.
8.4. A person may not use
				steel wool or metal sponges for cleaning equipment and utensils used for
				manufacturing.
8.5. A person may
				not use any method for sanitizing that adversely affects the equipment, dairy
				product or the health of the consumers consuming the product. However, the
				commissioner will not prohibit the use of chemicals commonly used in the
				industry for cleaning and sanitizing dairy equipment using normal industry
				practices due to the causing of corrosion of the equipment as long as the
				corrosion caused by such use is minimal.
8.6. A person may not offer for sale,
				transport or distribute frozen product that has been allowed to exceed a
				temperature of 0oF.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-04C - Dairy Products And Imitation Dairy Products › Section 61-4C-9 - Animal Health

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. All
				products shall be made from milk products or milk-derived ingredients from
				herds which are located in a Modified Accredited Tuberculosis Area , Modified
				Accredited Advanced Tuberculosis Area or a Tuberculosis Free Area as determined
				by the U.S. Department of Agriculture, Provided, that herds located in an area
				that fails to maintain accredited status shall have been accredited by the U.S.
				Department of Agriculture as tuberculosis free, or shall have passed an annual
				tuberculosis test that is performed by a veterinarian accredited by the United
				States Department of Agriculture, Animal and Plant Health Inspection
				Service.
9.2. All products shall be
				made from milk products or milk-derived ingredients from herds which are under
				a brucellosis eradication program which meets one of the following conditions:
9.2.a. the herd is located in a Certified
				Brucellosis-free Area as defined by the U.S. Department of Agriculture and
				enrolled in the testing program for that area;
9.2.b. the herd meets the U.S. Department of
				Agriculture requirements for an individually Certified Brucellosis-Free
				Herd;
9.2.c. the herd is
				participating in a milk ring testing program at least four times per year at
				approximately ninety (90) day intervals, and any herd where any animal has a
				positive milk ring test shall have all animals that are producing milk, or that
				have recently produced milk, tested with the milk ring test within thirty (30)
				days from the date of the laboratory ring tests; or
9.2.d. the herd has had an individual blood
				agglutination test annually with an allowable maximum grace period not
				exceeding 2 months.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-04C - Dairy Products And Imitation Dairy Products › Section 61-4C-10 - Powers and Duties of the Commissioner

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. The commissioner shall inspect and
				sample product from all dairy products and imitation dairy products
				distributors within the limits of his or her resources.
10.2. The commissioner recommends that each
				dairy products and imitation dairy products distributor supplement the sampling
				performed by the commissioner with tests by an independent
				laboratory.
10.3. All products from
				dairy products and imitation dairy products distributors taken by the
				commissioner for testing are considered official product samples; except that,
10.3.a. The commissioner may have service
				samples taken of dairy products or imitation dairy products, which would be
				considered unofficial.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-04C - Dairy Products And Imitation Dairy Products › Section 61-4C-11 - Approved Sampling and Testing Methods

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Procedures for the collection and
				holding of official product samples, the selection and preparation of
				apparatus, media and reagents, and the analytical procedures, incubation,
				reading and reporting of results, shall be in compliance with the standards set
				forth in the Standard Methods for the Examination of Dairy Products; the
				Official Methods of Analysis of AOAC International; procedures referenced in 21
				CFR Parts 131, 133, 135, or 166; or other methods as approved by the
				commissioner, whichever method is applicable to the product being
				tested.
11.2. The Roese-Gottlieb
				Fat Extraction Method of testing for milkfat is adopted as the approved method
				for determining the milkfat content of product and is approved for all milkfat
				testing.
11.2.a. Milkfat tolerances for
				lowfat and nonfat products are ± (.15%). Tolerances for the method will
				be added to this tolerance.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-04C - Dairy Products And Imitation Dairy Products › Section 61-4C-12 - Enforcement Policy

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. The
				commissioner may assess a violation of W. Va. Code, §§ 9-11A-1 et
				seq. or of this rule against the manufacturer, distributor and/or retailer of a
				dairy product or an imitation dairy product. Violations may be assessed
				cumulatively by standard of identity, standard of identity and container size,
				sampling location or by distributor depending upon the sampling
				scenario.
12.2. Whenever one of the
				last five consecutive official product samples taken on separate days within a
				one-year period are found to be adulterated or misbranded, the commissioner
				shall send a written "First Notice" to the manufacturer, distributor or
				retailer, whichever is appropriate. This notice shall notify the manufacturer,
				distributor or retailer of the violation of W. Va. Code, §§
									19-11A-1 et
				seq. or of this rule and the enforcement policy established by this section of
				the rule.
12.2.a. The commissioner shall
				collect additional official product samples within twenty-one (21) days of the
				sending of a First Notice to the manufacturer, distributor or retailer, but
				shall not collect product samples before the lapse of 7 days from the sending
				of a First Notice.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-04C - Dairy Products And Imitation Dairy Products › Section 61-4C-13 - Suspensions, Embargo Orders

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1.
				If the commissioner finds that effective corrective action has not been taken
				by the distributor, he or she may issue a suspension of the Dairy Products
				Distributor Permit required in W. Va. Code §
									19-11A-3. The
				suspension shall state the time that the suspension will become effective, give
				the reasons for the suspension and specify a time and place for a hearing to be
				held in this matter. Except that in the case of a summary suspension, the
				commissioner will give the distributor the opportunity to request a hearing in
				this matter subsequent to the notification of the suspension.
13.1.a. All suspensions due to
				non-conformance to subdivisions 7.1.b., 7.1.c. and 7.1.e. of this rule are
				summary suspensions.
13.1.b. A
				suspension of the Dairy Products Distributor Permit remains in effect until the
				distributor submits and the commissioner accepts a written plan of correction
				and a request for a reinstatement of the permit.
13.1.c. The commissioner has seven days from
				the date of receipt of this plan of correction to respond to a suspension in
				the case of violations of subdivisions 7.1.b., 7.1.c. and 7.1.e. of this rule
				and fourteen days to respond for all other violations of W. Va. Code,
				§§
										19-11A-1 et
				seq. or this rule. The commissioner will accept or deny the application for a
				reinstatement of the permit and will give the terms and conditions under which
				the permit will be reinstated.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-04D - Labeling Of Dairy Products For rBST Or rBGH › Section 61-4D-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes mandatory label and labeling guidelines for persons wishing to
				differentiate their dairy products or frozen dessert products as having come
				from cows not treated with rBST. This rule is voluntary only from the respect
				that persons are not required to differentiate their products as coming from
				cows not treated with rBST.
1.2.
				Authority. -- W. Va. Code ''19-11A-10(a) and 19-11B-10(a).
1.3. Filing Date. -- March 31,
				1995.
1.4. Effective Date. -- June
				15, 1995.
1.5. This is a new
				legislative rule.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-04D - Labeling Of Dairy Products For rBST Or rBGH › Section 61-4D-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. All
				definitions are identical to those found in W. Va. Code ''19-11A-2 and
				19-11B-2.
2.2. "Bovine
				somatotropin" if the term is not otherwise modified, means a growth hormone
				that is produced naturally in the pitu­itary glands of cows.
2.3. "rBST" or recombinant bovine
				somatotropin means a fabricated form of bovine somatotropin and for simplicity
				includes the synonymous term rBGH or recombinant bovine growth
				hormone.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-04D - Labeling Of Dairy Products For rBST Or rBGH › Section 61-4D-3 - General Program and Policy

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Differentiating Dairy Products or Frozen
				Desserts through a label or labeling material as coming from cows treated or
				not treated with rBST is not mandatory. Labeling finished products as coming
				from cows treated with rBST is not required due to the FDA's findings that milk
				from rBST treated cows is safe for human consumption. However, per
sons wishing to label their products as coming from cows not
				  treated with rBST must follow the guidelines outlined in this
				  rule.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-04D - Labeling Of Dairy Products For rBST Or rBGH › Section 61-4D-4 - Labeling Statement Guidelines

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Persons wishing to differentiate their
				frozen desserts or dairy products through a product's label or labeling by
				indicating that they are made with or consist of milk coming from cows not
				treated with rBST must use both of the following statements or something
				similar as long as it is not false or misleading in any particular:
4.1.a. "From cows not treated with rBST";
				and,
4.1.b. "No significant
				difference has been shown between milk derived from rBST-treat­ed and
				non-rBST-treated cows."
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-04D - Labeling Of Dairy Products For rBST Or rBGH › Section 61-4D-5 - Prohibited Acts

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The
				following list of labeling statements are prohibited due to the fact that they
				are either false or they may imply a compositional difference and are therefore
				misleading:
5.1.a. "BST Free";
5.1.b. "rBST Free"; or,
5.1.c. "From cows not treated with rBST" when
				this statement is used alone and not in conjunction with the statement in W.
				Va. Code '61-4D-4.1.b.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-04D - Labeling Of Dairy Products For rBST Or rBGH › Section 61-4D-6 - Substantiation of Labeling Claims

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Since there are currently no means of
				differentiating analytically between naturally occurring BST and recombinant
				BST and since there are no measurable compositional differences, the following
				requirements are hereby imposed on any person wishing to label frozen desserts
				or dairy products according to section 4 of this rule. Each person shall:
6.1.a. Maintain verifiable written
				documentation of herds participating in the non-rBST-supplementation program to
				verify this fact. The documentation must include signed certification from the
				manager of each herd to verify the absence of supplemental rBST use.
6.1.a.1. The documentation must include a
				tracking system for all herds that produced the milk as well as the milk
				derived ingredients which are used to make the product for which the claim is
				made; and
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-04D - Labeling Of Dairy Products For rBST Or rBGH › Section 61-4D-7 - Enforcement Policy

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The
				Commissioner may assess a violation of W. Va. Code ''19-11A-1 et seq., 19-11B-1
				et seq. or of this rule against any person believed to be responsible for the
				violation.
7.2. The West Virginia
				Bureau of Public Health will assist the Commissioner of Agriculture in
				enforcing this rule as it applies to milk production and processing areas for
				which the Bureau of Public Health is responsible under West Virginia
				Code.
7.3. The Commissioner may
				take any enforcement action outlined in W. Va. Code ''19-11A-13 or
				19-11B-13.
7.4. Any product not
				labeled in compliance with this rule is considered misbranded and consequently
				prohibited from sale and subject to enforcement action.
7.4.a. However, the Commissioner may provide
				a 30 day exemption in order to allow a person to correct the
				violation.
7.4.b. At the end of
				those 30 days the Commissioner shall embargo any product found in violation of
				this rule and proceed with further enforcement action as he or she considers
				necessary.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-05 - Commercial Feed › Section 61-5-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes guidelines for permits and registrations, label format and
				good manufacturing practices for commercial feeds.
1.2. Authority. -- W. Va. Code §
									19-14-3.
1.3. Filing Date. -- April 25, 2022
1.4. Effective Date. -- April 25,
				2022
1.5. Sunset Date. --This rule
				shall terminate and have no further force or effect on August 1,
				2032.