reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-01 - Animal Disease Control › Section 61-1-13 - Equine Infectious Anemia

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. The Commissioner shall immediately
				quarantine any equine that is found to be an E.I.A. reactor. The quarantine
				shall extend to all exposed E.I.A. Animals and to any place or location that
				the commissioner considers necessary to protect the health of the equines of
				this state.
13.1.a. The Commissioner may
				consider all racehorses handled by the same trainer as exposed E.I.A. Animals.
13.1.b. The Commissioner may
				consider all other equines that have been housed in the same shed row or stall
				area as exposed E.I.A. Animals.
13.1.c. If the E.I.A. reactor has a foal, the
				foal should be isolated from the reactor by the owner as soon as possible after
				birth and E.I.A. tested. Any foal that is found to be an E.I.A. reactor shall
				be placed under quarantine by the Commissioner. If the foal is tested at 12
				months of age and found to be an E.I.A. reactor at that time, then the
				quarantine remains in effect and the Commissioner shall brand the animal.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-01 - Animal Disease Control › Section 61-1-14 - Pseudorabies in Swine

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. A person
				shall not perform a test for pseudorabies on any swine without placing an
				eartag on each animal that is not previously identified with ear notches for
				their purebred registry. The Commissioner shall allow only an USDA approved
				eartags be used for identification of feeder pigs, when eartags are used. The
				person performing the test shall record the sex, age, breed and the
				identification of the animal by the eartag number and shall record the purebred
				registry earnotches.
14.2. The
				Commissioner may prohibit any person from selling, lending, leasing, or trading
				any feeder or breeder swine in this state, or importing into this state or
				exporting out of this state any feeder pig unless that animal:
14.2.a. originates from a pseudorabies
				monitored herd or a qualified pseudorabies negative herd from within this
				state, or from a herd that meets or exceeds the requirements of these herds
				provided by this section; or
14.2.b. has been tested and found to be free
				of pseudorabies within 1 month prior to the movement of the animal or the date
				of the sale; or
14.2.c. originates
				from a Stage V-(Free) state.
14.2.d. The Commissioner may deny any swine
				entrance into the state that have not met the pseudorabies requirements of the
				West Virginia Department of Agriculture.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-01 - Animal Disease Control › Section 61-1-15 - Rules for Hatcheries, Growers and Contractors Pertaining to Poultry Disease Control and Eradication

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1.
				General.
15.1.a. For the purposes of this
				section a flock means a group of poultry that are characteristic of the breed,
				variety, cross or other combination which they are stated to represent.
15.1.b. The owners of any flock
				shall test all poultry on the premises, except for wild birds or unmated and
				segregated birds held for laying purposes, for pullorum-typhoid.
15.1.c. A person shall not maintain a flock
				containing any birds testing positive for pullorum-typhoid without complying
				with the provisions of this section of this rule.
15.1.d. The Commissioner intends for the
				provisions of this section of the rule to supplement, and not supersede, the
				regulations set forth in the National Poultry Improvement Plan and Auxiliary
				Provisions set forth in Title 44 of the Code of Federal Regulations Parts 145
				through 147 (March 22, 2011).
15.1.e. Any person owning a hatchery or a
				flock is responsible for furnishing transportation on the premises and
				necessary labor needed for handling birds at no expense to the Commissioner or
				the tester when needed by the tester to perform his duties under this section
				of the rule.
15.1.f. The
				Commissioner requires that all birds found to be reactors or suspected of being
				a reactor to any disease be removed from the flock and destroyed within 10 days
				after the test was reported. The owner of the birds must certify to the
				Commissioner that the birds were destroyed within 10 days of test results in a
				manner approved by the Commissioner.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-01 - Animal Disease Control › Section 61-1-16 - Laboratory Services and User Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. General.
16.1.a. For the purpose of this section only
				a licensed veterinarian, government-employed animal health technician or a
				person or persons as designated by the Department as being duly qualified to
				submit the samples may submit samples to the laboratory.
16.1.b. The laboratory is prepared to accept
				only submissions for tests and services that are performed by personnel of the
				West Virginia Department of Agriculture. If the laboratory receives other
				submissions, it shall forward them to the proper destination. The user is
				responsible for the costs of services requested and subject to administrative
				costs of forwarding the sample.
16.1.c. The Commissioner of Agriculture may
				waive all fees and requirements under extenuating circumstances.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-01A - Feeding Of Untreated Garbage To Swine › Section 61-1A-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				These legislative regulations establish general operating rules and procedures
				in the Animal Disease Control Division and are established to prevent,
				suppress, control and eradicate communicable diseases of swine.
1.2. Authority. -- W. Va. Code §
									19-9A-1
et seq
.
1.3.
				Filing Date. -- April 15, 2022
1.4.
				Effective Date. -- April 18, 2022
1.5. Sunset Date. -- This rule shall
				terminate and have no further force or effect August 1, 2032.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-01A - Feeding Of Untreated Garbage To Swine › Section 61-1A-2 - Permit For Feeding Garbage To Swine

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. A person shall not feed garbage to swine
				until a permit has been secured from the Commissioner and properly posted on
				the swine feeding premises.
2.2.
				There is no fee for a swine garbage feeding permit.
2.3. A permit to feed cooked garbage to swine
				is not transferrable.
2.4. The
				Commissioner, after receiving an application for a permit to feed cooked
				garbage to swine or to renew the permit, may cause an investigation to be made
				of the garbage feeding premises of the applicant, and all the equipment used
				for heating and treating garbage, to ascertain whether or not the premises and
				equipment are suitable and adequate. If it is found that the premises or
				equipment are inadequate for the heating, treating or feeding of garbage to
				swine, the Commissioner shall withhold until the applicant has provided
				adequate facilities.
2.5. The
				permitee shall keep all premises and equipment that are used for cooking and
				feeding garbage in a sanitary condition.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-01A - Feeding Of Untreated Garbage To Swine › Section 61-1A-3 - Interstate Movement Of Swine Fed Uncooked Garbage

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Swine shall not be imported into this
				State that have been fed or have had access to uncooked garbage. All persons,
				firms, corporations, partnerships or associations, or employees of the same,
				who operate a public market, concentration point, pickup station or any other
				kind of business where livestock is bought, sold, traded or received for
				resale, whether licensed by the Commissioner or not, shall not receive for
				resale, buy, sell or trade in any manner whatsoever any swine that they have
				reason to believe have been fed or have had access to uncooked
				garbage.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-01B - Registration Forms And Tags For Registration, Taxation And Control Of Dogs › Section 61-1B-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				These legislative regulations establish general operating rules and procedures
				in the Animal Disease Control Division and are established to prevent,
				suppress, control and eradicate communicable diseases of dogs.
1.2. Authority. -- W. Va. Code '19-20-4.
1.3. Filing Date. -- May 31, 1985.
1.4. Effective Date. -- May 31,
				1985.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-01B - Registration Forms And Tags For Registration, Taxation And Control Of Dogs › Section 61-1B-2 - Certificate Of Registration

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				The Certificate of Registration and the carbon copy thereof shall contain the
				following information:
2.1.1. Year for which
				tax is paid;
2.1.2. Serial number
				of Certificate of Registration;
2.1.3. Registration tag number;
2.1.4. Date;
2.1.5. Name of owner (keeper or
				harborer);
2.1.6.
				Address;
2.1.7. District;
2.1.8. Description of dog;
2.1.9. Head tax - required fee three dollars
				($3.00);
2.1.10. Amount
				collected.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-01B - Registration Forms And Tags For Registration, Taxation And Control Of Dogs › Section 61-1B-3 - Record Of Registration

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				The Certificate of Registration forms shall be numbered serially and bound in
				books. A duplicate, nonperforated carbon copy of the Certificate of
				Registration shall be left in the book as a record.
3.2. Each dog shall be issued a registration
				tag when the Certificate of Registration is issued.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-01B - Registration Forms And Tags For Registration, Taxation And Control Of Dogs › Section 61-1B-4 - Registration Tags

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				Registration tags shall be manufactured of metal or some other suitable
				substance of a permanent nature and designed with a hole in each end one
				sixteenth (1/16) of an inch in diameter, so that it can be safely and securely
				attached to the animal's collar. The tag shall bear the imprint "West Virginia
				Dog Tax," the county, year and serial number: Provided, That any assessor in
				any county in the state who has forms or tags previously prescribed by the
				Commissioner of Agriculture be allowed to use the same until the present supply
				is exhausted, at which time the forms and tags designated by the regulation
				shall be procured and used. Dogs shall wear a valid registration tag at all
				times.
4.2. The registration tag
				number shall be recorded on the Certificate of Registration.
4.3. Municipalities may prescribe their own
				registration tags for dogs, but they must be clearly distinguishable from those
				issued by the Commissioner.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-01C - Disposal Of Dead Poultry › Section 61-1C-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule regulates the disposal of poultry mortality by persons, firms or
				corporations engaged in growing poultry for commercial purposes.
1.2. Authority. -- W. Va. Code
§
19-9-34A.
1.3.
				Filing Date. -- May 7, 2009.
1.4.
				Effective Date. -- July 1, 2009.
1.5. Repeal of Former Rule -- This
				legislative rule repeals and replaces W.Va. §61CSR1C "West Virginia
				Disposal of Dead Poultry" filed April 23, 1992, and effective April 27,
				1992.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-01C - Disposal Of Dead Poultry › Section 61-1C-3 - Rules Pertaining to the Disposal of Poultry Mortality

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. It is unlawful
				for any person to dispose of, or cause to be disposed of, poultry mortality in
				any manner other than by incinerator, composting, burial in a sanitary
				landfill, burial on private property, or rendering as defined in section 2 of
				this rule.
3.2. The West Virginia
				Department of Agriculture shall permit burial of mass poultry mortality during
				emergency situations for the protection of the public and animal health as
				defined in section 8 of this rule.
3.3. A person shall not transport poultry
				mortality that is the result of a disease outbreak or depopulation to an
				off-farm disposal site without prior approval, granted on a case-by-case basis
				by the Commissioner of Agriculture or his or her representative.
3.4. Facilities designed for the purpose of
				disposal of poultry mortality constructed prior to the effective date of this
				rule are exempt from section 6.2 of this rule.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-01C - Disposal Of Dead Poultry › Section 61-1C-4 - Standards for Incineration

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				Poultry mortality may be disposed of by using a commercial
				incinerator.
4.2. West Virginia
				Department of Environmental Protection shall approve the incinerator and the
				methods used to dispose of poultry mortality. Incinerators shall be registered
				with the West Virginia Department of Environmental Protection Division of Air
				Quality.
4.3. The incinerator
				operation shall be in accordance with the owner's manual and shall result in
				minimal smoke or odor.
4.3.a. Homemade
				incinerators that do not meet air pollution control standards are not an
				acceptable means of incineration. Poultry mortality must be reduced to
				ashes.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-01C - Disposal Of Dead Poultry › Section 61-1C-5 - Standards for Rendering

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Rendering of poultry mortality shall be picked up or delivered to the rendering
				plant within 24 hours of death unless the poultry mortality is frozen or
				refrigerated below 40 degrees Fahrenheit pending pickup or delivery and shall
				be delivered in covered leak-proof containers. All persons shall hold all
				poultry mortality in a container that is leak proof, fly proof, and pet and
				wild animal proof.
5.1.a. The Commissioner of
				Agriculture or his or her representative may approve alternative requirements
				during emergency situations.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-01C - Disposal Of Dead Poultry › Section 61-1C-6 - Standards for Composting

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				Composting requires a covered structure consisting of a roof with an overhang
				and a concrete or otherwise impervious floor to prevent rainwater from reaching
				the composted material. The composter shall be designed and constructed to
				prevent the contamination of ground and surface water.
6.2. The composter shall be located 100 feet
				from surface water, drainage ditches, and wet lands. The composter should be
				located as far from residences and public roads as possible, but at least 150
				feet from the property line. A typical unit will contain two treatment areas. A
				primary treatment area may consist of one or more compartments. The secondary
				treatment area will be one compartment that will receive partially composted
				material from the primary treatment areas. Material in the primary treatment
				area is moved to the secondary area when it has reached a peak temperature of
				140 to 160 degrees Fahrenheit after seven to ten days. The composting process
				is complete when the temperature in the secondary treatment area has reached
				peak temperature of 140 to 160 degrees Fahrenheit after seven to ten
				days.
6.3. Growers shall not
				attempt to compost large numbers of poultry mortality without assistance and
				approval from the West Virginia Department of Agriculture in consultation with
				the USDA Natural Resources Conservation Services and the West Virginia
				Department of Environmental Protection.
6.4. Composting may be used for the disposal
				of mass mortality during an emergency situation. Mass mortality composting may
				be accomplished in the poultry house or at an outside location. In-house
				composting involves placing the poultry mortality and carbon materials in
				windrows inside the poultry house, and allowing the poultry mortality to go
				through the first heating cycle in these windrows. For the second heating cycle
				the windrows may be turned over and restacked in the poultry house, or the
				compost may be removed from the poultry house and restacked at an outdoor
				location. This location shall be situated to prevent the contamination of
				ground and surface water. The West Virginia Department of Agriculture in
				consultation with the USDA Natural Resources Conservation Service and the West
				Virginia Department of Environmental Protection shall select the site for
				composting in an outdoor location.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-01C - Disposal Of Dead Poultry › Section 61-1C-7 - Standards for Landfill Disposal

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Arrangements shall be made with a city,
				county, regional, or private landfill official, representing the landfill, for
				the disposal of poultry mortality in an approved sanitary landfill.
7.2. Vehicles used for transporting poultry
				mortality to a sanitary landfill facility shall be constructed and maintained
				prior to receiving poultry mortality into the vehicle, so that no liquid or
				fluid from the poultry mortality drips or seeps from the vehicle during
				transport.
7.3. The use of a
				refrigeration unit or freezer for cold storage of poultry mortality is
				necessary unless delivered on a daily basis to the sanitary landfill. The
				refrigeration units and freezers shall be animal and vermin proof.
7.3.a. The Commissioner of Agriculture or his
				or her representative may approve alternative requirements during emergency
				situations.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-01C - Disposal Of Dead Poultry › Section 61-1C-8 - Standards for Burial

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. During
				emergency situations, burial of mass poultry mortality may be permitted. USDA
				Natural Resources Conservation Service and the West Virginia Department of
				Environmental Protection shall be consulted on the site selection for mass
				poultry mortality burial.
8.1.a. The burial
				site location must be situated to prevent the contamination of ground and
				surface water.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-01D - 2005 List Of Restricted Live, Modified Live And Killed Vaccines For Animals › Section 61-1D-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				These procedural regulations establish the annual list of restricted use of
				live, modified live and killed vaccines for animals.
1.2. Authority. -- W. Va. Code §
									19-9-2.
1.3. Filing Date. -- May 16, 2005.
1.4. Effective Date. -- May 16,
				2005.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-01D - 2005 List Of Restricted Live, Modified Live And Killed Vaccines For Animals › Section 61-1D-2 - Restricted Animal Vaccine List

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Brucella vaccine may be used only by
				licensed and accredited veterinarians.
2.2. Vaccines for Johne's disease,
				pseudorabies, bluetongue, avian influenza, laryngotracheitis (poultry) and
				anthrax shall not be used by anyone unless or until written authority for such
				use is granted by the Commissioner.
2.3. No person may sell rabies vaccine to
				other than a licensed veterinarian or person authorized by county commission to
				conduct rabies clinics or an establishment that legally sells such vaccines to
				such persons licensed or authorized to use such preparations.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-02 - West Virginia Apiary Law › Section 61-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes general operating rules and procedures for the
				inspection of apiaries, control of bee diseases, and limitation of liability
				for beekeepers.
1.2. Authority. --
				W. Va. Code §
									19-13-3, §
									19-13-4
1.3. Filing Date. -- April 24, 2023
1.4. Effective Date. - May 1, 2023
1.5. Sunset Date. -- This rule shall
				terminate and have no further force or effect on August 1, 2033.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-02 - West Virginia Apiary Law › Section 61-2-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Africanized
				Honey Bee (AHB)" means hybrids of the African Honey Bee with various European
				honey bees and which are far more aggressive than the European
				subspecies.
2.2. "Apiarist or
				beekeeper" means a person keeping bees.
2.3. "Apiculture or beekeeping" means the
				management of beehives.
2.4. "Bee
				Sting" means an injury sustained and inflicted by a worker honey bee.
2.5. "Beehive" means a removable framed
				housing for a honey bee colony.
2.6. "Caution sign" means a standardized sign
				with black print on yellow background for posting on or near an apiary as a
				precaution that honey bees are in the area.
2.7. "Drawn comb" means cells which have been
				drawn out into three dimensional hexagonal shapes using beeswax manufactured by
				honey bees and used to store resources or raise brood in a colony.
2.8. "Flight path" means the distinct route
				taken by many bees leaving from or returning to their hive.
2.9. "Honey extraction" means the removal of
				honey from combs.
2.10. "Honey
				flow" means the gathering of nectar from flora by honey bees.
2.11. "Honeycomb" means removable frames,
				containing wax cells which house honey, pollen, or brood (eggs, larvae,
				pupae).
2.12. "Inspector" means a
				West Virginia Department of Agriculture inspector or personnel who is
				authorized to conduct official inspections on behalf of the
				Department.
2.13. "Pollination"
				means the transfer of pollen by honey bees from anthers to stigmas of flowers
				for the purpose of plant fertilization.
2.14. "Queen" means an adult, mated female
				that lives in a honey bee colony or hive.
2.15. "Robbing" means bees attempting to
				access honey stored or spilled in another hive.
2.16. "Staging area" means a collection site
				for holding colonies prior to shipment.
2.17. "Swarm" means a cluster or flying mass
				of Honey Bees including workers, queen, and drones.
2.18. "Undeveloped property" means any idle
				land that has no structures or facilities intended for human use or occupancy.
				Property used exclusively for streets, highways, or commercial agriculture is
				to be considered undeveloped property for the purpose of the West Virginia
				Honey Bee Best Management Practices (HBBMP).
2.19. "Water supply" means any available
				source bees could use for water such as, but not limited to, water taps, hoses,
				pools, hot tubs, streams, ponds, puddles, etc.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-02 - West Virginia Apiary Law › Section 61-2-3 - Registration of bees; Identification of apiaries

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The Commissioner shall furnish an
				application for registration of bees to all person known to keep bees. The
				Commissioner shall mail the applications during the month of June to all
				persons who have registered their bees during the previous year. Upon receipt
				of a properly executed bee registration application, the Commissioner shall
				issue a certificate of registration which will be based upon the information
				provided on the application.
3.2.
				All apiary certificates of registration expire on June 30 of each year, and
				shall be renewed annually. The Commissioner shall prepare renewal applications
				and make them available no later than June 1 of each year.
3.3. Any person who plans to import bees on
				drawn comb shall request a permit for entry from the Commissioner at least ten
				(10) days prior to the arrival of the bees. A valid certificate of inspection
				from the state of origin identifying any bee diseases that are affecting the
				bees and the extent of the bee diseases, if any, must accompany the request.
3.3.a. Any person who plans to import vacant
				used bee equipment into the state shall request a permit for entry from the
				Commissioner at least ten (10) days prior to the arrival of the bee equipment.
				A valid certificate of the inspection from the state of origin identifying any
				bee diseases in the bees that were in the equipment, and stating that the
				treatment has been made, if any, to the vacated equipment shall accompany the
				request.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-02 - West Virginia Apiary Law › Section 61-2-4 - Limits on Liability

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. A
				beekeeper may obtain limits on liability when he or she:
4.1.a. Signs a Honey Bee Best Management
				Practices compliance agreement to be kept on file at the West Virginia
				Department of Agriculture headquarters; and
4.1.b. Voluntarily conforms with Honey Bee
				Best Management Practices contained in subsection 4.2. of this rule.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-02 - West Virginia Apiary Law › Section 61-2-5 - Right of entry; Apiary inspections; Quarantines

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. An inspector shall inspect a colony of
				bees by removing three (3) or more frames containing developing brood from the
				hive and examining both sides for evidence of bee disease.
5.2. A person shall not keep or maintain bees
				in any hive or receptacle which does not permit the thorough examination of the
				brood combs.
5.2.a. Whenever and wherever an
				inspector finds that the inspection of bees is impossible due to the keeping of
				bees in hives or other receptacles not equipped to permit the examination of
				brood combs, the inspector shall inform the beekeeper in writing of the
				condition, provided that no transmissible bee disease is found in the environs
				of the hives or other receptacles. The beekeeper has twelve (12) months from
				the initial date of notification to correct the condition. Whenever or wherever
				these conditions are not corrected within 12 months from the date of
				notification of the beekeeper, the Commissioner shall quarantine the colonies
				until the condition is corrected.
5.2.b. If a transmissible bee disease is
				confirmed by laboratory analysis in the Department's laboratory or by the
				United States Department of Agriculture - Agricultural Research Service in the
				environs of an apiary equipped with hives or receptacles which do not permit
				the thorough examination of the brood combs, the colonies contained in the
				hives or receptacles shall be considered affected with the confirmed bee
				diseases and shall be destroyed or sterilized. In order to protect the
				beekeeping industry, the Commissioner shall require immediate destruction of
				the hives or receptacles.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-02A - Labeling Of Imported Honey, Honey Products Or Honey Bee By-Products, Adulterated Honey, Honey Products Or Honey Bee By-Products Rule › Section 61-2A-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes guidelines for the labeling of imported or
				adulterated honey, honey products and honey bee by-products packaged for sale
				in West Virginia.
1.2. Authority.
				-- W. Va. Code §
									19-1-4(j).
1.3. Filing Date. -- April 13,
				2012.
1.4. Effective Date. -- July
				1, 2012.
1.5. Enforcement. -- The
				Department of Agriculture is responsible for enforcing the provisions of this
				rule.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-02A - Labeling Of Imported Honey, Honey Products Or Honey Bee By-Products, Adulterated Honey, Honey Products Or Honey Bee By-Products Rule › Section 61-2A-3 - Country of Origin Labeling - Honey, Honey Products, Honey Bee By-products

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Label marking
				permitted; removal prohibited.
3.1.a. All
				producers, growers and shippers of bee pollen, royal jelly and honey in this
				state may mark each individual package of bee pollen, royal jelly or package of
				honey on the principal display panel in a conspicuous place as legibly,
				indelibly and permanently as possible to indicate to an ultimate purchaser that
				the product was produced in West Virginia. A vendor shall mark individually,
				any package of bee pollen, royal jelly or package of honey, including any
				package containing imported honey blended with domestic honey offered for sale
				in West Virginia in a conspicuous place as legibly, indelibly and permanently
				as possible by the vendor of the product to indicate to an ultimate purchaser
				the country or countries of origin.
3.1.b. Any vendor engaged in the business of
				the vending of bee pollen, royal jelly or honey who is engaged in the business
				of selling products labeled or identified as to origin shall not willfully and
				knowingly remove the labels or identifying marks.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-02A - Labeling Of Imported Honey, Honey Products Or Honey Bee By-Products, Adulterated Honey, Honey Products Or Honey Bee By-Products Rule › Section 61-2A-4 - Adulteration of Honey and Honey Products

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The following conditions are prima facie
				evidence of "adulteration of honey or honey product" sold or offered for sale
				as honey and the honey product is subject to the provisions of W. Va. Code
				§
									19-2D-1 et
				seq. Imitation Honey Product Law.
4.1.a. The
				product has a maltose content in excess of 10%;
4.1.b. The product contains oligosaccharides
				indicative of invert syrup;
4.1.c.
				The absolute value of Stable Carbon Isotope Ratio Analysis (SCIRA) is not more
				negative than -20.0 for the product; and
4.1.d. The product has a protein value minus
				honey value more negative than -1.0 by the SCIRA Standard.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-02A - Labeling Of Imported Honey, Honey Products Or Honey Bee By-Products, Adulterated Honey, Honey Products Or Honey Bee By-Products Rule › Section 61-2A-5 - Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. If the
				Commissioner finds evidence that a vendor is in violation of this rule, the
				Commissioner may quarantine all honey products from which the sample is taken
				and shall assess the penalties as provided in W. Va. Code §
									19-2-11,
				shall charge the vendor a penalty to recover the costs of testing and may
				assess other penalties provided by W. Va. Code §
									19-2D-3.
5.1.a. Upon receipt of documentation from the
				vendor that fulfills packaging and labeling requirements adopted by the State
				of West Virginia, the Food and Drug Administration and the Federal Trade
				Commission, pursuant to the Fair Packaging and Labeling Act, 15 United States
				Code §§ 1451-1461 et seq. and fulfills requirements as set forth in
				3.1.a. and W. Va. Code §
										19-2D-2,
				Imitation Honey Product Law, Labeling, the Commissioner may lift the
				quarantine.
5.1.b. In order to
				protect the beekeeping industry, the Commissioner shall require destruction of
				the honey product from which the sample is taken if the documentation set forth
				in subdivision 5.1.a. of this rule is not received within 90 days from notice
				to the vendor when the sample is taken.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-03 - State Aid For Fairs And Festivals › Section 61-3-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes general procedures relating to fairs and festivals
				in West Virginia, conducted by agricultural or industrial associations,
				organizations or individuals, that promote agriculture, agricultural businesses
				or further the industrial development of the State.
1.2. Authority. -- W. Va. Code §
									19-7-1.
1.3. Filing Date. -- June 21, 2002.
1.4. Effective Date. -- June 21,
				2002.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-03 - State Aid For Fairs And Festivals › Section 61-3-2 - Administrative

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Associations,
				organizations or individuals, not operated for profit, entitled to benefits as
				provided in these rules, shall submit to the Commissioner of Agriculture a
				brief description of the activities, the date and location of the event, the
				name and address of the president and the secretary of the event.
2.2. At the discretion of the Commissioner or
				by legislative intent, events may be funded. The amount shall not exceed twenty
				thousand dollars per event. In the event that there is more than one
				organization, association, or individual in a county that requests and receives
				funding, the aggregate sum shall not exceed fifty thousand dollars.
2.3. Once the appropriation for an event has
				been made, the association, organization or the individual shall submit on
				forms as prescribed by the Commissioner, at a minimum, the following
				information:
2.3.a. An acceptance letter
				stating that the guidelines of the event have been met.
2.3.b. A budget for the event, showing at a
				minimum the total income and expensesof the event.
2.3.c. The Federal Employer's Identification
				Number (FEIN) of the event.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-04 - Traditional Cheese Production › Section 61-4-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes operating rules and procedures for traditional
				cheese production.
1.2. Authority.
				-- W. Va. Code '19-11D-3.
1.3. Filing Date. -- May 23, 2001.
1.4. Effective Date. -- July 1,
				2001.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-04 - Traditional Cheese Production › Section 61-4-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Commissioner"
				means the Commissioner of Agriculture of the State of West Virginia or his or
				her duly authorized agent.
2.2.
				"Acceptable Milk" means milk, or cream from the milk, which meets the
				requirements as to sight and odor, sediments, bacterial content, inhibitory
				substances, and which has been produced in compliance with the provisions set
				forth in this Rule.
2.3. "Barnyard"
				means an enclosed or unenclosed area adjacent to the milking barn which may
				include housing areas and feedlots in which the animals may
				congregate.
2.4. "Cheese Kitchen"
				means a facility for the handling and cooling of milk, processing, aging, and
				packaging of cheese, and for washing, handling, and storing cheese making
				utensils and equipment.
2.5. "Dairy
				farm" or "farm" means a place or premises where one or more milking animals are
				kept, a part or all of the milk produced on the farm being used in the
				production of cheese by the incorporation of traditional methods
2.6. "Inspection" means the inspection of the
				dairy farm premises, buildings, animals, equipment, utensils, water supply, and
				facilities and procedures used in the production of milk and/or cream for
				cheese production purposes.
2.7.
				"Inspector" means a qualified, trained person employed by the West Virginia
				Department of Agriculture or any person designated by the Commissioner to
				inspect dairy farms and cheese production by traditional methods.
2.8. "Inhibitory Substances" include
				antibiotics and pesticides not registered for use on lactating dairy animals,
				and other substances as determined by the Commissioner.
2.9. "Milk" means the normal lacteal
				secretion, practically free from colostrum, obtained by the complete milking of
				one or more healthy cows.
2.10.
				"Milkhouse or Milkroom" means a room at the facility for handling and cooling
				milk and for washing and storing milking equipment and utensils.
2.11. "Person" means any individual, firm,
				co-partnership, corporation, cooperative association, cooperative corporation
				or unincorporated association.
2.12. "Producer" means the person or persons
				who exercise control over the production of cow' milk on a West Virginia dairy
				farm, where the milk or the cream from the milk is used to manufacture cheese
				through the use of traditional methods.
2.13. "Traditional Method" means cheese
				production techniques which have been handed down to the producer' family
				and/or community through several generations of cheese makers. The production
				of this cheese is, in part, for the preservation of the heritage of the
				producer' family and/or community.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-04 - Traditional Cheese Production › Section 61-4-3 - Minimum Quality Standards

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Acceptable milk for the manufacture of cheese by traditional methods shall meet
				the following methods:
3.1.1. Sight and odor.
				The milk shall be free from visible foreign matter. It shall not be curdled,
				ropy, bloody, or mastitic as indicated by sight or odor. It shall be free from
				feed odors or other objectionable odors;
3.1.2. Temperature. Milk shall be cooled to
				45 degrees Fahrenheit or lower within two hours after milking and shall be
				maintained at 45 degrees Fahrenheit or lower until used to manufacture cheese
				by traditional methods;
3.1.3.
				Bacterial limits. Milk from an individual producer shall not exceed 1,000,000
				bacterial count per milliliter as determined by standard plate count;
3.1.4. Inhibitory substances. No inhibitory
				substances are permitted in milk; and
3.1.5. Sediment. Milk should not have more
				than 1.5 mg of sediment as determined by the Standard Methods for the
				Examination of Dairy Products.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-04 - Traditional Cheese Production › Section 61-4-4 - Minimum Testing Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. At
				least once each month at irregular intervals the producer shall take samples of
				the milk. The samples shall be tested for compliance with the standards set
				forth in this Rule and are subject to the abnormal milk provisions of this
				Rule. Additional samples may also be collected by the inspector.
4.2. Samples shall be analyzed at an approved
				official or officially designated laboratory. All sampling procedures and
				required laboratory examinations shall be in substantial compliance with the
				current edition of "Standard Methods for the Examination of Dairy Products"
				published by the American Public Health Association, 1015 Eighteenth Street, N.
				W., Washington, D. C. 20036 and/or the current edition of "Official Methods of
				Analysis of the Association of Official Analytical Chemists" published by the
				Association of Official Analytical Chemists, Suite 400, 2200 Wilson Boulevard,
				Arlington, Virginia 22201.
4.3. The
				inspector should arrange to visit each producer who continually does not meet
				the requirements for acceptable milk, for the purpose of inspecting equipment,
				utensils, and facilities at the farm and to offer constructive assistance for
				improvement in the quality of the milk.
4.4. Concurrent with all test results made to
				a producer regarding bacteria counts, sediment, or inhibited substances, the
				laboratory shall send a copy of the results to the designated representative of
				the Commissioner.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-04 - Traditional Cheese Production › Section 61-4-5 - Inhibitory Substances

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The
				milk from a dairy farm containing an inhibitory substance, the producer shall
				not use any more milk produced by such farm for at least two days following the
				test to manufacture cheese. The producer shall not use any more milk until the
				production from the farm has been found to be free of inhibitory substances.
				The two-day exclusionary provisions cited shall be increased to three days for
				a repeat violation within six months, and shall be increased to four days for
				subsequent violations within that period.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-04 - Traditional Cheese Production › Section 61-4-6 - Abnormal Milk

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. A producer
				shall not use milk for cheese manufacturing which is found to be abnormal by
				sight or odor, which is from animals that show evidence of the secretion of
				abnormal milk in one or more quarters, or which is from animals that have
				consumed chemical, medicinal, or radioactive agents that may be secreted in the
				milk. Equipment, containers, and utensils used to handle abnormal milk shall be
				cleaned and sanitized by the producer before they are used for milk for
				manufacturing purposes. The equipment shall meet the construction requirements
				set forth in this Rule. Milk from animals treated with or exposed to pesticides
				not approved for use on dairy animals by the U. S. Environmental Protection
				Agency shall not be used for manufacturing purposes until the milk has been
				tested and found acceptable by the Commissioner.
6.2. When a confirmatory test on a routine
				sample indicates a somatic cell count above 1,000,000 cells per milliliter, the
				Commissioner shall send written notification of the unsatisfactory cell count
				to the producer.
6.3. When two out
				of the last four routine samples have a somatic cell count above 1,000,000
				cells per milliliter, the Commissioner shall send a written notice of the
				counts to the producer and a representative of the Commissioner shall contact
				the producer to endeavor to determine and eliminate the source of the violative
				cell count.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-04 - Traditional Cheese Production › Section 61-4-7 - Adulteration

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The producer
				shall not use milk for traditional methods if it is adulterated. Milk is
				considered to be adulterated if it contains any poisonous or deleterious
				substances, does not meet the quality standards set forth in this Rule, has
				been produced, processed, or held under unsanitary conditions, contains added
				water, is from a species other than cows, or contains bacteria in excess of
				those standards set forth in this Rule.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-04 - Traditional Cheese Production › Section 61-4-9 - Milkhouse B Cleanliness

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. If the
				farm has a milkhouse, the producer shall meet the following requirements;
9.1.1. The milkhouse structure, equipment,
				and other milkhouse facilities used in its operation shall be kept clean at all
				times;
9.1.2. The milkhouse and its
				appurtenances shall be free of trash, animals, and fowl;
9.1.3. Pesticides or unapproved antibiotics
				shall not be stored in this room and when they are used they shall be used in
				accordance with label instructions so as to prevent contamination of the
				milk.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-04 - Traditional Cheese Production › Section 61-4-10 - Milking Barn or Parlor Construction and Maintenance

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Each farm shall have a milking barn or
				milking parlor of adequate size and arrangement to permit normal sanitary
				milking operations. It shall be well lighted and ventilated, and the floors and
				gutters in the milking area shall be constructed of concrete or other
				impervious material.
10.2. The
				facility shall be kept clean, with the manure removed daily and stored to
				prevent access of animals to the accumulation of the manure; and no swine or
				fowl shall be permitted in any part of the milking area.
10.3. If milk is exposed during straining or
				transferring in the milking areas it shall be protected from falling particles
				from areas above the milking facility.