reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-06D - Nutrient Management Certification › Section 61-6D-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Certified
				nutrient management planner" means a person certified by the Department under
				this subtitle to prepare and update a nutrient management plan.
2.2. "Field identification number" means a
				number used by a farmer or operator to distinguish or pinpoint the location of
				a field or management unit on a farm.
2.3. "Nutrient content" means the percentage
				of any primary nutrients such as N (Nitrogen), P (Phosphorus), K (Potassium)
				and secondary nutrients such as Ca (Calcium), or Mg (Magnesium) in any type of
				source of plant nutrients.
2.4.
				"Nutrient management plan" or "plan" means a plan prepared by a certified
				nutrient management planner to manage the amount, form, placement, timing, and
				application of commercial fertilizers, animal manures, bio-solids, or other
				plant nutrients in order to prevent pollution and to maintain soil
				productivity.
2.5. "Primary crop
				nutrient needs" mean the primary nutrient requirements of a crop determined as
				pounds of nitrogen (N), available phosphate (P205) and soluble potash (K20) and
				approved liming materials required for production of a crop yield unit such as
				a bushel of corn or a ton of hay.
2.6. "Watershed code" means the USGS numeric
				code used by the State to identify a hydrologic unit area.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-06D - Nutrient Management Certification › Section 61-6D-3 - Certification Requirement

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Unless
				certified by the Department, under this rule a person shall not act as a
				certified nutrient management planner.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-06D - Nutrient Management Certification › Section 61-6D-4 - Certification Application and Examination Requirement

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. To apply for the examination to be
				certified as a nutrient management planner, an applicant shall file the
				following with the Department at least thirty (30) days prior any announced
				examination:
4.1.a. A completed application
				on forms provided by the Department;
4.1.b. Proof of meeting one of the following:
4.1.b.1. Five (5) years of nutrient
				management practical experience working with farmers and an unrelated degree or
				no degree;
4.1.b.2. Three (3) years
				of practical experience and a two (2) year associates degree in an agricultural
				related field; or
4.1.b.3. One (1)
				year of experience and a baccalaureate degree in an agricultural related field
				(Agriculture or Natural Resources);
4.1.c. Current or former employers who
				supervised the applicant' nutrient management activities shall provide
				verification on Department forms. Nutrient management experience will be listed
				as a percentage of the time the individual performed actual nutrient management
				activities.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-06D - Nutrient Management Certification › Section 61-6D-5 - Examination

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The Department
				shall offer a certification examination for nutrient management planners once a
				year on the first Friday of February. The Department may add additional
				certification examination dates at its discretion. The Department shall give
				sixty (60) days public notice of the time and place for each
				examination.
5.2. The Department
				may provide required prepatory training or a list of study materials before any
				examination is given.
5.3. The
				Department shall allow a candidate who fails a certification examination to
				make application to take the exam at the next scheduled exam date.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-06D - Nutrient Management Certification › Section 61-6D-6 - Certification

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The Department
				shall certify any person as a nutrient management planner who:
6.1.a. Meets the requirements of this
				rule;
6.1.b. Passes the Department
				certification examination.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-06D - Nutrient Management Certification › Section 61-6D-7 - Certification Renewal

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The
				Department shall issue nutrient management certificate for two (2) years and
				may renew it at the end of the second year if the certificate holder meets the
				requirements of this section. However, the Department shall revoke a nutrient
				management certification after the first year if the certificate holder does
				not submit an annual activity report as described in 7.1.c of this section.
7.1.a. The certificate holder shall submit a
				renewal application on the form provided by the Department which provides proof
				of the satisfactory completion within the past two (2) years of at least twelve
				(12) hours of continuing education, workshops, or other training programs that
				have been pre-approved by the Department. To facilitate certificate holders to
				gain the twelve (12) hours of training the Department shall provide a minimum
				of six (6) hours continuing education training annually.
7.1.b. The certificate holder shall submit,
				on the form required by the Department, an annual activity report on nutrient
				management plans by December 31. The annual report shall include but is not
				limited to:
7.1.b.1. The name and
				certification number of the certificate holder;
7.1.b.2. The USGS 12 digit Watershed Code of
				the nutrient management plan;
7.1.b.3. County Name in which the nutrient
				management plan was written;
7.1.b.4. The number of acres in the nutrient
				management plan, animal units, and amount of nutrients under improved
				management.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-06D - Nutrient Management Certification › Section 61-6D-8 - Revocation of Nutrient Management Certification

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1 The Department shall revoke a nutrient
				management certificate if the certificate holder has:
8.1.a. Not submitted the annual report
				required by 7.1.b of this rule;
8.1.b. Not submitted renewal form as required
				by 7.1.a of this rule;
8.1.c. Not
				met the continuing education criteria as outlined in 7.1.a of this
				rule;
8.1.d. Falsified any document
				related to the Nutrient Management Program;
8.1.e. Misrepresented certification;
				or
8.1.f. Violated any applicable
				federal or state laws and rules.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-07A - Marketing Of Eggs Regulations › Section 61-7A-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes standards for internal and external egg quality, size and
				weight classifications for shell eggs. The intent of this legislative rule is
				to protect and promote the public health and general welfare and to prevent
				fraud and deception in the production, processing, sale and distribution of
				eggs.
1.2. Authority. -- W. Va.
				Code '19-10A-10.
1.3. Filing Date. B April 10, 2000.
1.4 Effective Date. -- June 1,
				2000.
1.5 Incorporation by
				Reference. -- The following documents are incorporated in this rule by
				reference in their entirety.
1.5.a. United
				States Standards for Quality of Individual Shell Eggs and United States
				Consumer Grades and Weight Classes for Shell Eggs as provided for origin and
				destination tolerances.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-07A - Marketing Of Eggs Regulations › Section 61-7A-2 - Permits and Inspection Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				The Department shall issue an "Egg Distributor Permit" to every person
				distributing eggs in West Virginia. Permits shall be issued for each place of
				operation and are not transferable with respect to persons or locations. An
				inspection fee will be paid by the distributor or producer first delivering
				eggs into West Virginia or proof will be provided that the inspection fee has
				been paid. Certificates are renewable and shall be posted in a conspicuous
				location in holder' place of business. The Commissioner may revoke or suspend
				the certificate of any person who fails to comply with the provisions of this
				rule and shall refuse to issue a certificate to willful violators.
2.2. Application for certificates shall be
				made on forms supplied by the Commissioner and provide any information that is
				considered necessary by the Commissioner. Permits shall be applied for at least
				thirty (30) days prior to the expiration of the current permit or within thirty
				(30) days of the date that the person intends to engage in business. The
				certificate shall expire on the thirtieth (30th) day of June following date of
				issue.
2.3. The annual permit fee
				of ten dollars ($10.00) shall accompany the application for the certificate. A
				penalty of ten dollars ($10.00) is added to all certificates that are not
				applied for or renewed within this time limit.
2.4. The Commissioner shall assess an
				inspection fee of $0.08 per thirty (30) dozen case to any person processing
				and/or distributing eggs in West Virginia. The processor or distributor shall
				submit a quarterly (March, June, September, December) report on forms supplied
				by the Commissioner. Payment of the inspection fee is due by the fifteenth
				(15th) day of the following respective quarter. The Commissioner shall assess a
				penalty of ten percent (10%) on inspection fees which are due and payable but
				which have not been remitted to the Commissioner within thirty (30) days
				following the due date. Additionally, the Commissioner shall assess a processor
				or distributor who is not required to pay inspection fees a ten dollar ($10.00)
				penalty for reports not received within thirty (30) days following the due
				date.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-07A - Marketing Of Eggs Regulations › Section 61-7A-3 - Exemptions For Small Producers

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. A
				small producer is any person marketing one hundred fifty (150) dozen of eggs or
				less per week of his or her own production. Any person marketing one hundred
				fifty (150) dozen or less per week of his or her own production shall register
				with the West Virginia Department of Agriculture on forms provided by the
				Commissioner but is exempt from paying permit or inspection fees as set forth
				in Section 2 of this rule. Small producers will label their cartons with:
3.1.a. The name and address of the
				responsible person or business producing and selling the eggs;
3.1.b. The date the eggs are packed;
				and,
3.1.c. The words "Ungraded
				Eggs" in print of at least five-eighths (5/8) inch .
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-07A - Marketing Of Eggs Regulations › Section 61-7A-4 - Prohibited Acts

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. No person,
				firm or corporation shall sell, traffic in or deliver to the retail or
				consuming trade any shell eggs that are:
4.1.a. Labeled with descriptive terminology
				to describe eggs that have not been graded and sized according to the standards
				set forth by the United States Standards for Quality of Individual Shell Eggs
				and United States Consumer Grades and Weight Classes for Shell Eggs as provided
				for origin and destination tolerances.
4.1.b. No person may use descriptive
				terminology such as "fresh" or represent eggs to be "fresh" except those eggs
				that meet the minimum requirements of Grade A or higher according to the
				standards set forth by the United States Standards for Quality of
Individual Shell Eggs and United States Consumer Grades and
				  Weight Classes for Shell Eggs as provided for origin and destination
				  tolerances.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-07A - Marketing Of Eggs Regulations › Section 61-7A-5 - Embargo Orders

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. An embargo
				may be issued when eggs offered or intended for sale do not comply with the
				provisions of this rule. An embargo shall specify the reason for its issuance
				and shall detail the character of the violation.
5.2. An embargo shall prohibit the sale, use,
				or transportation of eggs in any manner until the embargo is released by the
				Commissioner.
5.3. In order to
				ensure the quality of eggs in the state, the Commissioner may at his or her
				discretion:
5.3.a. Issue a general embargo to
				a distributor, processor, packer or retail outlet should eggs being marketed in
				West Virginia do not comply with the provisions of this rule; and
5.3.b. Order an Administrative Hearing to
				determine whether or not the "Egg Distributor Permit" should be
				revoked.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-07A - Marketing Of Eggs Regulations › Section 61-7A-6 - Labeling Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				Any container or sub-container in which eggs are marketed shall label the
				exterior portion of the container, at a minimum, as required by W. Va. Code
				'19-10A-7. The following
				additional labeling is required:
6.2. A person may distribute, offer for sale,
				or sell loose eggs only if that person places a placard on or near the eggs
				that plainly and conspicuously displays their grade, size, name of packer or
				distributor and their address. The grade and size may not be abbreviated. The
				placard shall be of legible print in block letters not less than three eighths
				(3/8) inch in height. The minimum size of this placard shall be four and one
				half by six (4 2 x 6) inches.
6.3.
				Eggs that are packed for breaking plants shall be labeled according to USDA
				requirements.
6.4. Eggs that are
				packed in retail breakaway cartons that can be divided by the consumer or
				retailer into smaller units for the purpose of selling lesser amounts of eggs,
				each half or portion of the container shall list full information labeling as
				required in the WV Code '19-10A-7.
6.5. Egg producers who own three thousand
				birds or less shall denote the expiration date of the eggs on the outside
				container in which the egg cards are transported or on an invoice provided to
				the retailer.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-07A - Marketing Of Eggs Regulations › Section 61-7A-7 - Advertising

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. All eggs
				advertised or displayed for sale for human food at a given price shall
				designate the correct grade and size, and that designation shall also appear on
				the exterior of the container in which eggs are offered for sale. The grade and
				size designations may not be abbreviated.
7.2. Restaurants, hotels, delicatessens and
				other eating places using eggs below"A"quality shall display, in a location
				where it can easily be seen by the customers a placard on heavy cardboard of
				not less than eight (8) by eleven (11) inches, stating the quality and weight
				of the eggs used by the establishment. In lieu of a placard the establishment
				may place this information on the menu.
7.3. No eggs being advertised or labeled with
				claims of unusual interior quality or superiority shall be sold until a
				statement of proof is submitted to the Commissioner and/or an inspection
				confirms the claim.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-07A - Marketing Of Eggs Regulations › Section 61-7A-8 - Egg Handling Facilities, Temperature and Humidity, Sanitation and Cleaning

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Any person,
				packer, distributor, wholesaler, retailer, restaurant or institution engaged in
				the assembling, marketing, transporting or the processing of eggs for marketing
				shall:
8.1.a. Maintain the eggs above
				freezing at forty-five (451F) degrees Fahrenheit ambient temperature or
				less;
8.1.b. Maintain a relative
				humidity that will minimize shrinkage;
8.1.c. Store egg cartons in a clean and
				sanitary area, free of foreign odor;
8.1.d. Keep cartons clean and free of foreign
				odor and debris; and
8.1.e. Wash
				eggs in an acceptable and sanitary method prior to packing.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-08 - West Virginia Grades and Standards for Apples › Section 61-8-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				These legislative regulations establish West Virginia State Grades and
				Standardsfor Apples.
1.2.
				Authority. -- W. Va. Code §19-5
1.3. Filing Date. -- April 19, 1966
1.4. Effective Date. -- June 1,
				1966
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-08 - West Virginia Grades and Standards for Apples › Section 61-8-2 - Red, partial red and blushed varieties

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. West Virginia Extra Fancy or West
				Virginia First Grade. -- West Virginia Extra Fancy or West Virginia First Grade
				consists of apples of one (1)variety which are mature but not overripe, hand
				picked, clean, fairly well formed, free from decay, internal browning, internal
				breakdown, bitter pit, Jonathan spot, scald, freezing injury, broken skins,
				bruises (except those incident to proper handling and packing), and visible
				water core, and free from damage caused by russeting, sunburn or sprayburn,
				limb rubs, hail, drought spots, scars, stem or calyx cracks, other diseases,
				insects, mechanical or other means.
2.2. West Virginia Fancy or West Virginia
				Second Grade. -- West Virginia Fancy or West Virginia Second Grade consists of
				apples of one (1) variety which are mature but not overripe, hand picked, not
				seriously deformed, free from decay, internal browning, internal breakdown,
				scald, and freezing injury and free from serious damage caused by dirt, foreign
				matter, broken skins, bruises, russeting, sunburn, limb rubs, hail, drought
				spots, scars, stem or calyx cracks, visible water core, diseases, insects,
				mechanical or other means.
2 3. West Virginia C Grade or West Virginia Hail Grade. --
				  West Virginia C Grade or West Virginia Hail Grade consists of apples of one (1)
				  variety which are mature, hand picked, clean, not badly misshapen, sound and
				  free from serious damage caused by hail or punctures.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-08 - West Virginia Grades and Standards for Apples › Section 61-8-3 - Green or yellow varieties

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. West
				Virginia Extra Fancy or West Virginia First Grade. - West Virginia Extra Fancy
				or West Virginia First Grade consists of apples of one (1)variety which are
				mature, hand picked, clean, well formed, and sound, free from bruises,
				russeting, sprayburn, sunburn, limb rubs, drought spots, hail marks, visible
				water core, broken skin, apple scab, disease, insect injury and stings, except
				slight blemishes shall be permitted in this grade.
3.2. West Virginia Fancy or West Virginia
				Second Grade. West Virginia Fancy or West Virginia Second Grade consists of
				apples of one (1) variety which are mature, handpicked, clean, fairly well
				formed, and sound, free from visible water core, broken skin, and damage caused
				by bruises, limb rubs, sprayburn, sunburn, russeting, drought spots, hail
				marks, applescab, disease and insect injury.
3.3. West Virginia C Grade or West Virginia
				Third Grade. -- West Virginia C Grade or West VirginiaThird Grade consists of
				apples of one (1) variety which are mature, handpicked, clean, not badly
				misshapen, and sound, free from serious damage caused by sunburn, sprayburn,
				limb rubs, russeting, growth cracks, visible water core, hail marks, drought
				spots, disease, insect injury, soft bruises and broken skin except that apples
				having Fancy or better color for variety may contain punctures not exceeding1/4
				inch in diameter.
3.4. West
				Virginia Hail Grade. -- West Virginia Hail Grade consists of apples which meet
				the grade and color requirements of West Virginia Combination Extra Fancy and
				West Virginia Fancy, except hail marks where the skin has not been broken and
				well healed hail marks where the skin has been broken shall be permitted
				provided the apples are fairly well formed.
3.5. In addition, each apple in the preceding
				grades shall have the amount of color specified in 5.1 of these rules for the
				variety and grade.
3.6. West
				Virginia Early designation. -- The term"early" may be used in conjunction with
				3.1 and 3.2 of these rules, or combination thereof, to describe lots of apples
				normally packed and marketed during the summer months. Apples shall meet the
				requirements of the grade as marked except they need not be mature, there is no
				color requirement and they are not less than 2 inches in diameter. The term
				"Early"shall next follow the grade statement and not he abbreviated. Early
				grades apply to those varieties listed in USDA Standards under No. 1 Early and
				shall inelude Summer Rambo and Northwestern Greenings
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-08 - West Virginia Grades and Standards for Apples › Section 61-8-4 - Combination grades

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				Combination West Virginia Extra Fancy and West Virginia Fancy. -- When West
				Virginia Extra Fancy and West Virginia Fancy apples are packed together, the
				boxes may be marked "Combination West Virginia Extra Fancy and West Virginia
				Fancy" and shall contain at least eighty percent (80%) Extra Fancy apples,
				except Newtowns which shall contain at least twenty-seven percent (27%) Extra
				Fancy apples.
4.2. Combination West
				Virginia Fancy and West Virginia C Grade. -- When West Virginia Fancy and West
				Virginia C Grade are packed together, the boxes may be marked "Combination West
				Virginia Fancy and West Virginia C Grade" and shall contain at least eighty
				percent (80%) Fancy apples, except Newtowns which shall contain at least
				twenty-five percent (25%)Fancy apples.
4.3. West Virginia Economy Grade. -- West
				Virginia Economy Grade consists of apples of one (1)variety which may be hand
				picked or drops, free from dirt or foreign material, shall contain not more
				than two percent (2%) Soft Rot or be otherwise seriously damaged to cause a
				loss over twenty percent (20%) by weight of an individual apple over normal
				loss occurring during customary preparation if the apple were sound. Five
				percent (5%) tolerance shall be allowed to cover variations incident to proper
				grading and handling. Five percent (5%) may be below the minimum size stated on
				the container.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-08 - West Virginia Grades and Standards for Apples › Section 61-8-5 - Color requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Percentage of color. -- In addition to the requirement specified for the grades
				set forth in 2.1and 3.4 of these rules, apples of these grades shall have the
				percentage of color specified for the variety in Table 1 (Appendix 1) appearing
				in this section. For the solid red varieties, the percentage stated refers to
				the area of the surface which must be covered with a good shade of solid red
				characteristic of the variety:
Provided,
That the apple
				having color of a lighter shade of solid red or striped red than that
				considered as a good shade of red characteristic of the variety may be admitted
				to a grade provided it has sufficient additional area covered so that the apple
				has as good an appearance as one with the minimum percentage of good red
				characteristic of the variety required for the grade. For the striped red
				varieties, the percentage stated refers to the area of the surface in which the
				stripes of a good shade of red characteristic of the variety shall predominate
				over stripes of lighter red, green or yellow. However, an apple having color of
				a lighter shade than that considered as a good shade of red characteristic of
				the variety may be admitted to a grade:
Provided,
it
				has sufficient additional area covered so that the apple has as good an
				appearance as one with the minimum percentage of stripes of a good red
				characteristic of the variety required for the grade. Faded brown stripes shall
				not be considered as color except in the case of the Gray Baldwin variety. (See
				Appendix 1)
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-08 - West Virginia Grades and Standards for Apples › Section 61-8-6 - Tolerances

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Grading and
				handling. -- In order to allow for variations incident to proper grading and
				handling, not more than a total of ten percent (10%) of the apples in any
				container may be below the requirements of the grade:
Provided,
That not more than five percent (5%) shall
				be seriously damaged by insects, not more than one tenth (1/10) of this amount,
				or one percent (1%) shall be allowed for decay and/or internal breakdown.
				Slight imperfections which are not discernible in good commercial sorting
				practices shall not be considered defects of grades
6.2. In addition, a ten percent(10%)
				tolerance shall be allowed for boxes which fail to meet stand and pack
				requirements.
6.3. When applying
				the foregoing tolerances to the combination grades, no part of any tolerance
				shall be used to reduce the percentage of apples of the higher grade required
				in the combination
6.4. Application
				of tolerance. -- The contents of individual packages in the lot are subject to
				the following limitations:
Provided,
That the average
				for the entire lot are within the tolerances specified for the grade. For a
				specified tolerance of ten percent(10%), not more than one and one-half (1 1/2)
				times the tolerance shall be allowed in any one (1) package. For specified
				tolerances of five percent (5%) or less,not more than double the tolerance
				shall be allowed in any one (1) package.
6.5. After fruit has been placed in storage
				or in transit, scald, breakdown, decay, bitter pit or physical injury affecting
				keeping quality which may have developed or may only have become evident after
				apples are packed are considered affecting conditions rather than
				grade.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-08 - West Virginia Grades and Standards for Apples › Section 61-8-7 - Packing requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				Tray packed or cell packed. -- Apples tray packed or cell packed in cartons
				shall be arranged according to approved and recognized methods. Packs shall be
				at least fairly tight1 or fairly well
				filled.2
7.2. Closed cartons -- Closed cartons
				containing apples not tray or cell packed shall be fairly well
				filled2 or the pack shall be sfficiently tight to
				prevent any appreciable movement of the apples.
7.3. Wooden boxes or baskets. -- Packs in
				wooden boxes or baskets shall be sufficiently tight to prevent any appreciable
				movement of apples within containers when the packages are closed. Each wrapped
				apple shall be completely enclosed by its individual wrapper.
7.4. Apples to be representative. -- Apples
				on the shown face of any container shall be reasonably representative in size,
				color and quality of the contents.
7.5. Tolerances. -- In order to allow for
				variations incident to proper packing, not more than ten percent (10%) of the
				containers in any lot may fail to meet these requirements.
1"Fairly tight" means that apples
				  are of the proper size for molds or cell compartments in which they are packed,
				  and that molds or cells are filled in such a way that no more than slight
				  movement of apples within molds or cells is possible. The top layer of apples,
				  or any pad or space filler over the top layer of apples shall be not more than
				  three-fourths (3/4) inch below the top edge of the carton.
2"Fairly well filled" means that
				  the net weight of apples in containers ranging from two thousand one hundred
				  (2,100) to two thousand nine hundred (2,900) cubic inch capacity is not less
				  than thirty-seven (37) pounds for Cortland, Gravenstein,Jonathan, Mcintosh and
				  Golden Delicious varieties and not less than forty (40) pounds for all other
				  varieties.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-08 - West Virginia Grades and Standards for Apples › Section 61-8-8 - Definition of terms - general

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1.
				"Mature" means that the apples have reached the stage of growth which will
				ensure the proper completion of the ripening process. Before a mature apple
				becomes overripe, it will show varying degrees of firmness depending upon the
				stage of the ripening process. The following terms are used for describing
				these different stages of firmness:
8.1.1.
				"Hard" means apples with a tenacious flesh and starchy flavor.
8.1.2. "Firm" means apples with a tenacious
				flesh but which are becoming crisp with a slight starch flavor (except the
				Delicious variety).
8.1.3. "Firm
				Ripe" means apples with crisp flesh except that the flesh of the apples of the
				Gano, Ben Davis and Rome Beauty varieties may be slightly mealy.
8.1.4. "Ripe" means apples with mealy flesh
				and soon to become soft for the variety.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-08 - West Virginia Grades and Standards for Apples › Section 61-8-9 - Definition of terms; red, partially red and blushed varieties

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. "Fairly Well
				Formed" means that the apple may be slightly abnormal in shape but not to
				anextent which detracts materially from its appearance
9.2. "Damage Defects":
9.2.1. Russeting in the stem cavity or calyx
				basin which cannot be seen when the apple is placed stem end or calyx end down
				on a flat surface shall not be considered in determining whether or not an
				apple is damaged by russeting, except that excessively rough or bark-like
				russeting in the stem cavity or calyx basin shall be considered as damage when
				the appearance of the apple is materially affected. The following types and
				amounts of russeting outside the stem cavity or calyx basin shall be considered
				as damage:
9.2.1.1. Russeting which is
				extensively rough on Roxbury Russet and other similar varieties.
9.2.1.2. Smooth net-like russeting, when an
				aggregate area of more than fifteen percent (15%) of the surface is covered,
				and the color of the russeting shows no very pronounced contrast with the
				background color of the apple, or lesser amounts of more conspicuous net-like
				russeting when the appearance is affected to the greater extent than the above
				amount permitted.
9.2.1.3. .Smooth
				solid russeting, when an aggregate area of more than five percent (.5%) of the
				surface is covered, and the pattern and color of the russeting shows no very
				pronounced contrast with the background color of the apple, or lesser amounts
				of more conspicuous solid russeting when the appearance is affected to a
				greater extent than the above amount permitted.
9.2.1.4. Slightly rough russeting which
				covers an aggregate area of more than 1/2 inch in diameter.
9.2.1.5. Rough russeting which exceed 1/4
				inch in diameter, unless it is well within the stemcavity or calyx basin and is
				not readily apparent.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-08 - West Virginia Grades and Standards for Apples › Section 61-8-10 - Definitions of terms: green or yellow varieties

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. "Well Formed" means having the normal
				shape characteristic of the variety except the shape may be slightly irregular:
Provided,
That it does not detract from the general
				appearance of the apple.
10.2.
				"Fairly Well Formed" means the apple shall have the normal shape characteristic
				of the variety except one half of the apple may deviate slightly or the apple
				may be slightly flattened as by frost injury.
10.3. "Sound" means apples that at the time
				of packing are free from visible defects such as decay, breakdown, scald,
				bitter pit or physical injury affecting quality.
10.4. "Slight Blemishes" means defects not in
				excess of the following:
10.4.1. Slight
				handling bruises and box bruises such as are incident to good commercial
				handling in the preparation of a tight pack.
10.4.2. Smooth russeting shall be permitted
				at the stem end:
Provided,
That such russeting is not
				visible for more than 1/2 inch when the apple is placed stem end down on a flat
				surface, except in the Newton variety characteristic russet beginning at the
				stem end shall be permitted as long as it is continuous from the stem bowl and
				not extending beyond the center of the apple.
10.4.3. Smooth net-like russeting which does
				not extend over an aggregate area of more than five percent (5%) of the surface
				of the apple.
10.4.4. Sunburn or
				sprayburn when slight and when the normal color of the apple is but slightly
				changed and the affected area does not exceed five percent (5%) of the surface
				of the apple.
10.4.5. Smooth solid
				russeting, light limb rubs,hail marks or sprayburn of a russet character shall
				be permitted when the aggregate area affected does not exceed that of a circle
				1/4 inch in diameter.
10.4.6.
				Slight hail marks or other depressions when there is no discoloration, when the
				indentations are very shallow and no individual indentation exceeds 1/8 inch in
				diameter and the aggregate area affected does not exceed 1/4 inch (refers to
				area of a circle).
10.4.7. Thrips
				marks not to exceed three (3) in number shall be permitted.
10.4.8. Any healed sting or healed stings
				which affect a total area of more then 1/8 inch in diameter, including any
				encircling discolored rings.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-08 - West Virginia Grades and Standards for Apples › Section 61-8-11 - West Virginia state condition standards

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Maturity. -- Not more than an average
				of five percent (5%) of the apples in any lot, with more than ten percent (10%)
				in any one (1) sample shall be further advanced in maturity than firm
				ripe.
11.2. Damage. -- Not more
				than a total of five percent (5%) of the apples in any lot, with not more than
				ten percent (10%) in any one (1) sample shall be damaged by bitter pit,
				Jonathan spot, common scald, visible water core, freezing or other such
				condition factors, excluding delayed sunburn.
11.3. Affected apples. -- Not more than any
				average of two percent (2%) each in any lot. with not more than eight percent
				(8%) in any sample shall be allowed for apples affected by decay, visible
				breakdown, or by soft scald, except that after March 1 not more than an average
				of three percent (3%) each in any lot with not more than ten percent (10%) in
				any sample shall be allowed for apples affected by decay,visible breakdown or
				by soft scald.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-08 - West Virginia Grades and Standards for Apples › Section 61-8-12 - Official certificates

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1.
				On request, when qualified, official certificates will bear the statement
				"Meets West Virginia State Condition Standards."
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-08 - West Virginia Grades and Standards for Apples › Appendix I

Current through Register Vol. XLI, No. 28, July 12, 2024
Table 1
Color Requirements for Specified West Virginia Grades of
				  Apples by Variety
Ex.Fey.
Fey.
CGr.
%
%
%
Solid Red:
Red Delicious.. .........
,,65
25
15
Arkansas Black.. ........
. 50
25
15
Winesap.. ...............
. 50
25
15
King David..............
. 50
25
15
Rcd Sport Vtlrictics*. ....
, 50
25
15
* When sports varieties are markedas such, they shall
						  meet the color
Striped or Partially Red:
requirements of Red Sports varieties.
Delicious...............
50
25
15
** Refers to Characteristic color.In the
						  Golden Delicious varietywhen the white or light greencolor predominates over
						  the greencolor, it shall be considered asthe minimun characteristic color.
Stayman...............
40
25
10
York...................
40
25
10
Black Twig.............
40
25
IC
Jonathan..............
40
25
10
Mclntosh...............
40
25
10
Rome...............
40
25
0
Other similar varieties..
, .40
25
10
Red Cheeked or Blushed:
Winter Banana..................Some Color
0
0
Green & Yellow Varieties:
Golden Delicious...............
, ,75*'
* 75*
* 33-1/3**
No Color:
Dutchess, Gravenstcin, King, Wolf
						  River,Twenty Ounce, Grimes (Golden), Ortley,Newtown, White Winter Pearmain,
						  YellowTransparent.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-08B - Schedule of Charges for Inspection Services: Fruit › Section 61-8B-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				This legislative Rule establishes charges for Federal-State Inspection Service
				for Fruit.
1.2. Authority. -- W.
				Va. Code §
									19-2-5, §
									19-1-4(k).
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 61-08C - Fruits and Vegetables: Certification of Potatoes for Seeding Purposes › Section 61-8C-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				These legislative regulations establish general operating rules and procedures
				in the Fruit and Vegetable Division.
1.2. Authority. -- W. Va. Code
				§19-16
1.3. Filing Date. --
				March 28, 1946
1.4. Effective Date.
				-- April 15, 1946
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-08C - Fruits and Vegetables: Certification of Potatoes for Seeding Purposes › Section 61-8C-2 - Certification tag

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Irish potatoes
				produced in a field meeting all the requirements for Certification of Potatoes
				for Seeding Purposes will be certified by the Commissioner as fit for sale for
				seeding purposes and may be sold in compliance with article sixteen of the
				Official Code of West Virginia, which prohibits the sale of potatoes for
				seeding purposes unless a certification tag, issued by an authorized state
				official, is attached thereto.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-08C - Fruits and Vegetables: Certification of Potatoes for Seeding Purposes › Section 61-8C-3 - Eligibility of grower

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Any
				citizen of the State of West Virginia may make application to the Commissioner
				for the certification for seeding purposes of the potatoes produced in a field
				or fields under his direction:
Provided,
That, for the
				present, the field is planted to one of the following varieties:
3.1.1. White or Smooth Rurals
3.1.2. Russet Rural
3.1.3. Sebago
3.1.4. Green Mountain
3.1.5. Sequoia
3.1.6. Irish Cobbler
That, the fields are favorably located as to altitude(not
				  under 1,500 feet) and environment; is in a sufficiently productive condition;
				  and the grower is experienced and has demonstrated he is thoroughly capable of
				  carrying out the requirements for the certification of potatoes for seeding
				  purposes. No more than six (6) applications can be handled in 1946; twelve (12)
				  in 1947; and twenty-five (25) in 1948. The Commissioner may refuse to accept
				  the application of the grower for reasons, other than those numerated above,
				  if, in his belief, the applicant would be unable to meet the
				  requirements.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-08C - Fruits and Vegetables: Certification of Potatoes for Seeding Purposes › Section 61-8C-4 - Applications

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The
				preliminary application for certification must be filed with the Commissioner
				by the first of February, except for 1946 by the last of May. The grower will
				be required to give notice of the time of digging approximately five (5) days
				in advance. To apply for certification seals and tags, and to request the final
				grade inspection, five (5) days in advance of the time the potatoes will be
				sacked. The proper forms for making application for services will be furnished
				by the Commissioner.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-08C - Fruits and Vegetables: Certification of Potatoes for Seeding Purposes › Section 61-8C-5 - Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. A grower who
				has had two (2) preliminary applications for the certification of a field of
				potatoes accepted by the Commissioner must, with the third application, pay the
				required fees for the acreage grown. An application fee of five dollars ($5.00)
				for thefirst 5 acres and one dollar ($1.00) for each additional acre up to 15
				acres will be collected. Half of this amount will be due with the original
				application and the remaining half before the second inspection is made.
				Applications refused or revoked before the first field inspection will have the
				fees refunded.
5.2. The grower will
				be required to deposit a fee of five cents (5¢) per one hundred (100)
				sacks for the first five hundred (500) sacks and two and one-half cents
				(21/2¢) per one hundred (100) sacks for each sack over five hundred (500)
				at the final inspection just prior to and in conjunction with sacking and
				sealing for market.
5.3. Where the
				potatoes are to be sold direct from the farm to the grower under conditions
				mutually agreed upon by both parties with final inspection fee to be deposited
				with the Commissioner with the final application for bin and grade inspection
				shall be two cents (2¢) per one hundred (100) pound sack up to five
				hundred (500) sacks; and one-fourth cent (1/4¢) per one hundred (100)
				sacks for each sack over five hundred (500) sacks.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-08C - Fruits and Vegetables: Certification of Potatoes for Seeding Purposes › Section 61-8C-7 - General requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				Fields should be at least 400 feet from all potatoes not being grown for
				certification. Should the field be within 400 feet and such field or fields
				show more than ten percent (10%) virus diseases or five percent (5%) leaf roll,
				all portions of the field within 400 feet will be rejected.
7.2. The field must not have been in potatoes
				for at least three (3) years.
7.3.
				The fertility and care of the soil must be reasonably in accordance with the
				best established practices. The methods employed in handling the seed must be
				of a recognized high standard. The field must be kept in good culture, free
				from weeds and sprayed with recommended material and by approved methods.
				Should aphids be abundant it will be necessary to add nicotine sulphate to the
				sprays until they are under control. The digging and storing of the potatoes
				must not unduly injure the tubers and be accomplished by standard approved
				methods. The place and method of storage must be acceptable to the
				Commissioner.
7.4. The grower must
				agree to supply one hundred five (105) tubers from the seed stock to be planted
				to the Commissioner for testing purposes. This sample of seed will be planted
				by the Commissioner or by a grower designated by him. The applicant must also
				agree to furnish two hundred ten (210) tubers from the field at digging time or
				at the time of the bin inspection. These two (2) samples will be selected by
				the inspector or under his directions. Samples from multiplication plots will
				be selected the previous fall in a similar manner as the selection of the
				sample from the certified fields.
7.5. The seed used to plant a field to be
				certified must be approved by the Commissioner.
7.6. Produced by the grower the previous year
				under conditions established and promulgated by the Commissioner for
				multiplication plots.
7.7.
				Foundation stock purchased from growers in other states or Canada. For the
				first two (2) years an applicant has grown or attempted to grow certified seed,
				the Commissioner will approve the best seed stocks available but, the third
				year and years thereafter the field must be planted with foundation stock of a
				high character either produced by the grower or purchased.
7.8. At the present time it appears West
				Virginia growers will have to grow their own foundation stock in multiplication
				plots. For this reason, an application for certifying a field of potatoes will
				not be accepted unless the grower agrees to plant and maintain a multiplication
				plot.
7.9. Growers must realize
				their chances for having their fields approved are slim unless good seed stock
				is used to plant the field.