reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-12J - Integrated Pest Management Programs In Schools And Day Care Centers/Facilities › Section 61-12J-9 - Application of Pesticides to Schools, and Child Care Centers and Family Child Care Facilities

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Level
				3 and Level 4 pesticide applications shall not be made in the presence of
				students, children in child care centers or children in family child care
				facilities or employees of schools, child care centers or family child care
				facilities, except for school, child care center or family child care facility
				employees who are certified pesticide applicators. Pesticides may be applied to
				a localized area of infestation when students, children or school, child care
				center or family child care facility employees are present if the infestation
				causes an imminent threat of bodily harm.
9.2. All pest control methods or practices
				shall be conducted in conformance to the Use of the Least Hazardous Materials
				as outlined in Section 7 of this rule.
9.3. All pesticide applications made to
				schools, child care centers or family child care facilities shall be applied in
				accordance with the integrated pest management plan filed with the
				Commissioner.
9.4. All pesticide
				applications shall only be made by certified commercial pesticide applicators
				or certified public applicators or registered technicians under the supervision
				of a certified pesticide applicator as outlined in West Virginia Department of
				Agriculture Certified Pesticide Applicator Rules, 61CSR12A.
9.5. The commissioner shall require all
				certified pesticide applicators applying pesticides or supervising the
				application of pesticides, or persons providing services as a consultant to
				complete a specialized training program in urban integrated pest management.
9.5.a. Any specialized urban integrated pest
				management programs not offered by the commissioner must be approved by the
				commissioner.
9.5.b. Pesticide
				applicators certified in the General Pest Control sub-category as detailed in
				61CSR12A Certified Pesticide Applicator Rules who complete the specialized
				training program in urban integrated pest management prior to September 1, 1996
				shall be determined to be certified in Urban Integrated Pest
				Management.
9.5.c. After September
				1, 1996, the commissioner shall require all certified pesticide applicators
				applying pesticides or supervising the application of pesticides in a school,
				child care center or family child care facility, or persons providing services
				as a consultant to schools, child care centers and family child care facilities
				to be examined and certified in the sub categories of General Pest Control and
				Urban Integrated Pest Management as outlined in 61CSR12A Certified Pesticide
				Applicator Rules.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-12J - Integrated Pest Management Programs In Schools And Day Care Centers/Facilities › Section 61-12J-10 - Record Keeping

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Schools,
				child care centers and family child care facilities covered by this rule shall
				keep for a period of two years all documents required to be in the Integrated
				Pest Management Files as detailed in Subsection 4.6 and Subsection 5.5,
				respectively, of this rule.
10.2.
				The records required for the Integrated Pest Management of schools, and child
				care centers and family child care facilities shall be made available upon
				request to the commissioner to verify the maintenance of the integrated pest
				management program.
10.3. Pesticide
				application records as required in Subdivision 4.6.f. and Subdivision 5.5.f. of
				this rule shall contain all of the information required in Section 7 West
				Virginia Department of Agriculture Rule, Licensing of Pesticide Businesses,
				61CSR12B.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-12J - Integrated Pest Management Programs In Schools And Day Care Centers/Facilities › Section 61-12J-11 - Implementation

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. The
				commissioner shall make available to all schools, child care centers and family
				child care facilities a copy of the integrated pest management materials titled
				"Integrated Pest Management in School and other Public Institutions, Best
				Management Practices" and "Integrated Pest Management in Schools and Other
				Public Institutions, A Guide for Commercial Applicators".
11.2. All pesticide applications made to
				schools, child care centers and family child care facilities shall be made in
				accordance with this rule and the integrated pest management programs on file
				with the commissioner after September 1, 1996.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-13A - Poultry - Rules for Hatcheries, Growers and Contractors Pertaining to Poultry Disease Control and Eradication › Section 61-13A-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule was repealed by HB 4252.
1.2.
				Effective Date. -- April 30, 2020.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-14 - West Virginia Plant Pest Act › Section 61-14-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. " This
				legislative rule establishes general operating procedures for the Plant
				Industries Division.
1.2.
				Authority. - W. Va. Code §§
									19-12-3,
				5, 6, and 16.
1.3. Filing Date. -
				April 20, 2015.
1.4. Effective
				Date. - July 1,2015.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-14 - West Virginia Plant Pest Act › Section 61-14-3 - Sale of Nursery Stock

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. A nursery
				within the State shall not sell or offer for sale any nursery stock or deliver
				any nursery stock within or without the State until it has been inspected and a
				certificate issued.
3.2. The
				commissioner shall for each certificate of registration issued and for each
				registration renewal collect an annual registration fee in the amount of thirty
				dollars ($30.00) for each nursery and sixty dollars ($60.00) for each
				dealership up to and including five (5) dealerships and eighty dollars ($80.00)
				for each dealership thereafter. A certificate of registration expires annually
				on the thirtieth day ofJune.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-14 - West Virginia Plant Pest Act › Section 61-14-4 - Display of Certificates

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				The certificate of registration issued to any nursery that has been inspected
				and found to be apparently free of dangerously injurious insects and plant
				diseases shall be conspicuously displayed to the public at the location where
				the nursery stock is being offered for sale.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-14 - West Virginia Plant Pest Act › Section 61-14-5 - Multiple Sales Locations

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. A
				registered nursery with one or more sales locations separated from the parent
				nursery is not required to register each sales location, but shall have a copy
				of the registration displayed at each separate sales
				location.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-14 - West Virginia Plant Pest Act › Section 61-14-6 - Revealing of Sources and Posting Certificates

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. A nursery stock dealership shall inform
				the Commissioner of the sources of his or her nursery stock and the
				Commissioner must be satisfied that nursery stock obtained from these sources
				is free of dangerously injurious insects and plant diseases before a
				dealership's certificate of registration is issued. The dealership may make
				amendments to the original list of sources at any time prior to the purchase of
				stock.
6.2. A nursery stock
				dealership within the State may not offer for sale any nursery stock, unless a
				copy of the current dealership's certificate of registration is conspicuously
				displayed to the public at the place of business and unless the certificate of
				inspection or tag which accompanied the order from the registered nursery is
				available for inspection upon request.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-14 - West Virginia Plant Pest Act › Section 61-14-7 - Reciprocal Registration

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. A
				nursery, dealership, or other person residing or doing business outside of West
				Virginia who desires to ship nursery stock into the State must be registered
				with the department of agriculture in the state in which its business is
				located. The West Virginia Department of Agriculture will accept as proof of
				registration, the directory of certified nurseries and dealerships published by
				its resident state department of agriculture, provided its state accepts West
				Virginia's directory on a reciprocal basis. In those instances where there is
				no reciprocity, the out-of-state business shall file a copy of its current,
				valid certificate of registration with the Commissioner, prior to
				shipment.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-14 - West Virginia Plant Pest Act › Section 61-14-8 - Hindrance To Nursery Inspection

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. When conditions such as the presence of
				trash, weeds, crowding of stock or other conditions prevent a thorough
				examination of a nursery, the Commissioner shall provide the nursery with a
				written statement describing the procedures necessary to correct the problem
				which prevented a thorough examination of the nursery. After receiving a
				written response from the nursery that the corrective procedures have been
				carried out, the Commissioner shall cause an inspection to be
				made.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-14 - West Virginia Plant Pest Act › Section 61-14-9 - Collection Of Native Nursery Stock

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. A collector acquiring native nursery
				stock in West Virginia shall apply for and receive a dealership's certificate
				of registration prior to actually digging or selling any collected stock,
				unless that person is already certified as a nursery.
9.2. A collector who anticipates the digging
				or offering for sale of collected native nursery stock shall make proper
				application to the Commissioner for inspection, prior to collecting each
				individual shipment. The Commissioner shall designate a time and a place where
				the dug plants are to be assembled for inspection. Uninspected plants shall not
				be moved from the property where they are collected without a specific written
				directive from the Commissioner designating the place to which the plants are
				to be moved for inspection. The Commissioner shall be given notice when the
				plants are assembled. It is a violation to transport native nursery stock
				without first obtaining a written directive from the Commissioner making
				provisions for inspection.
9.3. The
				Commissioner shall issue a certificate of inspection to the collector for the
				movement and sale of each shipment of collected plants found to be free of
				plant pests. This certificate shall cover only the plants inspected and passed
				at the time of inspection. Plants not passing inspection shall be destroyed or
				treated by the collector as directed by the Commissioner.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-14 - West Virginia Plant Pest Act › Section 61-14-10 - Vegetable Plants

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. All
				vegetable plants shipped into the State of West Virginia must be certified to
				have been grown under an official certification program of the State of origin,
				or to have been inspected and certified to be apparently free of injurious
				insects, nematodes, and plant diseases on the basis of an inspection no more
				than three (3) days prior to their removal from the soil.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-14 - West Virginia Plant Pest Act › Section 61-14-11 - Issuance of Federal Phytosanitary Certificates for Export of Agricultural Commodities

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1.
				The Commissioner may issue federal phytosanitary certificates for the export of
				eligible agricultural commodities. For this service, the Commissioner shall
				charge a fee of one hundred six dollars ($106.00) for export or re-export of a
				commercial shipment ($1,250.00 or more in value), and sixty one dollars
				($61.00) for export or re-export of a low-value commercial shipment ($1,249.99
				or less in value). The Commissioner shall charge a fee of fifteen dollars
				($15.00) for any certificate that is replaced or re-issued. The Commissioner
				shall not assess a charge for noncommercial shipments.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-14 - West Virginia Plant Pest Act › Section 61-14-12 - Issuance of State Phytosanitary Certificates for Export of Agricultural Commodities

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1.
				The Commissioner may issue state phytosanitary certificates for the export of
				eligible agricultural commodities. For this service, the Commissioner shall
				charge a fee of fifty dollars ($50.00) for export or re-export of a commercial
				shipment ($1,250.00 or more in value), and twenty-five dollars ($25.00) for
				export or re-export of a low-value commercial shipment ($1,249.99 or less in
				value). The Commissioner shall charge a fee of fourteen dollars ($14.00) for
				any certificate that is replaced or reissued. The Commissioner shall not assess
				a charge for noncommercial shipments.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-14A - Noxious Weeds Rule › Section 61-14A-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				This Legislative rule sets forth provisions governing noxious weeds. It sets
				forth definitions, cooperative suppression activities, prohibitions and declare
				certain weeds to be noxious.
1.2.
				Authority. -- W. Va. Code §
									19-12D-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 61-14A - Noxious Weeds Rule › Section 61-14A-2 - Declaration of Policy

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. This rule is
				promulgated to establish surveillance, suppression and control programs and to
				declare certain weeds noxious.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-14A - Noxious Weeds Rule › Section 61-14A-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				"Cooperative suppression or control agreement" means a written agreement
				entered into by the Commissioner and one or more other persons which defines
				the responsibilities of each party regarding the cooperative suppression or
				control agreement and may include, but not be limited to, suppression or
				control procedures and methods, cost sharing, tenure of agreement and
				conditions.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-14A - Noxious Weeds Rule › Section 61-14A-4 - Cooperative Suppression and Control

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. When it has
				been determined that an infestation of a noxious weed exists for which
				suppression and control activities are practical, the Commissioner may:
4.1.1. Declare a quarantine, if
				necessary;
4.1.2. Enter into
				cooperative suppression or control agreement with any person; or
4.1.3. Proceed with suppression or control
				activities.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-14A - Noxious Weeds Rule › Section 61-14A-5 - Declaration of Noxious Weeds

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Surveys have
				shown that the following plants are a detriment to agriculture in West Virginia
				and are hereby declared to be noxious weeds: Johnson Grass,
Sorghum
				halepense
(L.); Plumeless Thistle,
Carduus
				acanthoides
(L.); Curled Thistle
C. crispus
(L.);
				Musk Thistle,
C. nutans
(L.); Mile-a-minute,
Polygonum
				perfoliatum
; Japanese Knotweed,
P. cuspidatum
; Purple
				Loosestrife
Lythrum salicaria
; Tree of Heaven,
Ailanthus altissima
; Autumn Olive,
Elaeagnus
				umbellate
(Thunb.); Japanese Stiltgrass,
Microstegium
				vimineum
; Tartarian Honeysuckle,
Lonicera tartarica
;
				Morrow's Honeysuckle,
L. Morrowii
; Poison Hemlock
Conium maculatum
; and Kudzu,
Pueraria
				thunbergiana
(S and Z) Benth.
5.2. Japanese Barberry, Berberis thunbergii
				DC, is hereby declared to be a noxious weed. However, the Commissioner of
				Agriculture may exempt certain cultivated varieties of Japanese Barberry upon
				determination that those varieties are sterile and pose no threat to
				agriculture in West Virginia.
5.3.
				This section is reserved for narcotic drug producing plants (as defined under
				Title 21, USC Section 802) other than those listed in the West Virginia Noxious
				Weed Act. (W. Va. Code §
									19-12D-7)
5.4. West Virginia adopts the Federal Noxious
				Weed List of the Federal Noxious Weed Act [Public Law 93-629(7 U.S.C.
				2801 et seq.; 88 Stat. 2148)] as an extension
				of the West Virginia Noxious Weed list. The Federal Noxious Weed List (Appendix
				A) will be regulated by the West Virginia Noxious Weed Act.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-15 - Grade "A" Pasteurized Milk › Section 61-15-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				This legislative rule establishes the minimum requirements for the production,
				transportation, processing, handling, sampling, examination, labeling, and sale
				of Grade "A" milk and milk products, imitation milk and imitation milk
				products, and non-dairy products; the inspection of dairy farms, milk plants,
				receiving stations, transfer stations, milk tank truck cleaning facilities,
				milk tank trucks and bulk milk haulers/samplers; the issuing, suspension, and
				revocation of permits to milk producers, bulk milk haulers/samplers, milk tank
				trucks, milk transportation companies, milk plants, receiving stations,
				transfer stations, milk tank truck cleaning facilities, haulers, and
				distributors, and the fixing of penalties.
1.2. Authority. -- W. Va. Code §
									19-11E-8(1).
1.3. Filing Date. -- April 13, 2023
1.4. Effective Date. -- May 1, 2023
1.5. Sunset Date. - This rule shall expire
				and have no further force or effect August 1, 2033.
1.6. Applicability. -- This rule applies to
				every person, as defined in this rule, who in any manner establishes, conducts,
				controls, manages, maintains, owns, or operates a facility included under the
				scope of this rule.
1.7.
				Enforcement. -- This rule is enforced by the Commissioner of the West Virginia
				Department of Agriculture ("WVDA").
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-15 - Grade "A" Pasteurized Milk › Section 61-15-3 - Clarification of interstate responsibilities

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The
				Commissioner may enter into written agreements with the regulatory agencies of
				states neighboring West Virginia for the purpose of clarifying regulatory
				responsibilities when a facility falling under the scope of this rule operates
				concurrently in West Virginia and the neighboring state.
3.2. The Commissioner may enter into written
				agreements with the regulatory agencies of other states for the purpose
				performing some or all of the services required to be performed by this
				rule.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-15 - Grade "A" Pasteurized Milk › Section 61-15-4 - Certification of industry dairy farm inspectors (CIDFI)

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Any person who
				has proven to the satisfaction of the Commissioner to have sufficient education
				and experience to conduct dairy farm inspections and raw milk sampling may be
				certified as a Certified Industry Dairy Farm Inspector (CIDFI). All individuals
				to be certified shall submit paperwork for certification to WVDA. The
				individual to be certified shall have had experience in the field of milk
				sanitation and shall be an employee of a milk plant, a producer association
				(co-op), or an officially designated laboratory, or shall be employed on a
				consulting basis.
4.2. All
				individuals to be certified by the Commissioner must:
4.2.1. Understand and properly interpret the
				milk sanitation requirements as set forth in this rule;
4.2.2. Properly use the Dairy Farm Inspection
				Report form adopted by WVDA;
4.2.3.
				Adhere to the Dairy Farm Enforcement Procedures established by WVDA;
				and
4.2.4. Promptly report any and
				all conditions that require action by the Commissioner.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-15 - Grade "A" Pasteurized Milk › Section 61-15-5 - Reciprocity of certification

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. A person who
				is a current CIDFI in another state and is responsible for dairy farms in West
				Virginia may be certified in West Virginia by reciprocity.
5.2. Each CIDFI shall submit all
				qualifications to the Commissioner for approval before completing inspections
				in West Virginia.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-15 - Grade "A" Pasteurized Milk › Section 61-15-6 - Submission of inspections, reports, and records

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Each
				individual, partnership, corporation, milk cooperative, company, firm, trustee,
				or association receiving raw milk for pasteurization shall furnish to WVDA a
				complete list of the names and addresses of all dairy farms in a format
				acceptable to WVDA. It is the responsibility of each CIDFI to advise WVDA of
				producer changes (e.g. out-of-business, changes in producer milk shipments,
				producer identification numbers).
6.2. All Dairy Farm Inspection Reports, as
				well as any spreadsheets, and the receipt for the Grade A Dairy Farm Program
				Description comparing inspection results shall be maintained in the WVDA file
				for the individual CIDFI. In addition, observations made during the sampling
				evaluation will be reported on the most current Milk Sample Collector
				Evaluation Form. WVDA shall retain this form in the file for the
				CIDFI.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-15 - Grade "A" Pasteurized Milk › Section 61-15-7 - Farm inspection requirements for CIDFI

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. CIDFIs shall
				perform unannounced routine and follow-up sanitation inspections of dairy farms
				permitted by WVDA. Sanitation inspections of each Grade "A" producer (farm)
				shall be conducted at least once every 6 months. A copy of the report of each
				sanitation inspection shall be forwarded promptly to WVDA.
7.2. Inspections of dairy farms performed by
				CIDFIs do not preclude routine inspections or surveillance of individual dairy
				farms by WVDA. State regulatory inspections are intended to supplement and
				complement the CIDFI Program and do not substitute for industry inspections. In
				order to assure satisfactory USPH/FDA ratings, it is essential that industry
				maintain its 6-month inspection frequency.
7.3. All inspections for the issuance of a
				permit or reinstatement of a suspended or revoked permit shall be conducted
				under the supervision of WVDA. A copy of the report for each reinstatement or
				issuance of a permit shall be forwarded promptly to WVDA.
7.4. WVDA shall perform all enforcement
				actions.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-15 - Grade "A" Pasteurized Milk › Section 61-15-8 - Seasonal milk producers

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. "Seasonal milk
				producer" means a milk producer that stops producing milk for 30 days or more
				and then starts producing milk again within 12 months, consistently.
8.2. A seasonal milk producer or his or her
				designated CIDFI shall notify WVDA prior to the first shipment of milk during
				the seasonal milk producer's milking "season".
8.3. The regulatory agency shall carry the
				seasonal milk producer's milk quality sample history forward through the months
				where there is no production.
8.4.
				A seasonal milk producer shall notify WVDA of the beginning and end of
				production periods in order to allow for compliance checks.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-15 - Grade "A" Pasteurized Milk › Section 61-15-9 - Official regulatory milk samples

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. After
				collection of all raw milk samples, the marketing organization will randomly
				select, from the samples collected by the milk hauler, one sample each month to
				be used by WVDA as the official regulatory sample for that month.
9.2. If more than one result is reported to
				WVDA during the month, the first taken/reported sample will be used as the
				official regulatory sample for that month. If multiple tanks are sampled on the
				same farm, on the same day, the results will be averaged.
9.3. The marketing organization is
				responsible for promptly notifying WVDA of any violative sample results for the
				monthly official regulatory sample within ten (10) days of being made aware of
				the existence of the violative sample.
9.4. If the integrity of a monthly sample is
				called into question, the CIDFI may request results be discarded. WVDA has the
				authority to approve this request. If an official sample is disregarded, an
				additional sample for that month must be collected.
9.5. WVDA shall send a Notice of Intent to
				Suspend Permit to a producer when at least two of the last four samples violate
				a standard (standard plate, somatic cell, or cooling temperature standards)
				Following such Notice, an additional sample shall be collected.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-15 - Grade "A" Pasteurized Milk › Section 61-15-10 - West Virginia Dairy Advisory Board

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. The purpose
				of the West Virginia Dairy Advisory Board is to advise the Commissioner with
				respect to the status of the dairy industry in West Virginia, obstacles to
				manufacture, processing, and sale of milk and milk products, recommendations
				with respect to changes in statutes and regulation, changes in technology and
				processes utilized by the dairy industry, and other hindrances to growth of the
				industry in West Virginia.
10.2.
				The West Virginia Dairy Advisory Board shall consist of not less than seven (7)
				voting members who shall be appointed by and serve at the will and pleasure of
				the Commissioner. The Commissioner may appoint any non-voting members on the
				board as necessary.
10.3. The
				Commissioner shall designate one voting member to serve as chairman of the West
				Virginia Dairy Advisory Board.
10.4. An annual meeting of the West Virginia
				Dairy Advisory Board shall be held, and other meetings can be scheduled as
				needed.
10.5. All suggested
				changes, suggestions, or upcoming obstacles to the dairy law, rule, or any part
				of the dairy industry must be stated specifically and made known to the
				Commissioner.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-16 - Inspection of Meat and Poultry › Section 61-16-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule is established in order to implement the requirements of W. Va. Code
				§
									19-2B-1
				et seq., "Inspection of Meat and Poultry", and to maintain and administer an
				effective State-Federal Cooperative Meat and Poultry Inspection Program in the
				State of West Virginia by establishing requirements which equal those imposed
				by the applicable provisions of the Federal Meat Inspection Act (34 Stat. 1260)
				as amended by the Wholesome Meat Act (81 Stat. 584, 84 Stat. 438, 92 Stat.
				1069, U.S.C., Sec. 601 et seq.), and the Poultry Products Inspection Act (71
				Stat. 441), as amended by the Wholesome Poultry Products Act (82 Stat. 791;
				U.S.C. 451 et seq.). This rule establishes general operating procedures,
				requirements and standards in the West Virginia Department of Agriculture, Meat
				and Poultry Inspection Division.
1.2. Authority. -- W. Va. Code §
									19-2B-3.
1.3. Filing Date. -- April 13,
				2021
1.4. Effective Date. -- May
				3, 2021
1.5. Sunset Date. -- This
				rule shall terminate and have no further force or effect August 1, 2031.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-16 - Inspection of Meat and Poultry › Section 61-16-2 - Incorporation by Reference of Federal Meat and Poultry Inspection Regulations

Current through Register Vol. XLI, No. 28, July 12, 2024
The Mandatory Meat Inspection Regulations (9 CFR, Parts 301
				  et seq.) the Mandatory Poultry Products Inspection Regulations (9 CFR, Part
				  381) and Regulatory Requirements Under the Federal Meat Inspection Act and the
				  Poultry Products Inspection Act (9 CFR, Parts 412, 416, 417, 418, 424, 430, 441
				  and 442) of the United States Department of Agriculture, promulgated in the
				  Federal Register prior to January 1, 2020 are hereby adopted in their entirety
				  with the exception of the deleted regulations specified in section 3 of this
				  rule.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-16 - Inspection of Meat and Poultry › Section 61-16-3 - Deleted Regulations

Current through Register Vol. XLI, No. 28, July 12, 2024
The following sections of the Federal regulations governing
				  the mandatory meat inspection (9 CFR, Part 301 et seq.) and the mandatory
				  poultry products inspection (9 CFR, Part 381) of the United States Department
				  of Agriculture incorporated by reference under section 2 of this rule are
				  deleted and are not rules of the West Virginia Department of Agriculture:
				  302.2; 303.1 (c); 304; 305.2 (b); 307.5; 307.6; 312; 316.12; 316.13 (c); 317.7;
				  317.9; 318.8; 321; 322; 327; 329.6; 329.7; 329.8; 329.9; 331; 335; 381.16;
				  381.17; 381.30; 381.31; 381.38; 381.39; 381.96, 381.98, 381.104 through
				  381.112; 381.123 (b)(1) and (4); 381.179; 381.185; 381.186; 381.195 through
				  381.236.
In
				  9CFR 381.10(a)
				  (3) and (4) the words "and the statement
				  'Exempt - P. L. 90-492 '" are deleted.
In
				  9CFR
				  381.123(b) (2) the words
				  "and accompanied by the prefix 'P'" are deleted.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-16 - Inspection of Meat and Poultry › Section 61-16-4 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. All terms
				defined in W. Va. Code §
									19-2B-2,
				are hereby incorporated in this rule.
4.2. Definitions in the incorporated parts of
				the Federal regulations on mandatory meat inspection (9 CFR, Part 301 et seq.)
				and mandatory poultry products inspection (9 CFR, Part 381) of the United
				States Department of Agriculture are amended to read as follows:
4.2.a. "The Act" means W. Va. Code §
										19-2B-1
				et seq.
4.2.b. "The United States
				Department of Agriculture" and "Department" means the West Virginia Department
				of Agriculture. For brevity, the acronym WVDA for the West Virginia Department
				of Agriculture is used in this rule.
4.2.c. "Secretary" means the Commissioner of
				Agriculture.
4.2.d.
				"Administrator", "Regional Director", and "Area Supervisor" mean the Director,
				Meat and Poultry Inspection Division, WVDA.
4.2.e. "Federal Meat Inspection", "Program",
				"Federal Inspection", "Federal Poultry Inspection", "Meat and Poultry
				Inspection Program", "Inspection Service", "Standards and Labeling Division",
				"Meat and Poultry Inspection", "Technical Services", and "Agency" mean the Meat
				and Poultry Inspection Division, WVDA.
4.2.f. "Federal" means State.
4.2.g. "Food Inspector", "Inspection Service
				Employee", "USDA Inspector", "USDA Program Official", and "Program Inspector"
				mean Inspector, Meat and Poultry Inspection Division, WVDA.
4.2.h. "Inspection Service Supervisor" means
				Circuit Supervisor, Meat and Poultry Inspection Division, WVDA.
4.2.i. "Veterinary Inspector" means
				Veterinary Supervisor, Meat and Poultry Inspection Division, WVDA.
4.2.j. "Food Safety and Inspection Service"
				means the Meat and Poultry Inspection Division, WVDA.
4.2.k. "USDA Inspection Legend" and "Official
				Inspection Legend" mean WVDA Inspection Legend.
4.2.l. "Federally Inspected and Passed",
				"U.S. Inspected and Passed", "U.S. Inspected for Wholesomeness", and "Federally
				Inspected for Wholesomeness" mean WVDA Inspected and Passed.
4.2.m. "U.S. Passed for Cooking" means WVDA
				Passed for Cooking.
4.2.n. "U.S.
				Passed for Refrigeration" means WVDA Passed for Refrigeration.
4.2.o. "U.S. Inspected and Condemned" means
				WVDA Inspected and Condemned.
4.2.p. "U.S. Retained" or "U.S. Detained"
				means WVDA Retained.
4.2.q. "U.S.
				Rejected" means WVDA Rejected.
4.2.r. "U.S. Suspect" means WVDA Suspect.
4.2.s. "U.S. Condemned" means WVDA
				Condemned.
4.2.t. "U.S. Government
				Seals" means WVDA Seals.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-16 - Inspection of Meat and Poultry › Section 61-16-5 - The United States Department of Agriculture's Guidelines and Procedures Applicable to the West Virginia Department of Agriculture

Current through Register Vol. XLI, No. 28, July 12, 2024
The following publications prepared and approved by the
				  United States Department of Agriculture are applicable to the West Virginia
				  Department of Agriculture, as determined by the Commissioner of
				  Agriculture:
5.1. "USDA/NCDA &CS
				Facility Guidelines for Meat Processing Plants," Federal Register, 75 Fed. Reg.
				45027 (August 25, 1997);
5.2.
				"Standards and Labeling Policy Book" issued by the USDA Food Safety Inspection
				Service dated August 2005; and
5.3. Food Safety and Inspection Service's
				Directives, Notices, and Bulletins.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-16 - Inspection of Meat and Poultry › Section 61-16-6 - Licensing

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Every
				commercial slaughterer, custom slaughterer, commercial processor, custom
				processor, or distributor shall obtain a license from the Commissioner.
6.1.a. An applicant for a license shall make
				application on an official form furnished by the Commissioner and shall
				complete the application to include all information requested. Only the
				applicant named in the application may conduct operations at the establishment
				for which the license is granted.
6.1.b. The licensee shall apply for a new
				license when ownership or the location of the business changes.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-16 - Inspection of Meat and Poultry › Section 61-16-7 - Official Inspection Marks and Devices

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The inspection marks and devices,
				prescribed or referenced in this section are official marks and devices, for
				purposes of the W. Va. Code §
									19-2B-6
				and shall be used in accordance with the provisions of this section and the
				United States Department of Agriculture regulations governing meat and poultry
				inspection as incorporated in this rule.
7.2. The inspection marks shall be affixed by
				the establishment under the oversight of the inspectors of the Meat and Poultry
				Inspection Division, WVDA.
7.3.
				Inspection legends on animal carcasses and parts of carcasses.
7.3.a. The inspection legend to identify WV
				inspected and passed animal carcasses, primal cuts, beef livers, beef tongues,
				beef hearts, and smoked meats not in casings and for application to materials
				that enclose carcasses or parts of carcasses, is as shown in this subdivision.
				The establishment number shall be placed in the inspection legend by the
				establishment where the three zeros appear. The size of the inspection legend
				shall be 1-7/8"x2".
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7.3.b.
				The inspection legend may be proportionally reduced in size, provided it shall
				not be smaller than 7/8"x1", for application to the loins and ribs of pork,
				beef tails, and sausages in animal casings.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-16 - Inspection of Meat and Poultry › Section 61-16-8 - Overtime and Holiday Inspection Service

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The management of a licensed
				establishment shall reimburse WVDA for the cost of inspection service furnished
				on any holiday as specified in subsection 8.3 of this Section, or for providing
				inspection services for more than eight (8) hours on any day or more than forty
				(40) hours in any administrative workweek, Saturday through Friday.
8.2. When a licensed establishment requires
				an inspection service on a holiday or for more than eight (8) hours on any
				other day, it shall request the circuit supervisor to furnish inspection during
				that 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.
8.3. Holidays are those specified in W. Va.
				Code §
									2-2-1,
				as well as any other holidays declared by the Governor by executive
				order.
8.4. 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 61-16 - Inspection of Meat and Poultry › Section 61-16-9 - Poultry Exemptions

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. A
				poultry producer who otherwise meets the requirements of the exemption for
				poultry producers that slaughter or process 20,000 or fewer birds per calendar
				year under the federal Poultry Products Inspection Act,
				21 U.
				S. C. 464(c) (3), may not
				keep a poultry flock of more than 3,000 birds at any one time.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-18 - Licensing And Other Fees › Section 61-18-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				These legislative regulations establish the fee structure for licenses,
				permits, certificates, registrations and laboratory tests for laws administered
				by the Department.
1.2. Authority.
				-- W. Va. Code '19-1-4a.
1.3. Filing Date. -- April 1, 1986.
1.4. Effective Date. -- April 1,
				1986.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-19 - WV Manufacture-Grade Milk › Section 61-19-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -This
				legislative rule establishes operating rules and procedures for WV Dairy Farms
				and milk facilities that produce, process, transport, store, or distribute
				manufacture-grade milk or manufacture-grade milk products for human consumption
				that are not subject to the Grade A requirements.
1.2. Authority. - W. Va. Code §
				19-11E-8(2).
1.3. Filing Date. -
				April 30, 2020
1.4. Effective Date.
				- April 30, 2020
1.5. Sunset Date.
				- This rule shall expire and have no further force or effect April 30,
				2025.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-19 - WV Manufacture-Grade Milk › Section 61-19-3 - Minimum quality standards

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. No
				person may produce, provide, manufacture, sell, offer for sale, or store in the
				State of West Virginia, or bring, send, or receive into the State of West
				Virginia any milk for manufacturing purposes or dairy products which do not
				comply with the following standards:
3.1.1.
				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. Milk for manufacturing purposes and
				dairy products shall be produced and processed to conform with the chemical,
				bacteriological, somatic cell, maximum length of time for milk storage on the
				farm, and temperature standards as identified in this section, and with the
				requirements set forth in this rule;
3.1.3. The temperature of milk for
				manufacturing purposes shall be cooled to one of the following:
3.1.3.a. In the case of manufacture-grade
				milk that is stored in a bulk tank on a producer's farm, cool the milk to and
				store it at a temperature of fifty degrees Fahrenheit(ten degrees Celsius) or
				lower within two hours after completion of the milking.
3.1.3.b. In the case of manufacture-grade
				milk that is stored in cans on a producer's farm, cool the milk to and store it
				at a temperature of sixty degrees Fahrenheit(sixteen degrees Celsius) or lower
				within two hours after completion of the milking. Manufacture-grade milk stored
				in accordance with this paragraph shall be used exclusively in the manufacture
				of cheese.
3.1.3.c. This rule does
				not apply to raw milk that is delivered to a manufacture milk plant not later
				than two hours after completion of milking.
3.1.4. The bacteria count of milk for
				manufacturing purposes shall not exceed 500,000 bacteria per milliliter prior
				to commingling with any other milk, and the bacteria count of milk that is
				commingled shall not exceed 1,000,000 bacteria per milliliter prior to
				pasteurization.
3.1.4.a. Milk shipped from the
				farm in cans shall not have a raw milk bacteria count of more than one million
				bacteria per mL.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-19 - WV Manufacture-Grade Milk › Section 61-19-4 - Minimum testing requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				During at least four separate months within any consecutive six-month period,
				each dairy plant or co-operative association shall collect and submit producer
				raw milk samples to a laboratory for examination to determine the somatic cell
				count of the samples. Samples shall be representative of all raw milk shipped
				from bulk tanks and received in cans.
4.2. During at least four separate months
				within any consecutive six-month period, each dairy plant or co-operative
				association shall collect and submit individual producer raw milk samples to a
				laboratory for examination to determine the bacterial count of the samples.
				Samples shall be representative of all raw milk shipped from bulk tanks and all
				raw milk received in cans.
4.3.
				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 rules set by the commissioner.
4.4. Concurrent with all test results made to
				a producer regarding bacteria counts, sediment, or inhibited substances, the
				laboratory and/or dairy plant shall send a copy of the results to the
				designated representative of the Commissioner.