West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-23 - WV Aquaculture Farm Rules › Section 61-23-11 - Powers and Duties of the Commissioner

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. The Commissioner has the power and
				authority to:
11.1.a. Enter and inspect,
				during reasonable hours, any aquaculture production area participating in the
				voluntary inspection program, where fish are produced, sold, stored or
				transported. The inspection includes, but is not limited to photographing,
				video taping, verifying, copying and auditing computer files, records and
				papers relating to the production of fish, as is necessary to determine
				compliance with this rule and to investigate consumer complaints. The
				inspection also includes, but is not limited to photographing, video taping,
				observing, and verifying the premises, vehicles, personnel and
				activities;
11.1.b. Examine, sample
				and test water, soil, fish, feed, drugs, pesticides, other ingredients,
				containers and/or products used or intended for use in the production, storage
				and/or transportation of fish or fish­ery products for human
				consumption;
11.1.c. Cooperate with
				and enter into agreements with governmental agencies of this state and any
				other states, agencies of the federal government and foreign governments, and
				private associations in order to carry out the purpose and provisions of this
				rule;
11.1.d. Detain, embargo or
				quarantine or issue a cease and desist order by affixing thereto or in the
				vicinity of the aquaculture production area, holding area or transporting
				vehicle a tag or other appropriate marking, and giving notice thereof in
				writing to the producer, holder or transporter. The Commissioner may take this
				action when:
11.1.d.1. Fish or fishery
				products have been found by the commissioner to be or are believed to be in
				violation of the provisions of this rule. Upon confirmation of a violation he
				or she may condemn and order the fish or fishery product disposed of as
				necessary to ensure the safety of consumers; or
11.1.d.2. Fish or fishery products have been
				found by the Commissioner to be or are believed to infected with a fish or
				human pathogen that the Commissioner concludes could affect other aquaculture
				areas and wild fish stocks or present a public health hazard. Upon confirmation
				of the pathogen he or she may condemn and order the fish or fishery products
				disposed of as necessary to prevent the spread of the pathogen;
11.1.e. Embargo a perishable
				product, even if the practical result is to bring about the involuntary
				disposal of the product;
11.1.e.1. The
				Commissioner shall exercise this power using all reasonable means to determine
				if the product is adulterated or otherwise not in compliance with this rule in
				as short a time frame as possible and shall promptly lift the embargo order if
				the product is found to be in compliance with this rule;
11.1.f. Inspect or copy all records required
				by this rule. All records required by this rule must be presented to the
				Commissioner during an on premise inspection;
11.1.g. Inspect all aquaculture water sources
				and aquaculture production areas producing fish for human food;
11.1.h. Develop appropriate inspection,
				embargo, quarantine, detainment and other regulatory forms as necessary for the
				enforcement of this rule; and