West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-08E - Controlled Atmosphere Storage Of Apples › Section 61-8E-2 - Administrative

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. This rule is
				for the purpose of implementing W. Va. Code §
									19-5a-1
				et. seq. pertaining to the Controlled Atmosphere Storage of Apples.
2.2. Inspections made and certificates issued
				by inspectors of the West Virginia Department of Agriculture or comparable
				inspections of cooperating government inspectors shall be prima facie evidence
				of compliance or noncompliance with the provision of this article.
2.3. The WV-CA number and state lot number
				shall be shown in letters and numbers not less than one-fourth (1/4) inch in
				height and shall appear on all master cartons or shipping containers. Such
				numbers may be shown but are not required on primary consumer containers. Bulk
				bins and field crates may be identified by means of labels attached to each
				container when shipped in commerce for repacking as CA fruit, such shipping and
				repacking must be done under the supervision of a state inspector. Cost of such
				supervision shall be borne by the applicant.
2.4. Any person who owns or operates a
				controlled atmosphere room or storage building located outside of West Virginia
				or who engages at a place outside of this State in the business of packing or
				repacking apples which have been held in controlled atmosphere storage and who
				intends to or who does market in the State of West Virginia apples so treated
				and represented as having been exposed to "Controlled Atmosphere
				Storage't shall be subject to the sane requirements
				as any person located within this State: Provided, That where such person has
				registered with the proper authorities in the state of origin and has been
				licensed and assigned a registration or CA number under the authority of laws
				or regulations of such state, and such laws are comparable to article five-a,
				Code of West Virginia, he may engage in West Virginia commerce on the basis of
				such registration:
Provided, That he shall have been issued a federal,
				  federal-state or state certificate certifying compliance with that comparable
				  state law and regulations and that all container markings are consistent with
				  the provisions of the West Virginia CA Law.
2.5. Any person selling or placing in transit
				for first shipment of delivery any apples designated or identified as CA stored
				shall furnish an invoice or bill of lading showing the assigned CA number, a
				state lot number and the number and date of the official certificate certifying
				the compliance of same.
2.6. A
				licensee shall submit to the commissioner within thirty (30) days after the CA
				room is filled and sealed, a report showing the quantity, lot or sublot
				identify by variety of the apples held and the date of sealing. If any apples
				other than samples are removed prior to the expiration of the minimum holding
				period or final opening he shall notify the commissioner in writing within
				three (3) days stating the quantity and identity of the apples
				removed.