reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-23A - WV Fish Processing Rules › Section 61-23A-13 - Equipment

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. All plant
				equipment and utensils must be properly maintained and designed and of such
				material and workmanship as to be adequately cleaned, sanitized and corrosion
				resistant. The design, construction, and use of equipment must prevent the
				contamination of food with lubricants, fuel, metal, fragments, wood fragments,
				contaminated water, or any other contaminants. All equipment must be installed
				and maintained as to facilitate the cleaning and sanitizing of the equipment
				and all adjacent spaces. Surfaces that contact food must be corrosion resistant
				when in contact with food. Food contact surfaces must be made of nontoxic
				materials and designed to withstand the environment of their intended purpose
				and the action of the food, and cleaning and sanitizing agents. Food contact
				surfaces must be maintained to protect the food from being contaminated from
				any source, including unlawful indirect food additives.
13.2. The containers used to transport, brine
				or store fish shall not be nested while they contain fish or otherwise handled
				during processing or storage in a manner conductive to contamination of their
				contents.
13.3. The cleaning and
				sanitizing of utensils and portable equipment shall be conducted in an area set
				aside for these purposes or in a segregated fashion so as to prevent
				contamination of the food.
13.4.
				Each freezer and cold storage compartment used to store and hold food shall be
				fitted with a thermometer or temperature recording device installed to show the
				temperature accurately within the compartment.
13.5. Instruments and controls used for
				measuring, regulating, or recording temperatures shall be accurate and
				maintained on a regular schedule, and adequate in number for their designated
				uses.
13.6. Thermometers or other
				temperature-measuring devices shall have an accuracy of + or - 2E Fahrenheit
				and graduations shall not exceed 2E Fahrenheit within a range of 10E Fahrenheit
				of the processing temperature. The accuracy of these devices shall be
				maintained.
13.7. Compressed air or
				other gases used to clean food-contact surfaces or equipment shall be treated
				or filtered in such a way that food is not contaminated with unlawful indirect
				food additives.
13.8. Each smoking
				chamber shall be equipped with a temperature monitoring device.
13.9. Equipment and utensils shall be
				positively marked or segregated in some way to ensure that equipment and
				utensils used to handle raw fish or fishery products are not used to handle
				fish or fishery products which have entered the smoking chamber or cooked
				ready-to-eat fish or fishery products until they are properly cleaned and
				sanitized.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-23A - WV Fish Processing Rules › Section 61-23A-15 - Employees

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. All employees
				shall thoroughly wash and sanitize their hands and forearms before starting
				work. All employees shall wash and sanitize hands during work hours as often as
				necessary to remove soil and contamination, after working with raw fish
				products, before handling ready-to-eat products, after visiting the toilet
				room, after using tobacco, or after eating or drinking.
15.2. Effective hair and beard restraints
				shall be used by employees who process, prepare or handle food to keep exposed
				hair and beards from food or food contact surfaces.
15.3. No person shall use tobacco, eat, or
				drink in food receiving, processing, packaging, storage or handling
				areas.
15.4. Employees shall
				maintain a high degree of personal cleanliness and shall conform to good
				hygienic practices during all working periods. Personal cleanliness includes
				clean clothing.
15.5. Employees
				shall remove all insecure jewelry, and shall remove from the hands and forearms
				any jewelry that cannot be properly sanitized.
15.6. Employees who have an illness, skin
				infections or communicable forms of infection, including but not limited to
				cuts, burns, boils, abrasions, wounds, open lesions or bandages on the hands,
				face or forearms shall not perform work activities in which there is a
				likelihood of contaminating food, food packaging or food contact surfaces until
				the medical condition is corrected. It is the duty of the supervisor to ask
				employees about such medical conditions and the duty of the employee to report
				them prior to the start of each workshift.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-23A - WV Fish Processing Rules › Section 61-23A-16 - Transport

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

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. The
				Commissioner of Agriculture shall establish and maintain or make provisions for
				approved laboratory testing facilities for the purpose of enforcing the
				analytical aspects of this rule.
17.2. The methods used for analyzing samples
				will be those found in the most recent editions of the Official Methods of
				Analysis by the Association of Analytical Chemists, or the United States, Food
				and Drug Administrations Bacteriological Analytical Manual, or The Pesticide
				Analytical Manual, Volume I, and II, Foods and Feeds; or other methods as
				approved by the commissioner.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-23A - WV Fish Processing Rules › Section 61-23A-18 - Prohibited Acts

Current through Register Vol. XLI, No. 28, July 12, 2024
18.1. It is
				unlawful to:
18.1.a. Produce, hold,
				transport, sell or offer for sale fish, or fishery products in violation of
				this rule;
18.1.b. Sell or offer
				for sale any fish or fishery product for human consumption which is adulterated
				or not wholesome;
18.1.c. Remove
				any tag or order affixed by the Commissioner unless the removal is authorized
				by him or her;
18.1.d. Impede,
				hinder or otherwise prevent, or attempt to prevent the Commissioner in the
				performance of his or her duties in connection with the provisions of this
				rule;
18.1.e. Falsify or falsely
				log any values on any record or records required by this rule;
18.1.f. Remove or dispose of detained,
				embargoed, or quarantined fish or fishery products by sale or otherwise without
				the permission of the Commissioner or the courts;
18.1.g. Continue fish processing operations
				until released from the embargo or cease and desist order by the Commissioner
				or the courts;
18.1.h. Process,
				sell or offer for sale to the public any molluscan shellfish unless it is
				obtained from a shellfish dealer listed in the most recent monthly publication
				of the Interstate Certified Shellfish Shippers List published by the U.S. Food
				and Drug Administration;
18.1.i.
				Sell or offer for sale fish or fishery products unless the label displays the
				acceptable market name or common name specified for the species in the most
				recent publication of "The Seafood List, FDA's Guide to Acceptable Market Names
				for Seafood Sold In Interstate Commerce"
18.1.j. Process fish or fishery products for
				sale unless the processor is licensed and inspected by the
				Commissioner;
18.1.k. Sell or offer
				for sale, fish or fishery products for human consumption which contain levels
				of chemicals or drugs in excess of the action levels listed in the tables in
				this subdivision:
18.1.k.a. Table 1 - Action
				levels for chemicals in Fish and Fishery products.
Chemical
Action Level
Aldrin plus Dieldrin
0.3 ppm
Chlordane
0.3 ppm
Endrin
0.3 ppm
Heptachlor plus Heptachlor epoxide
0.3 ppm
Chlordecone
0.3 ppm
DDT plus TDE plus DDE
5.0 ppm
Mirex
0.1 ppm
Toxaphene
5.0 ppm
PCB
2.0 ppm
Methyl Mercury
1.0 ppm
Sulfite (Shrimp only)
100.0 ppm
18.1.k.b. Table 2 - Action levels for drugs
				in Fish and Fishery products.
Drug
Action Level
Oxytetracycline
0.1 ppm
Sulfamerazine
0.0 ppm
Sulfadimethoxine plus ormetoprim
0.1 ppm; or
18.1.l. Slaughter or process products other
				than fishery products in a licensed fish processing facility.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-23A - WV Fish Processing Rules › Section 61-23A-19 - Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
19.1. Civil
				Penalties
19.1.a. Any person violating any of
				the provisions of this rule may be assessed a civil penalty of up to five
				hundred dollars for a first offense and up to five thousand dollars for
				subsequent offenses. In determining the amount of the civil penalty, the
				commissioner shall give due consideration to the history of previous violations
				of any person; the seriousness of the violation, including any irreparable harm
				to the environment, any hazards to the health and safety of the public and any
				economic damages to the public; and the demonstrated good faith of any person
				charged in attempting to achieve compliance with this rule before and after
				written notification of the violation.
19.1.b. The civil penalty is payable to the
				West Virginia Department of Agriculture and is collectable in any manner now or
				hereafter provided for the collection of debt. If any person liable to pay the
				civil penalty neglects or refuses to pay the same, the amount of the civil
				penalty, together with interest at ten percent, is a lien in favor of the state
				of West Virginia upon the property, both real and personal, of that person
				after the lien has been entered and docketed to record in the county where such
				property is situated. The clerk of the county, upon receipt of the certified
				copy of the lien, shall enter the lien to record without requiring payment of
				costs as a condition precedent to recording.
19.1.c. Nothing in this rule shall be
				construed as requiring the Commissioner to assess a civil penalty or to
				institute an embargo, detainment, quarantine or cease and desist order for
				violation of this rule when he or she believes that the public interest may
				best be served by a written notice of violation.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-23A - WV Fish Processing Rules › Section 61-23A-20 - Confidentiality of Trade Secrets

Current through Register Vol. XLI, No. 28, July 12, 2024
20.1. The commissioner may not make public
				information which relates to trade secrets and procedures, commercial or
				financial information obtained from a person or privileged or confidential
				information: Provided that when the information is necessary to carry out the
				provisions of this rule, this information may be revealed, subject to
				protective order, to any federal, state or local agency consultant or may be
				revealed, subject to protective order, at a closed hearing or in findings of
				fact issued by the commissioner.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-23A - WV Fish Processing Rules › Section 61-23A-21 - Enforcement Policy

Current through Register Vol. XLI, No. 28, July 12, 2024
21.1. The
				Commissioner shall inspect fish processors on a risk assessment basis with the
				purpose of assuring wholesome, unspoiled and unadulterated fish and fishery
				products. All processors inspected will receive a grade of "A", "B", "C", or
				"Unsatisfactory". After an initial inspection processors earning:
21.1.a. A grade of "A" during an inspection
				will require reinspection at least once every three months;
21.1.b. A grade of "B" during an inspection
				will require reinspection at least once every two months;
21.1.c. A grade of "C" during an inspection
				will require reinspection at least once every month;
21.1.d. A grade of "Unsatisfactory" during an
				inspection shall result in the suspension of the Fish Processing License. When
				reinspection of the plant results in a grade of C or higher the Commissioner
				may reinstate the Aquaculture Processing License; and
21.1.e. A grade of "Failure" during an
				inspection shall result in the revocation of the "Fish Processing License"
				until the processor successfully reapplies for and is issued a new
				license.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-23A - WV Fish Processing Rules › Section 61-23A-22 - Humane Slaughter

Current through Register Vol. XLI, No. 28, July 12, 2024
22.1. Fish,
				before being cut, must be rendered insensible to pain by a single blow, or by
				electrical, chemical, temperature or other means that is safe, rapid and
				effective; or
22.2. By slaughtering
				in accordance with any method of humane slaughter approved by the United States
				department of agriculture; or
22.3.
				By slaughtering in accordance with any method of humane slaughter approved by
				the commissioner.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-23B - West Virginia Molluscan Shellfish Rule › Section 61-23B-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				Establishes the minimum requirements necessary to regulate the interstate and
				intrastate commerce of molluscan shellfish and to establish a program to
				protect the public health of consumers by assuring the sale or distribution of
				shellfish from safe sources and assuring shellfish have not been adulterated
				during cultivating, harvesting, processing, shipping, or handling.
1.2. Authority. -- W. Va. Code §
									19-29-1, 3-4.
1.3. Filing Date. -- April 5, 2024.
1.4. Effective Date. -- April 8,
				2024.
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 61-23B - West Virginia Molluscan Shellfish Rule › Section 61-23B-2 - Incorporated by Reference

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The
				following documents are adopted in their entirety:
2.1.a. 21 CFR 123 and
				21 CFR
				1240.60;
2.1.b. The U. S. Food and Drug
				Administration's "Fish and Fishery Products Hazards and Controls
				Guide";
2.1.c. 21 CFR part 110
				Current Good Manufacturing Practice in Manufacturing, Packing, or Holding Human
				Food;
2.1.d. The Seafood List, U.
				S. Food and Drug Administration's Guide to Acceptable Market Names for Seafood
				Sold in Interstate Commerce; and
2.1.e. The National Shellfish Sanitation
				Program Guide for the Control of Molluscan Shellfish Model Ordinance as
				published by the U. S. Food and Drug Administration. Copies can be obtained
				through the Interstate Shellfish Sanitation Conference web page, at
http://www.issc.org
.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-23B - West Virginia Molluscan Shellfish Rule › Section 61-23B-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. In addition to
				definitions contained in the definition section of the Model Ordinance the
				following words and terms, when used in this rule, have the following meaning
				unless the context clearly indicates otherwise.
3.1.a. "Adulterated" means a fish or fishery
				product carries or contains any poisonous or deleterious substance or compound
				or pathogen in a quantity that may render it injurious to human health; was
				produced, processed, transported or held under unsanitary conditions; was
				treated with or exposed to chemicals, chemotherapeutics (drugs), heavy metals,
				pesticides, temperatures or any conditions in a manner that violates this rule;
				or was not produced according to an approved Hazard Analysis Critical Control
				Point (HACCP) plan.
3.1.b.
				"Commissioner" or "commissioner" means the Commissioner of the West Virginia
				Department of Agriculture or his or her designee.
3.1.c. "Fish" means fresh or saltwater
				finfish, crustaceans, and other forms of aquatic life (including but not
				limited to, alligators, frogs, aquatic turtles, jellyfishes, and sea urchins
				and the roe of those animals) other than birds or mammals, and mollusks, where
				the animal life is intended for human consumption.
3.1.d. "Food Safety Hazard" means any
				biological, chemical, or physical property that may cause a food to be unsafe
				for human consumption.
3.1.e.
				"ISSC" means the Interstate Shellfish Sanitation Conference.
3.1.f. "Official Sample" means any sample of
				water, soil, fish, shellfish, feed, drugs, pesticides, other ingredients,
				containers, or products taken by the commissioner in accordance with this
				rule.
3.1.g. "Shellfish" means all
				species of:
3.1.g.1. Oysters, clams, or
				mussels, whether;
3.1.g.1.A. Shucked or in the
				shell;
3.1.g.1.B. Raw, including
				post-harvest processed;
3.1.g.1.C.
				Frozen or unfrozen;
3.1.g.1.D.
				Whole or in part; and
3.1.g.2. Scallops in any form, except when
				the final product form is the adductor muscle only.
3.1.h. "Wholesale" means any sale to any
				other person than the ultimate consumer or his or her family.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-23B - West Virginia Molluscan Shellfish Rule › Section 61-23B-4 - Powers and Duties of the Commissioner

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The commissioner may:
4.1.a. Enter and inspect, during reasonable
				hours, any location, where shellfish are processed, sold, stored, or
				transported for human consumption. The inspection may include, but is not
				limited to, photographing, videotaping, verifying, copying, and auditing
				computer files, records and papers relating to the processing of fish or
				shellfish for human food as is necessary to determine compliance with this rule
				and to investigate consumer complaints;
4.1.a.1. The inspection also may include, but
				is not limited to, photographing, videotaping, verifying, and observing the
				premises, vehicles, personnel, and activities.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-23B - West Virginia Molluscan Shellfish Rule › Section 61-23B-5 - Certification

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. All commercial
				processors in the state of West Virginia shall:
5.1.a. Apply for a shellfish processors
				certificate and fall into at least one of the following categories:
5.1.a.1. Shellstock Shipper (SS);
5.1.a.2. Shucker - Packer (SP);
5.1.a.3. Repacker (RP);
5.1.a.4. Reshipper (RS); or
5.1.a.5. Depuration Processor (DP).
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-23B - West Virginia Molluscan Shellfish Rule › Section 61-23B-6 - Laboratory Testing

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The
				Commissioner of Agriculture shall establish and maintain or contract with an
				approved laboratory testing facilities for the purpose of enforcing the
				analytical aspects of this rule.
6.2. The methods used for analyzing samples
				shall be those found in the Official Methods of Analysis by the Association of
				Analytical Chemists, or the United States Food and Drug Administration
				Bacteriological Analytical Manual, or The Pesticide Analytical Manual, Volume
				I, and II, Foods and Feeds. The laboratory may use other methods approved by
				the commissioner or approved by the National Shellfish Sanitation Program under
				the most recent version of the Guide for the Control of Molluscan Shellfish.
				Only laboratories certified by a Laboratory Evaluation Officer in accordance
				with the NSSP Guide may analyze samples using NSSP methods.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-23B - West Virginia Molluscan Shellfish Rule › Section 61-23B-7 - Prohibited Acts

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. It is
				unlawful to:
7.1.a. Produce, hold, transport,
				sell or offer for sale shellfish in violation of this rule;
7.1.b. Sell or offer for sale shellfish for
				human consumption which is adulterated or not wholesome;
7.1.c. Remove any tag or order affixed by the
				commissioner, unless the removal is authorized by him or her;
7.1.d. Impede, hinder, or otherwise prevent,
				or attempt to prevent the commissioner in the performance of his or her duties
				in connection with the provisions of this rule;
7.1.e. Falsify or falsely log any values on
				any record or records required by this rule;
7.1.f. Remove or dispose of detained,
				embargoed, or quarantined shellfish by sale or otherwise without the permission
				of the commissioner or the courts;
7.1.g. Continue shellfish operations until
				released from the embargo or cease and desist order issued by the commissioner
				or the courts;
7.1.h. Process, sell
				or offer for sale to the public any molluscan shellfish, unless it is obtained
				from a shellfish dealer listed in the most recent monthly publication of the
				Interstate Certified Shellfish Shippers as List published by the U.S. Food and
				Drug Administration;
7.1.i. Sell or
				offer for sale shellfish, unless the label displays the acceptable market name
				or common name specified for the species in the most recent publication of "The
				Seafood List, FDA's Guide to Acceptable Market Names for Seafood Sold in
				Interstate Commerce"; or
7.1.j.
				Process shellfish for sale unless the processor has a valid certificate and has
				been inspected by the commissioner or his or her designee.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-23B - West Virginia Molluscan Shellfish Rule › Section 61-23B-8 - Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Civil
				Penalties.
8.1.a. The commissioner may assess
				any person violating any of the provisions of this rule a civil penalty of up
				to five hundred dollars for a first offense and up to five thousand dollars for
				subsequent offenses. In determining the amount of the civil penalty, the
				commissioner shall give due consideration to: the history of previous
				violations of that person; the seriousness of the violation, including any
				irreparable harm to the environment; any hazards to the health and safety of
				the public and any economic damages to the public; and the demonstrated good
				faith of the person charged in attempting to achieve compliance with this rule
				before and after written notification of the violation.
8.1.b. The civil penalty is payable to the
				West Virginia Department of Agriculture and is collectable in any manner now or
				hereafter provided for the collection of debt. If any person liable to pay the
				civil penalty neglects or refuses to pay it, the amount of the civil penalty,
				together with interest at ten percent, is a lien in favor of the state of West
				Virginia upon the property, both real and personal, of that person after the
				lien has been entered and docketed to the record in the county where the
				property is situated. The clerk of the county, upon receipt of the certified
				copy of the lien, shall enter the lien to the record without requiring payment
				of costs as a condition precedent to recording.
8.1.c. Nothing in this rule shall be
				construed as requiring the commissioner to assess a civil penalty or to
				institute an embargo, detainment, quarantine or cease and desist order for
				violation of this rule when he or she believes that the public interest may
				best be served by a written notice of violation.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-23B - West Virginia Molluscan Shellfish Rule › Section 61-23B-9 - Confidentiality of Trade Secrets

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. The commissioner may not make public,
				information which relates to trade secrets and procedures, commercial or
				financial information obtained from a person or privileged or confidential
				information: Provided that when the information is necessary to carry out the
				provisions of this rule, this information may be revealed, subject to
				protective order, to any federal, state or local agency consultant or may be
				revealed, subject to protective order, at a closed hearing or in findings of
				fact issued by the commissioner.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-23D - Inspection of Nontraditional, Domesticated Animals › Section 61-23D-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				This rule governs the inspection of nontraditional domesticated animals such as
				antelope, bison, buffalo, deer, elk, reindeer, and rabbit and edible products
				derived from these animals and implements the requirements of W. Va. Code
				§
									19-29-1 et seq. "Production of
				Nontraditional Agriculture Products". W. Va. Code §
									19-29-4 authorizes the
				Commissioner of Agriculture to promulgate rules to provide inspection of such
				animals, meat, and meat products.
1.2. Authority. -- W. Va. Code §§
									19-29-1 and
				§19-29-4.
1.3. Filing Date. --
				April 13, 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 61-23D - Inspection of Nontraditional, Domesticated Animals › Section 61-23D-2 - Incorporation by Reference of Federal Regulations on Inspection of Exotic Animals and Rabbits

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The
				Regulations on Inspection of Exotic Animals ( 9 CFR, Part 352 ) and Inspection
				of Rabbits and Edible Products Thereof ( 9 CFR, Part 354 ) of the United States
				Department of Agriculture are incorporated by reference in this rule with the
				exception of sections 352.5; 352.7 (a) and (b); 354.1 (n) and (u); 354.2 (a),
				(b), and (c); 354.20 through 354.33; 354.63 (c); 354.64; 354.65; 354.100
				through 354.110; 354.143; 354.160; 354.161; 354.162; and 354.248 of the
				regulations which are not incorporated.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-23D - Inspection of Nontraditional, Domesticated Animals › Section 61-23D-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Definitions in the incorporated parts of the Federal regulations (9 CFR, Parts
				352 and
				354) are amended to read as
				follows:
3.1.1. "The Act" means the W. Va.
				Code §
										19-29-1 et seq.
3.1.2. "The United States Department of
				Agriculture" means the West Virginia Department of Agriculture.
3.1.3. "Secretary" means the Commissioner of
				Agriculture.
3.1.4.
				"Administrator", "Regional Director", and "Area Supervisor" mean the Director
				of the Meat Inspection Division of the West Virginia Department of
				Agriculture.
3.1.5. "The Food
				Safety and Inspection Service", "Service", and "Program" mean the Meat
				Inspection Division of the West Virginia Department of Agriculture.
3.1.6. "Official Plant" means an
				establishment licensed by the Commissioner of Agriculture.
3.1.7. "Exotic Animal" means a nontraditional
				animal domesticated from wild stock, either native or nonnative, including
				rabbits.
3.1.8. "U. S. Inspected"
				means West Virginia Department of Agriculture Inspected.
3.1.9. "U. S. Suspect" means West Virginia
				Department of Agriculture Suspect.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-23D - Inspection of Nontraditional, Domesticated Animals › Section 61-23D-4 - The Place of Slaughter and Processing of Nontraditional, Domesticated Animals

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The
				slaughter and processing of nontraditional, domesticated animals may take place
				at any official plant.
4.2. The
				slaughter and processing of rabbits which are U.S. Inspected and intended for
				sale in commercial outlets shall take place in rabbit slaughterhouses or rabbit
				meat processing establishments constructed according to the technical and
				sanitary provisions of the incorporated Federal regulations (9 CFR, Part
				354).
4.3. The slaughter of rabbits exempt from
				inspection as provided by subsections 6.2 or 6.3 of this rule may take place at
				any official plant or on such premises that are registered with the
				Commissioner for the purpose of rabbit slaughter and processing.
4.4. The slaughter and processing of
				nontraditional domesticated animals may be conducted at official plants
				provided that the slaughter and processing operations are separated in time or
				space from the slaughter and processing of cattle, swine, sheep, and goats. The
				carcasses of nontraditional, domesticated animals and products derived from
				these animals shall be kept physically separated and properly identified to
				avoid any possibility of commingling products.
4.5. The slaughter of rabbits exempt from
				inspection as provided by subsection 6.3 of this rule may take place at the
				same premises where they were raised if the premises is registered with the
				Commissioner and the slaughter and processing is performed in a sanitary
				manner.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-23D - Inspection of Nontraditional, Domesticated Animals › Section 61-23D-5 - Official Inspection Marks

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Official
				Inspection Marks for Nontraditional, Domesticated Animals, Carcasses and
				Products Derived Therefrom, Except for Rabbits.
5.1.1. An authorized employee of the West
				Virginia Department of Agriculture or a plant employee working under his or her
				direct supervision shall apply the official inspection mark to inspected and
				passed carcasses and parts of carcasses.
5.1.2. The official inspection mark shall be
				in the form of a triangle and arrangement as shown in the example in this
				subdivision. The triangle side shall be approximately 2-1/2 inches (6.4 cm)
				long. It shall follow the wording: "West Virginia Department of Agriculture,
				Inspected and Passed", or its abbreviations as approved by the Director of the
				Meat Inspection Division. The number of the establishment where the animal was
				slaughtered or prepared, shall be used in lieu of "00".
Click Here
				  To View Image
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-23D - Inspection of Nontraditional, Domesticated Animals › Section 61-23D-6 - Exemptions

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. This rule
				shall not apply to nontraditional, domesticated animals which are slaughtered
				and/or processed and are not intended for sale in commercial outlets.
6.2. Up to twenty thousand (20,000) rabbits
				per calendar year slaughtered and/or processed at an official plant are exempt
				from antemortem, postmortem, and processing inspection, provided that the
				rabbits are slaughtered and processed at an establishment licensed by the
				Commissioner of Agriculture and approved for rabbit slaughter
				operations.
6.3. Up to twenty
				thousand (20,000) rabbits per calendar year slaughtered and/or processed at the
				premises where they were raised are exempt from antemortem, postmortem, and
				processing inspection, and are eligible to enter commerce.
6.3.a. The rabbits shall be slaughtered and
				processed using procedures submitted to and approved by WVDA and the premises
				shall be registered with the Commissioner of Agriculture.
6.3.b. Rabbit producers must keep sale and
				production records for a minimum of two years, and must provide those to a WVDA
				compliance officer/inspector if and when requested.
6.3.c. Slaughter facilities operated pursuant
				to this exemption may be visited by a WVDA compliance officer/inspector without
				notice.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-23D - Inspection of Nontraditional, Domesticated Animals › Section 61-23D-7 - Overtime and Holiday Inspection Service

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The management
				of a licensed establishment shall reimburse the Department for the cost of
				inspection service furnished on any holiday as specified in subsection 7.3 of
				this Section, or for providing more than forty (40) hours in any administrative
				workweek Saturday through Friday.
7.2. When a licensed establishment requires
				inspection service on a holiday or for more than eight (8) hours on any other
				day, it shall request the veterinary supervisor to furnish inspection during
				such period. The request shall be made at least seven (7) days before the
				holiday and at least two (2) days in advance of planned overtime.
7.3. Holidays are specified in W. Va. Code
				§
									2-2-1 et seq.
7.4. The Commissioner shall determine from
				time to time the rate for overtime and holiday services.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-24 - West Virginia Spay Neuter Assistance Program › Section 61-24-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule sets forth the requirements for the West Virginia Spay Neuter Assistance
				Program. The purpose of this rule is to establish a spay neuter assistance
				program to have more dogs and cats sterilized, and provide a rabies vaccination
				if the animal is not currently vaccinated, thereby reducing shelter populations
				and costs, euthanasia rates and threats to public health and safety from rabies
				and other problems posed by the growing population of stray, feral and
				abandoned dogs and cats.
1.2.
				Authority. -- W. Va. Code § 19-20C-1
1.3. Filing Date. - April 30, 2020
1.4. Effective Date. - April 30,
				2020
1.5. Sunset Date. -- This rule
				shall terminate and have no further effect April 30, 2030.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-24 - West Virginia Spay Neuter Assistance Program › Section 61-24-2 - Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. This rule is
				enforced by the Commissioner of the Department of Agriculture.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-24 - West Virginia Spay Neuter Assistance Program › Section 61-24-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. "Animal" means
				a dog or cat that has not been spayed or neutered:
3.2. "Caretaker" means a person, organization
				or agency that captures or facilitates the capture of free roaming cats for the
				purpose of spaying or neutering them and returning them to the environment from
				which they were captured.
3.3.
				"Cat" means a member of the genus and species known
				as
feliscatus
.
3.4.
				"Commissioner" means the Commissioner of the Department of
				Agriculture.
3.5. "Dog" means a
				member of the genus and species known as
canisfamiliaris
.
3.6. "Feral cat" means a domesticated cat
				that has returned to the wild or the offspring of such a cat.
3.7. "Free roaming cat" includes feral,
				stray, community, or abandoned cats that may or may not have a caretaker and do
				not have an owner or are otherwise homeless. The term does not include a stray
				pet cat that might have been lost or abandoned and which has identifiable
				ownership such as, but not limited to, a tag, microchip or tattoo.
3.8. "Fund" means the Spay Neuter Assistance
				Fund established in the State Treasury and maintained by the
				Commissioner.
3.9. "Grant" means a
				monetary amount from the Fund awarded to a grantee along with the associated
				terms and conditions.
3.10.
				"Grantee" means a nonprofit spay neuter organization or program that receives a
				grant from the Commissioner under this rule to perform spay neuter services for
				eligible owners and caretakers. "Nonprofit spay neuter organization or program"
				means:
3.10.a. A nongovernmental entity that
				is incorporated in and is in good standing with the state, has its principal
				place of business in the state, maintains a 501(c)(3) status under the federal
				Internal Revenue Code and meets one or more of the following criteria:
3.10.a.1. Provides or facilitates spay neuter
				services by a veterinarian to the general public;
3.10.a.2. Rescues stray, abandoned or feral
				animals and provides or facilitates adoptions services for the animals to the
				general public; or
3.10.a.3.
				Advocates and furthers effective means for the propagation of humane principles
				to prevent animal cruelty, abuse, neglect and overpopulation; or
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-24 - West Virginia Spay Neuter Assistance Program › Section 61-24-4 - Spay neuter assistance program created

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. A spay neuter program is established for
				the purpose of providing grants to approved nonprofit spay neuter organizations
				or programs for advancing the cause of spaying and neutering of animals. The
				Commissioner shall administer the program and may establish other grant
				programs consistent with this rule.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-24 - West Virginia Spay Neuter Assistance Program › Section 61-24-5 - Grant application by nonprofit spay neuter organizations or programs

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. In order to
				participate as a grantee, a nonprofit spay neuter organization or program shall
				complete and file the form provided by the Commissioner. The application shall
				contain at a minimum:
5.1.a. The applicant's
				name, physical address, mailing address, e-mail address, phone number, and
				primary contact person;
5.1.b. The
				applicant's federal employer identification number (FEIN);
5.1.c. The applicant's business registration
				account number from the W. Va. State Tax Department;
5.1.d. A description of the applicant's
				business, mission or purpose;
5.1.e. A copy of the applicant's latest
				financial statement, annual budget, or current balance
				sheet
;
5.1.f. If the applicant is a 501(c)(3)
				entity, the most recent IRS Form 990, 990-EZ or 990-N;
5.1.g. A listing of the applicant's officers,
				executive director (if applicable) and a primary contact person;
5.1.h. The amount of the grant
				requested;
5.1.i. A detailed
				description of how the applicant intends to use the grant to advance spay
				neuter services, including a project budget, intended outcomes, and the
				expected amount of time in which the grant funds will be used;
5.1.j. Information regarding previous
				participation in the spay neuter program; and
5.1.k. Attestation that the information
				provided by the applicant is true and accurate to the best of the applicant's
				knowledge.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-24 - West Virginia Spay Neuter Assistance Program › Section 61-24-7 - Reimbursement rules

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The
				Commissioner may reimburse grantees for costs of spay neuter services and
				reasonably related expenses, including but not limited to anesthesia, pain
				medication, increased expenses due to cryptorchidism and pregnancy, and rabies
				vaccinations incident to spay neuter services. The Commissioner shall not
				reimburse grantees for unrelated veterinary care, administrative costs,
				overhead, advertising, or facilities or equipment related to the provision of
				spay neuter services.
7.2. The
				Commissioner shall enter into a grant contract with the grantee which shall
				include, at a minimum, the terms, conditions and requirements of the grant and
				instructions for requesting reimbursement.
7.3. A grantee shall submit invoices
				supported by documents sufficient to prove all costs for which the grantee is
				requesting reimbursement.
7.4. To
				be eligible for reimbursement, spay neuter services must be performed by a
				person, firm, or corporation licensed to practice veterinary medicine under the
				provisions of W. Va. Code § 30-10-1
et seq.
and doing
				business in the state of West Virginia.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-24 - West Virginia Spay Neuter Assistance Program › Section 61-24-8 - Special rules for voucher-based programs

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. A qualified owner or caretaker shall
				apply for a voucher from a grantee upon an application developed by the
				Commissioner that shall be provided in both written and electronic form. The
				application shall, at a minimum, contain:
8.1.a. The owner's or caretaker's name,
				physical address, mailing address, e-mail address and phone number;
8.1.b. The name, species, description and if
				known or available, the gender, age, and weight of the animal;
8.1.c. For grants restricted to low income
				owners, identification and proof of the specific public assistance program or
				programs listed in subsection 7.2 of this rule under which the owner is
				currently a recipient. This proof may be in the form of an agency letter,
				benefits card or other written evidence of participation.
8.1.d. Information on whether the animal or
				animals were purchased by the owner or caretaker from a pet store or breeder of
				purebred dog or cats, or adopted from an animal shelter, animal control agency
				or humane shelter operated by a municipality, county, or other governmental
				agency, or a private organization operating a shelter from which animals are
				adopted or reclaimed.
8.1.e.
				Attestation that the information provided by the owner or caretaker is true and
				accurate to the best of his or her knowledge.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-24 - West Virginia Spay Neuter Assistance Program › Section 61-24-9 - Additional information regarding vouchers that are a part of voucher based programs

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. The
				Commissioner shall develop a voucher form for use by grantees with a control
				number or other necessary means of control to prevent fraud or
				misuse.
9.2. The voucher form shall
				contain sufficient information to identify: the owner or caretaker; his or her
				animal or animals to be spayed or neutered, a list of participating
				veterinarians for whom the voucher is designated; the monetary amount for fees
				and charges to be paid to the veterinarian by the grantee in accordance with
				this rule; the amount of co-pay to be paid by the owner or caretaker; an
				indication of whether or not the animal or animals have been vaccinated for
				rabies; the expiration date of the voucher; and the name and contact
				information of the grantee issuing the voucher.
9.3. A qualified owner or caretaker shall,
				from the list of participating veterinarians, select the veterinarian they wish
				to use for the spay neuter services. A grantee may not recommend nor give
				preference to any veterinarian on the list:
Provided,
that,
				upon request of the owner or caretaker, a grantee may offer information as to
				those veterinarians located in closest proximity to the owner or caretaker, and
				information about which veterinarians are willing to perform spay neuter
				surgeries on free-roaming cats.
9.4. The voucher shall be signed by an
				authorized representative of the grantee.
9.5. The owner or caretaker shall submit the
				voucher to the participating veterinarian indicated on the voucher in order for
				the spay neuter services to be performed.
9.6. A voucher expires 30 days from the date
				of issue:
Provided,
that if the owner or caretaker contacts
				the participating veterinarian within 30 days to schedule the spay neuter
				services and the services cannot be performed within the 30 days, the voucher
				shall extend up and to the actual date the services are performed.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-24 - West Virginia Spay Neuter Assistance Program › Section 61-24-10 - Co-pay by owner and caretaker

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1.
				An owner or caretaker may pay to the participating veterinarian a co-pay of $
				10.00 for each cat and $15.00 for each dog for the spay neuter
				services.