reglab/statecodes huggingface dataset:
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 61-24-11 - Veterinarian participation in a voucher program

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. In order to participate in the voucher
				program, a veterinarian shall enter into a signed agreement with the
				Commissioner on a biennial basis on a form developed by the Commissioner. Under
				the agreement, the veterinarian shall:
11.1.a.
				Provide, annually, to the Commissioner a schedule of the veterinarian's usual
				and customary fees and charges for spay neuter services, and rabies
				vaccinations, which, for purposes of the voucher program, the veterinarian
				agrees to not increase for at least one year. This shall also apply to
				pediatric spay neuter services. The schedule shall delineate variables such as
				species, age, weight, estrus, pregnancy, cryptorchidism, pain medicine and
				other factors used in determining the veterinarian's fee and charges.
11.1.b. Provide a pre-operative
				examination, a rabies vaccination if the animal is not currently vaccinated
				against rabies, an eartip if the animal is a free roaming cat, spay or neuter
				the animal and provide post-operative care at a fee or charge not to exceed 80%
				of the veterinarian's usual and customary fees and charges for the services;
				and
11.1.c. Authorize the
				commissioner to provide information to the general public regarding the
				veterinarian's participation in the voucher program.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-26 - Voluntary Farmland Protection Program › Section 61-26-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule is an explanation and clarification of operating procedures
				for the West Virginia Agricultural Land Protection Authority (Authority)
				established under § 8A-12-7 of the Voluntary Farmland Protection
				Act.
1.2. Authority. -- W. Va. Code
				§§
									8A-12-1
				through
				8A-12-21.
1.3. Filing Date. -- April 5, 2006.
1.4. Effective Date. -- July 1,
				2006.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-26 - Voluntary Farmland Protection Program › Section 61-26-3 - Power and Authority of the Board

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The Board shall have the authority to
				approve or disapprove all measures proposed by the Director in furtherance of
				the purposes of the authority.
3.2.
				The Board may request assistance and avail itself of the services of the
				employees of the State of West Virginia, county or municipal department, board,
				commission, or private contractor as it deems necessary.
3.3. The Board may accept all grants, gifts,
				bequests that seek or assist in the promotion of farmland protection in the
				state of West Virginia.
3.4. The
				Board may accept donated or purchased conservation easements anywhere within
				the state of West Virginia.
3.5.
				Upon receipt of funding, the Board may authorize the purchase of any
				conservation or preservation easements.
3.6. The Authority may co-sign conservation
				or preservation easements with other public or private entities.
3.7. The Authority may resell real property
				acquired by fee simple subsequent to the recording of a conservation
				easement.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-26 - Voluntary Farmland Protection Program › Section 61-26-4 - Power and Authority of Director

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The Director shall score and rank all
				applicants based on the criteria adopted by the board and submit the ranked
				applications to the Board for their approval.
4.2. The Director shall develop educational
				programs for the dissemination of information concerning agricultural
				easements.
4.3. The Director shall
				seek grants and other available funding sources and shall serve as a repository
				of such information for county boards.
4.4. The Director shall serve as a liaison
				and contact person between the authority and county boards.
4.5. The Director shall compile statistical
				databases and information necessary to complete all reporting requirements set
				forth in § 8A-12-10(d).
4.6.
				The Director shall perform any and all other such duties as the board shall
				from time to time deem necessary.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-26 - Voluntary Farmland Protection Program › Section 61-26-5 - Application Process

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The
				Director may consider written applications from landowners for the sale or
				donation of conservation or preservation easements, or for fee simple property.
				Any offers for sale must include an asking price and a complete description of
				the land, including but not limited to, a termination of all debts secured the
				by land and the identity and amounts of all liens. All landowners must sign the
				application. The Board may decline any offer of a conservation or preservation
				easement or fee simple property.
5.2. Offers for sale to the Board shall be
				received by June 30 of each fiscal year for funding in that year. Any pending
				offers may be used to seek matching Federal, state, local or private funding at
				interim times during the year prior to the June 30 deadline.
5.3. The Board shall adopt ranking criteria
				based on West Virginia Code § 8A-12-15 and assign points thereto in order
				to prioritize applications by landowners for sale of conservation easements.
				The Board may change such ranking criteria on an annual basis for future fiscal
				year application cycles.
5.4. The
				Director shall score and rank the applicants based on the criteria adopted by
				the Board. The ranking shall be presented to the board for their
				approval.
5.5. The ranking may be
				bypassed in the event that a 50 percent match of Federal, local or private
				monies is awarded to a lesser-ranked property.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-26 - Voluntary Farmland Protection Program › Section 61-26-6 - Acquisition of Easement

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Prior
				to the completion of a conservation easement, the Authority shall have an
				appraisal of the easement completed. The purchase price of an easement must not
				exceed the appraisal amount.
6.2.
				The Authority shall be responsible for completing or contracting for baseline
				documentation of the property.
6.3.
				The Authority shall obtain a title search and title insurance on any accepted
				conservation easements.
6.4. All
				conservation easements shall be recorded with the Clerk of the Court in the
				county in which the property is located.
6.5. The Authority may provide for retained
				development rights on accepted properties at a density not greater than one
				home per 20 acres. Clustering of home sites shall be encouraged.
6.6. Secured loans on the property shall be
				subordinated, extinguished, or for loans not exceeding the agricultural value,
				shall have the approval of the Authority.
6.7. Conservation easements may only be
				extinguished by a court of appropriate legal jurisdiction. The Authority shall
				not seek to extinguish any conservation easement to which it holds title. Any
				proceeds from extinguishment shall be used to secure additional conservation
				easements. In the event of condemnation of land under a conservation easement,
				the condemning authority shall pay to the landowner the full fair market value
				of the property to which the landowner would be entitled if the land was not
				under easement, less any amount paid to the landowner by the Authority, a
				county farmland protection board, or other federal, state, local or private
				funding source.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-27 - Best Management Practices For Land Application Of Waste Products from Aquaculture Facilities › Section 61-27-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- The
				rule establishes voluntary best management practices to prevent or minimize the
				entry of aquatic waste into the waters of the State and improving the soil and
				plant resources of this state.
1.2.
				Authority. -- W. Va. Code §
									19-29-6.
1.3. Filing Date. -- April 8, 2010.
1.4. Effective Date. -- July 1, 2010.
This is a new legislative rule.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-27 - Best Management Practices For Land Application Of Waste Products from Aquaculture Facilities › Section 61-27-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Aquatic
				Waste" means any substance composed of excrement of fish or other aquatic life,
				other than human, and may include other natural materials normally associated
				with the substance, commonly referred to as manure, as well as water associated
				with or added to the substance, also considered agricultural waste.
2.2. "Best Management Practices" means
				activities, procedures and practices to prevent or remedy the introduction of
				manure residues into waters to the extent technically feasible and economically
				practical. Best Management Practices are designed to maintain the health and
				long-term productivity of the soil, water and related plant and animal
				resources and to minimize the threat of soil, waste and nutrient contamination
				to the waters of the state.
2.3.
				"Commercial Fish Operation" means an operation that sells at least One Thousand
				Dollars of fish products per year.
2.4. "Commissioner" means the commissioner of
				agriculture of the state of West Virginia or his or her duly authorized
				agent.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-27 - Best Management Practices For Land Application Of Waste Products from Aquaculture Facilities › Section 61-27-3 - Program and Policy Statements

Current through Register Vol. XLI, No. 28, July 12, 2024
Research has shown that manure from fish, commonly known as
				  aquatic waste, is similar in its chemical composition to other livestock manure
				  and should be treated in the same manner when land applied as a source of
				  agriculture fertilizer. Therefore, the Commissioner recommends that commercial
				  fish operations, federal agencies, state agencies or non-profit organizations
				  dealing in aquaculture research or the production of aquaculture for the
				  benefit of the citizens of the state use the generally accepted best management
				  practices for nutrient management. Best management practices include, but are
				  not limited to, soil testing every three years for areas of application,
				  applying manure at recommended rate, testing manure at least every two years,
				  or not applying manure on frozen ground.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-28 - Poultry Litter and Manure Movement into Primary Breeder Rearing Areas › Section 61-28-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1 Scope. -- This
				legislative rule establishes standards for the transport of poultry litter and
				swine manure into areas where commercial primary poultry breeder operations are
				located.
1.2. Authority. -- W. Va.
				Code §§
									19-9-2;
				19-9-10.
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 61-28 - Poultry Litter and Manure Movement into Primary Breeder Rearing Areas › Section 61-28-2 - Purpose

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1 The purpose of
				this rule is to establish guidelines for the transport of poultry litter and
				swine manure into areas where commercial primary poultry breeder operations are
				located. The function of primary breeders is to maintain pure blood lines,
				expand pure blood lines and develop cross-bred lines. Primary breeders maintain
				and reproduce the first three generations of birds referred to as Pedigree,
				Great-grandparent and Grandparent stock. These birds are used to produce the
				fourth generation known as Parent or Multiplier stock, which produce the fifth
				generation birds grown by commercial growers for marketing. Primary breeder
				farms adhere to strict biosecurity programs to prevent introduction of
				pathogens from other poultry or animals. Diseases such as salmonella,
				mycoplasmas and avian influenza are major concerns. Breeding turkeys may also
				be easily infected with influenza viruses from swine which will result in
				immediate and dramatic cessation of egg production. Movement of personnel,
				equipment and birds are strictly controlled to reduce the risk of infection or
				disease. Other protocols to ensure disease prevention on primary breeder farms
				include strict separation of generations and geographically separated
				farms.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-28 - Poultry Litter and Manure Movement into Primary Breeder Rearing Areas › Section 61-28-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The following
				terms, as used in this article, unless the context otherwise requires or a
				different meaning is specifically prescribed, have the following meanings:
3.1.a. "Area" means any land within a
				one-mile radius of a poultry house engaged in the rearing of commercial primary
				breeder stock.
3.1.b.
				"Certificate" means a document issued by the Commissioner of Agriculture
				indicating a regulated material is free of specified pathogens.
3.1.c. "Commissioner" means the Commissioner
				of Agriculture of the State of West Virginia or his/her designee.
3.1.d. "Commercial primary poultry breeder"
				is an operation engaged in the maintenance and improvement of breeding
				genetics.
3.1.e. "Compost" means
				the natural process in which beneficial microbes reduce organic waste into a
				biologically safe by-product which is capable of being recycled.
3.1.f. "Move" means to ship, offer for
				shipment, receive for transportation, carry, or otherwise transport, move or to
				be moved.
3.1.g. "Multiplier"
				(commonly referred to as the fourth generation) is the offspring of Grandparent
				stock used to produce birds for market.
3.1.h. "Pathogen" is a microorganism, virus,
				bacterium, or fungus capable of causing disease in its host.
3.1.i. "Permit" is a document issued by the
				Commissioner of Agriculture to provide for movement of regulated articles to
				restricted destinations.
3.1.j.
				"Person" means an individual, partnership, corporation, association, co-op,
				firm, company, or any organized group of persons whether incorporated or not.
3.1.k. "Poultry" includes any
				birds raised commercially or domestically for meat, eggs, feathers or pets.
3.1.l. "Poultry Litter" refers to
				any material used as poultry bedding which may include sawdust, wood shavings,
				rice hulls, peanut hulls, straw, newspaper, and sand.
3.1.m. "Primary poultry breeder" is any
				person engaged in the production of Pedigree, Great-grandparent, Grandparent
				and Parent stock of poultry, commonly referred to as the first four
				generations.
3.1.n. "Sell" means
				offer for sale, exchange, barter or trade.
3.1.o. "Swine manure" refers to excreta from
				the production of pigs which may include bedding material such as sawdust, wood
				shavings or straw.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-28 - Poultry Litter and Manure Movement into Primary Breeder Rearing Areas › Section 61-28-4 - Powers and duties of the Commissioner

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The Commissioner may:
4.1.a. Establish guidelines for the movement
				of poultry litter into restricted areas;
4.1.a.1. A person shall not transport, move,
				or sell poultry litter into any area engaged in the production of commercial
				primary poultry breeder stock.
4.1.a.1(a) Any
				farm located within the area engaged in the production of commercial primary
				poultry breeder stock shall be given reasonable consideration to acquire
				poultry litter being produced by the primary poultry breeder facility within
				the area.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-28 - Poultry Litter and Manure Movement into Primary Breeder Rearing Areas › Section 61-28-5 - Criminal penalties; civil penalties; negotiated agreement

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Criminal
				penalties. -- Any person who shall violate any of the provisions of this
				article, or who shall obstruct or hinder the commissioner, or any officer or
				employee, in the performance of his duties under this article, shall be guilty
				of a misdemeanor, and, upon conviction thereof, shall, for the first offense,
				be fined not more than one hundred dollars, and upon conviction for each
				subsequent offense fined not more than five hundred dollars, and in addition to
				such fine may be confined in the county jail for not more than ninety days.
5.2. Upon application by the
				Commissioner, the circuit court of the county in which the violation is
				occurring, has occurred or is about to occur, may grant a temporary or
				permanent injunction restraining any person from violating or continuing to
				violate any of the provisions of this article or any rule promulgated under
				this article, notwithstanding the existence of other remedies at law. An
				injunction shall be issued without bond.
5.3. A state court may not allow for the
				recovery of damages for any administrative action taken, if the court finds
				that there was a probable cause for the action.
5.4. It is the duty of the prosecuting
				attorney of the county in which the violation occurred to represent the
				Department of Agriculture, to institute proceedings and to prosecute the person
				charged with a violation.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-28 - Poultry Litter and Manure Movement into Primary Breeder Rearing Areas › Section 61-28-6 - Right to appeal

Current through Register Vol. XLI, No. 28, July 12, 2024
Any order of the Commissioner of Agriculture shall be served
				  upon all affected persons by registered mail. Within ten days of the receipt of
				  any order any party adversely affected by the order may, in writing, request a
				  hearing before the Commissioner. The hearing and any judicial review thereof
				  shall be conducted in accordance with the applicable provisions of West
				  Virginia Code §
									29A-5-1
et.seq
. and West Virginia Code §
									29A-6-1
				  et seq. under the Department's rule, Poultry Litter and Manure Movement Into
				  Primary Poultry Breeder Rearing Areas 61CSR28.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-29 - Industrial Hemp › Section 61-29-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. - This
				rule establishes requirements for the licensing, cultivating, testing,
				supervision, production, processing and sale of industrial hemp in West
				Virginia.
1.2. Authority. - W. Va.
				Code § 19-12E-7.
1.3. Filing
				Date. - April 30, 2020
1.4.
				Effective Date. - July 1, 2020
1.5.
				Sunset Date. - This rule shall terminate and have no further force or effect
				July 1, 2030.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-29 - Industrial Hemp › Section 61-29-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Act" means
				the "Industrial Hemp Development Act of 2002, codified at W. Va. Code §
				19-12E-1
et seq
.
2.2. "Commissioner" - means the Commissioner
				of Agriculture.
2.3. "Department" -
				means the West Virginia Department of Agriculture.
2.4. "Hemp" or "industrial hemp" means all
				parts and varieties of the plant CannabissativaL. and any part of the plant,
				including the seeds of the plant and all derivatives, extracts, cannabinoids,
				isomers, acids, salts, and salts of isomers, whether growing or not, that
				contain a tetrahydrocannabinol concentration of not greater than 0.3%, or the
				concentration authorized by federal law, whichever is greater.
2.5. "Law enforcement officer" - means an
				officer responsible for maintaining public order and enforcing the law,
				particularly the activities of prevention, detection and investigation of crime
				and the apprehension of criminals.
2.6. "License" - means license to grow,
				research, process, or possess hemp that has been issued by the Commissioner
				pursuant to this rule following a successful application and review
				process.
2.7. "Licensee" - means a
				person or entity who has been issued a license by the Department.
2.8. "Product" means any article or substance
				having raw material or another product as an ingredient, that are prepared in a
				form available for commercial sale.
2.9. "Raw materials" means plant material
				harvested by a licensee that remains in an unprocessed form that is not
				prepared for commercial sale.
2.10.
				"Research and development" - means growth of industrial hemp for for the
				purpose of discovering and enabling development of useful processes,
				information and products and not for commercial development or sale.
2.11. "Tetrahydrocannabinol" or "THC" means
				the natural or synthetic equivalents of the substances contained in the plant,
				or in the resinous extracavities of, cannabis, or any synthetic substances,
				compounds, salts, or derivatives of the plant or chemicals and their isomers
				with similar chemical structure and pharmacological activity.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-29 - Industrial Hemp › Section 61-29-3 - License To Grow Hemp

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. An
				applicant for a license to grow hemp shall provide to the Commissioner, on a
				form prescribed by the Commissioner, and during the time prescribed by the
				Commissioner for submission of applications, the following information:
3.1.a. The name and mailing address of the
				applicant;
3.1.b. A legal
				description and global positioning coordinates sufficient for locating the
				production fields to be used to grow industrial hemp.
3.1.c. Any other information the Commissioner
				considers appropriate.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-29 - Industrial Hemp › Section 61-29-4 - Notification Reports

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Within
				sixty (60) days of being issued a license pursuant to section 3 of this rule,
				the licensee shall certify to the Commissioner that he or she has provided a
				copy of that license to both the sheriff of the county in which the hemp is
				being grown and the local detachment of the West Virginia State
				Police.
4.2. Prior to planting,
				each licensee shall file a report with the Commissioner that includes:
4.2.a. Documentation, according to protocols
				approved by the Commissioner, showing that the seeds planted are of a type and
				variety certified to contain no more than the maximum level of THC authorized
				by this rule;
4.2.b. A description
				of the varieties to be planted and a map showing where they are to be planted;
				and
4.2.c. A copy of any contract
				to grow industrial hemp.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-29 - Industrial Hemp › Section 61-29-5 - Inspection Program for Testing and Supervision During Growth and Harvest

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. A licensee is
				subject to sampling of his or her industrial crop at any time during growth and
				harvest to verify that the THC concentration does not exceed the concentration
				permitted by this rule.
5.2. The
				Department shall sample hemp crops prior to harvest. The licensee shall contact
				the Department at least thirty (30) days prior to the intended harvest date to
				allow sampling before harvest.
5.3.
				During any inspection and/or sampling, the licensee, or his or her authorized
				representative, shall be present at the growing operation and provide the
				Department's inspector with compete and unrestricted to access to all
				industrial hemp plants and seeds
,
whether growing or
				harvested, all land, buildings and other structures used for the cultivation
				and storage of industrial hemp, and all documents and records pertaining to the
				industrial hemp crop.
5.4. The
				inspector shall sample the industrial hemp plants utilizing protocols
				established by the Department. Such protocols shall, at a minimum, comply with
				the following requirements:
5.4.a. Composite
				samples of each varity of industrial hemp may be sampled from the growing areas
				at the Department's discretion.
5.4.b. The sampled material shall be divided
				into two equal parts: one part shall be used for testing, the other part shall
				be retained for retesting.
5.4.c.
				Quantitative laboratory determination of the THC concentration will be
				performed according to protocols approved by the Commissioner.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-29 - Industrial Hemp › Section 61-29-6 - License to Process Hemp

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. An
				applicant for a license to process hemp shall provide to the Commissioner, on a
				form prescribed by the Commissioner and during the time prescribed by the
				Commissioner for submission of applications, the following information:
6.1.a. The name and mailing address of the
				applicant;
6.1.b. The address and
				legal description of the location or locations to be used to process hemp;
				and
6.1.c. Any other information
				the Commissioner considers appropriate.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-29 - Industrial Hemp › Section 61-29-7 - Inspection of Hemp Processing Facilities

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. All hemp processing facilities licensed
				pursuant to section 6 of this rule are subject to inspection.
7.2. Processing licensees shall establish
				policies and procedures for each processing facility that contain the
				following:
7.2.a. Measures to exclude from
				any operations any person who might be a source of microbial contamination, due
				to a health condition, where such contamination may occur, of any material,
				including components, CBD related compound, and contact surfaces used in the
				manufacture, packaging, labeling, or holding of a CBD related
				compound;
7.2.b. The use of
				hygienic practices to the extent necessary to protect against adulteration of
				components, CBD related compounds, or contact surfaces;
7.2.c. The qualification and training of
				employees;
7.2.d. Procedures to
				keep the grounds of the physical processing plant in a condition that protects
				against the contamination of components, CBD-related compounds, or contact
				surfaces;
7.2.e. Requirements to
				keep the physical processing plant in a clean and sanitary condition and in
				good repair to prevent components, CBD related compounds, or contact surfaces
				from becoming contaminated.
7.2.f.
				Selection, use, and storage of cleaning compounds and sanitizing
				agents;
7.2.g. Cleaning of the
				physical plant and pest control;
7.2.h. Standards for equipment and utensils
				utilized in the processing of hemp, including the proper repair and
				sanitation;
7.2.i. For the use of
				automated, mechanical, or electronic equipment:
7.2.i.1. Quality control procedures to
				calibrate, inspect, or check equipment to ensure proper performance;
7.2.i.2. Controls for equipment to ensure
				that changes to the manufacturing, packaging, labeling, holding, or other
				operations are approved by quality control personnel and instituted only by
				authorized personnel; and
7.2.i.3.
				Appropriate training and supervision of personnel operating the
				equipment.
7.2.j.
				Production and process controls;
7.2.k. Specifications for any point, step, or
				stage in the manufacturing process where control is necessary to ensure the
				quality of the CBD related compound and that the CBD related compound is
				packaged and labeled as required; and
7.2.l. Corrective action plans for use when
				necessary.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-29 - Industrial Hemp › Section 61-29-8 - Enforcement and Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The
				Commissioner shall have authority to enforce the provisions of this article,
				the Industrial Hemp Development Act, W. Va. Code § 19-12E-1
et
				seq
., and the requirements established by the United States Department
				of Agriculture for the regulation of industrial hemp.
8.2. The Commissioner has the authority to
				take action against a licensee for any violation of, or failure to comply with,
				established requirements for license holders and their operations. Such grounds
				can include, but are not limited to:
8.2.a.
				Refusal or failure of a licensee to provide any information required or
				requested by the Commissioner for the purposes of this Act;
8.2.b. Providing false, misleading, or
				incorrect information pertaining to the applicant or licensee's cultivation of
				industrial hemp to the Commissioner, by any means, including but not limited to
				information provided in any application form, report, record or inspection
				required or maintained for purposes of the Act, or failing to timely update
				information previously provided;
8.2.c. Receipt of test results showing that
				the licensee's crop contains more than the permissible amount of THC;
				or
8.2.d. Failing to pay the costs
				incurred as a result of the inspection and testing required by this
				rule.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-30 - Hemp Products › Section 61-30-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				This legislative rule provides for the registration and regulation of hemp
				products sold within the State of West Virginia.
1.2. Authority. -- W. Va. Code §
									19-12E-7
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 61-30 - Hemp Products › Section 61-30-3 - Regulatory authority

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The
				Department has the authority to deny product registrations it deems are
				potentially hazardous and/or pose a threat to consumer safety.
3.2. Rules governing the requirements for
				licensing, cultivating, testing, processing, supervision, production, and sale
				of raw hemp in West Virginia are found in 61 C.S.R. 29.
3.3. The rules provided in this rule are in
				addition to any requirements imposed by the United States Department of
				Agriculture, the federal Food and Drug Administration, or any other federal
				agency with regulatory authority over hemp products.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-30 - Hemp Products › Section 61-30-4 - Registration of hemp products or extracts

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. All hemp
				products available for distribution in West Virginia shall register annually
				with the Department. This includes products manufactured in West Virginia,
				another state, or another country.
4.2. Application for hemp product
				registrations shall be made to the Department on a form provided by the
				Department, and shall include the following information:
4.2.a. The name and address of the
				registrant;
4.2.b. The name and
				address of the person whose name shall appear on the label, if other than the
				registrant's;
4.2.c. The name of
				the product;
4.2.d. The origin of
				the raw hemp with which the final product was manufactured;
4.2.e. A complete copy of the label that will
				appear on the product;
4.2.f. The
				associated registration fee.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-30 - Hemp Products › Section 61-30-5 - Registration to distribute and sell hemp products

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. All retail
				facilities, including online domains and websites are required to register with
				the Department to sell hemp products in West Virginia.
5.2. Application to sell and distribute hemp
				products shall be made to the Department on a form provided by the Department
				and shall include the following information:
5.2.a. Name and address of the applicant's
				retail store; or, if the applicant is selling at an on-line store, this must be
				indicated on the form;
5.2.b. Name
				and home address of the responsible party;
5.2.c. The associated registration
				fee.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-30 - Hemp Products › Section 61-30-7 - Labeling

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Hemp
				products for human consumption as a food or dietary supplement shall be labeled
				in accordance with FDA guidelines for food or dietary supplement
				labeling.
7.2. Hemp products
				produced for topical absorption by humans shall be labeled in accordance with
				FDA guidelines for Cosmetic Products Warning Statements.
7.3. Hemp products shall not contain disease
				or drug claims on the label that are not approved by the FDA.
7.4. The product lot on the label must be
				traceable to the plant origin.
7.5.
				Hemp products meant for animal consumption shall be labeled and comply with the
				West Virginia Commercial Feed Law, West Virginia Code §
									19-14-1
et
				seq.
7.6. Hemp seed
				products intended for cultivation shall be labeled in accordance with the West
				Virginia Seed Law, West Virginia Code §
									19-16-1
et
				seq.
7.7. Product labels
				must be clear and legible.
7.8.
				Labels must be printed in English.
7.9. The following labeling is forbidden:
7.9.a. Unless at least 51% of the hemp in the
				product is grown in the state of West Virginia, the hemp product cannot be
				labeled as a West Virginia hemp product.
7.9.b. The product cannot be attractive to
				children. This includes, but is not limited to:
7.9.b.1. The use of cartoons;
7.9.b.2. The use of images popularly used to
				advertise to children; or
7.9.b.3.
				The imitation of a candy label.
7.9.c. The label cannot include false or
				misleading information. This includes untrue or unproven information that leads
				consumers to have an inaccurate impression.
7.9.d. The label cannot include the use of
				the word "organic" unless referencing certified organic products that have been
				certified as organic in accordance with the National Organic Program, as
				provided for by the USDA.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-30 - Hemp Products › Section 61-30-8 - Handling and transport

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. It is lawful
				in West Virginia to transport and possess CBD and THC products, so long as the
				THC content does not exceed that permitted by law.
8.2. Hemp products may be legally transported
				across state lines and exported to foreign countries in a manner that is
				consistent with federal law and laws of respective foreign countries.
8.3. For time- and temperature-controlled
				products for human consumption, sellers must meet FDA guidance for maintaining
				safe handling, storage, and preservation of the product.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-30 - Hemp Products › Section 61-30-10 - Enforcement actions on unregistered sellers and products

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. If the seller
				or a manufacturer does not renew its registration annually, the Commissioner is
				authorized to take enforcement actions against the seller or manufacturer as
				set forth in this section.
10.2.
				Upon the first offense:
10.2.a. The seller or
				product manufacturer will be notified in writing that they must register with
				the Department; and
10.2.b. The
				seller or product manufacturer will be given 14 days to register with the
				Department.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-30 - Hemp Products › Section 61-30-11 - Enforcement actions on products violations and related penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. The
				Commissioner may assess a violation of West Virginia Code §
									19-12E-7
et. seq.
or this rule.
11.2. Violations
				shall be broken into classes, dependent on the severity. Violations are
				classified as follows:
11.2.a. Class I
				violations are flagrant violations and include, but are not limited to:
11.2.a.1. Hemp products that are unsafe or
				adulterated or show cause for immediate human or animal health concern;
				and
11.2.a.2. Hemp products that
				contain more than the THC content authorized by law.
11.2.a.3. Third offense registration
				violations as defined in subsection 10.4 of this rule.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-30 - Hemp Products › Section 61-30-12 - Embargos

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. Embargo
				orders.
12.1.a. When the Commissioner has
				reasonable cause to believe any lot of hemp product is being manufactured
				distributed offered for sale exposed for sale or used in this state in
				violation of the provisions of this rule a written embargo order may be issued
				and enforced warning the custodian of the hemp product not to manufacture,
				distribute, use, remove, or dispose of it in any manner until the embargo is
				released by the Commissioner or by court order.
12.1.b. When the embargo is issued, the
				Commissioner shall affix a tag or other marking to the hemp product, warning
				that such product is under embargo and shall notify the custodian of the right
				to request a hearing.
12.1.c. The
				Commissioner shall release the hemp product so embargoed when said product has
				been brought into compliance with this article and its rules.
12.1.d. The Commissioner shall have the
				authority to issue an embargo against a perishable product even if the result
				is the involuntary disposal of the product.
12.1.e. The Commissioner may take action to
				seize and condemn any product if not brought into compliance with this rule
				within the aforesaid time frame.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-31 - Livestock Care Standards › Section 61-31-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				This legislative rule governs the care and well-being of livestock including,
				beef cattle, bison, veal, dairy cattle, equine, swine, small ruminant, and
				poultry, and captive cervids in the state of West Virginia.
1.2. Authority. -- West Virginia Code §
									19-1C-4(c).
1.3. Filing Date. -- April 14, 2023
1.4. Effective Date. -- May 1, 2023
1.5. Sunset Date. -- This rule will terminate
				and have no further force and effect on August 1, 2033.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-31 - Livestock Care Standards › Section 61-31-3 - Addressing complaints regarding inhumane treatment of livestock

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The county
				sheriff, humane officer, county commission, or other designated county
				authority is responsible for investigating and taking any action in response to
				a complaint of inhumane treatment of animals or livestock.
3.1.a. The Department shall forward
				complaints received by the Department to the responsible law enforcement
				officer of the county in which the conduct complained of occurred.
3.1.b. Law enforcement officers shall forward
				all complaints received regarding the inhumane treatment of livestock to the
				Department.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-31 - Livestock Care Standards › Section 61-31-4 - Feed, water, and ventilation

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The
				responsible party shall provide its livestock with adequate feed, water and
				ventilation so as to maintain a body condition appropriate for its age, use,
				and stage of production, and given weather conditions.
4.2. A responsible party may withhold feed
				and water for the following reasons:
4.2.a.
				Specific management practices;
4.2.b. Health care purposes; or
4.2.c. Emergency situations.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-31 - Livestock Care Standards › Section 61-31-5 - Space

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The
				responsible party shall provide livestock sufficient space which may consist of
				the following:
5.1.a. An enclosure to
				confine;
5.1.b. An enclosure to
				semi-confine; or
5.1.c. An outdoor
				lot or pasture.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-31 - Livestock Care Standards › Section 61-31-6 - Health care

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The
				responsible party shall promptly provide health care sufficient to maintain
				livestock which shall include:
6.1.a.
				Immunizations and vaccinations;
6.1.b. Use of pharmaceuticals and
				biologicals. Pharmaceuticals and biologicals shall be used in accordance with
				label directions or as directed by a licensed veterinarian; and
6.1.c. Prescription and extra-label
				medications. Prescription and extra-label medications shall be administered as
				directed by a licensed veterinarian with a valid-client-patient
				relationship.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-31 - Livestock Care Standards › Section 61-31-7 - Preparing animals for exhibition

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The
				responsible party shall train, fit and restrain livestock for exhibition in a
				manner that minimizes the risk of injury to the livestock.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-31 - Livestock Care Standards › Section 61-31-8 - Livestock handling

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The
				responsible party shall do the following in a manner that minimizes the risk of
				injury to the livestock:
8.1.a. Handling of
				livestock; and
8.1.b. Loading or
				unloading of livestock for or from transport.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-31 - Livestock Care Standards › Section 61-31-9 - Transportation

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Livestock
				must be able to stand in their natural posture or position or rest, and poultry
				must have sufficient floor space to perch or rest based on poultry production
				standards, production type, management guides and housing type.
9.2. The transport driver is solely
				responsible for the welfare of livestock during transit.
9.3. The responsible party shall make the
				final decision in determining the fitness of the transportation for livestock
				loading and transport and on the load density. The density of a load shall be
				determined by the need to minimize injury and must allow fallen animals to
				rise.
9.4. During transit,
				livestock should be reasonably protected from adverse weather
				conditions.
9.5. Transporters shall
				stop every 28 hours, unload the livestock, and provide livestock with food,
				water and rest for at least five (5) consecutive hours, unless the
				transportation vehicle allows the livestock to lay down and rest and have
				access to feed and water.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-31 - Livestock Care Standards › Section 61-31-10 - Handling of disabled and distressed livestock

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. The
				responsible party for ambulatory disabled, non-ambulatory disabled, or
				distressed livestock shall provide appropriate protection from other animals,
				predators and weather extremes as required by the condition of the
				animal.
10.2. The responsible party
				shall provide ambulatory disabled, non-ambulatory
				disabled
,
or distressed livestock with access to
				water, and if maintained longer than twenty (24) hours, access to
				feed.
10.3. The responsible party
				shall handle and move ambulatory disabled, non-ambulatory disabled or
				distressed animals in a manner that minimizes the risk of additional
				distress.
10.4. The responsible
				party shall load disabled livestock only for transport for treatment.
10.5. The responsible party shall dispossess
				livestock in severe distress with an irreversible condition.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-31 - Livestock Care Standards › Section 61-31-11 - Bio-security

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. The
				responsible party may enforce bio-security protocols and limit public access to
				farms.
11.2. The responsible party
				may use animals, devices or fencing for predator control.