reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-19 - WV Manufacture-Grade Milk › Section 61-19-5 - Bacterial count

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Whenever
				the producer's raw milk bacteria count exceeds the standard as stated in
				Section 3 of this rule, the producer shall be notified of the excessive
				bacteria count.
5.2. Whenever at
				least two of the last four bacteria counts exceed the bacteria standard as
				stated in Section 3 of this rule, the Commissioner shall send a written warning
				notice to the producer. The notice shall be in effect so long as two of the
				last four consecutive samples exceed the bacterial standard.
5.2.1. An additional sample shall be taken no
				sooner than three days and no later than twenty-one days after sending of the
				warning notice required in subsection 5.2. of this rule. If this sample also
				exceeds the bacteria standard as established in Section 3 of this rule, the
				producer's permit shall be suspended until satisfactory compliance is obtained.
				Shipment may be resumed, and the producer's permit reinstated by the
				Commissioner when an additional sample of the producer's raw milk is tested and
				found satisfactory. The producer's permit shall remain in a warning status as
				long as two of the last four bacteria counts exceed the standard. The
				Commissioner shall suspend the producer's permit immediately for at least seven
				days, whenever three of the last five bacteria counts within any twelve-month
				period exceed the standard.
5.2.2.
				The Commissioner shall issue a temporary permit after determining by an
				inspection of the facilities and the operating methods that the conditions
				responsible for the violation have been corrected.
5.2.2.a. Samples shall be taken at the rate
				of not more than (2) per week on separate days within a 3-week
				period.
5.2.2.b. The Commissioner
				shall reinstate the permit upon compliance with the standards set forth in this
				rule.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-19 - WV Manufacture-Grade Milk › Section 61-19-6 - Inhibitory substances

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. If
				milk from a dairy farm containing an inhibitory substance, the producer shall
				not use any more milk produced by such farm for at least two days following the
				test to ship or manufacture milk products. The producer shall not use any more
				milk until the production from the farm has been found to be free of inhibitory
				substances. The two-day exclusionary provisions cited shall be increased to
				three days for a repeat violation within six months and shall be increased to
				four days for subsequent violations within that period.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-19 - WV Manufacture-Grade Milk › Section 61-19-8 - Drug residue level

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Dairy
				plant responsibilities.
8.1.1. Sampling and
				testing program.
8.1.1.a. All raw milk shipped
				for processing or intended to be processed on the farm where it was produced
				shall be sampled and tested, prior to processing, and all individual producer
				raw milk samples submitted to an approved laboratory for examination to
				determine bacteria and somatic cell counts shall also be tested for beta lactam
				drug residue. Collecting, handling and testing of samples shall be done
				according to procedures approved by the Commissioner, and the laboratory
				results shall be transmitted to the department as requested by the
				Commissioner.
8.1.1.b. When so
				specified by the Commissioner, all raw milk shipped for processing, or intended
				to be processed on the farm where such raw milk was produced, shall be sampled
				and tested, prior to processing, and all individual producer raw milk samples
				submitted to an approved laboratory for examination to determine bacteria and
				somatic cell counts shall also be tested for other drug residues. Collecting,
				handling and testing of samples shall be done according to procedures approved
				by the Commissioner, and the laboratory results shall be transmitted to the
				department as requested by the Commissioner.
8.1.1.c. When the Commissioner determines
				that a potential problem exists with an animal drug residue or other
				contaminant in the milk supply, additional sampling and additional testing
				shall be conducted, as ordered by the Commissioner. The testing shall continue
				until such time that the Commissioner determines with reasonable assurance that
				the potential problem has been remedied.
8.1.1.d. The dairy plant shall analyze
				samples for beta lactams and other drug residues by any method evaluated by the
				FDA and found acceptable for detecting drug residues in raw milk at current
				safe or tolerance levels. The dairy plant may employ on a temporary basis other
				test methods determined to demonstrate accurate compliance results. These test
				methods may be used until they are evaluated by the FDA and accepted or
				rejected by the Commissioner.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-19 - WV Manufacture-Grade Milk › Section 61-19-9 - Adulteration

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Milk is
				considered to be adulterated if it contains any poisonous or deleterious
				substances, does not meet the quality standards set forth in this Rule, has
				been produced, processed, or held under unsanitary conditions, contains added
				water, or contains bacteria in excess of the standards set forth in this
				rule.
9.2. The producer shall not
				use milk if it is adulterated.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-19 - WV Manufacture-Grade Milk › Section 61-19-10 - Milking facility and housing

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. The
				milking barn, stable, or parlor shall be of a size and arrangement that will
				promote a sanitary milking operation. It shall be provided with natural or
				artificial light, well distributed for day or night milking and have sufficient
				air space and air circulation to prevent condensate and excessive odors. The
				floors and gutters shall be in good repair and constructed of concrete or other
				impervious material. Concentrates and feed, when stored in the milking
				facility, shall be kept in a tightly covered box or bin. The facility shall be
				kept clean, the manure removed daily, and no swine or fowl shall be permitted
				in any part of the milking facility. The milking barn or parlor construction
				must be approved by the commissioner before milking can begin.
10.2. If milk is exposed in the milking
				facility, it shall be protected in a manner that prevents any contamination of
				the milk, equipment, containers, or utensils. No milk shall be strained,
				poured, transferred, or stored unless it is properly protected from
				contamination.
10.3. Milk stools,
				surcingles and antikickers shall be kept clean and stored off the
				floor.
10.4. The cowyard, housing
				area or loafing area shall be of ample size to prevent overcrowding, shall be
				kept clean and drained to prevent forming of standing water pools, insofar as
				practicable. The dairy animals shall be prevented from having any access to
				stored or accumulated manure.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-19 - WV Manufacture-Grade Milk › Section 61-19-11 - Milking barn or parlor cleanliness

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. The interior of the milking barn or
				parlor facilities shall be kept clean.
11.2. The bedding material, if used, shall
				not contain more manure than that which has accumulated since the previous
				milking.
11.3. The gutter shall be
				kept reasonably clean, with manure removed daily.
11.4. All pens and stalls, if not separated
				from the milking barn or parlor, shall be kept clean.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-19 - WV Manufacture-Grade Milk › Section 61-19-13 - Milking utensils and equipment

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1.
				Construction of utensils and equipment shall meet the following requirements:
13.1.1. All multiuse utensils, equipment, and
				containers which are exposed to milk or milk products shall be made of smooth,
				impervious, nonabsorbent, safe materials of the following types:
13.1.1.a. Stainless steel of the AISI
				(American Iron and Steel Institute) 300 series;
13.1.1.b. Equally corrosion resistant
				nontoxic metal;
13.1.1.c. Heat
				resistant glass; or
13.1.1.d.
				Plastic or rubber and rubber like materials which are relatively inert,
				resistant to scratching, scoring, decomposition crazing, chipping, and
				distortion under normal use conditions. The materials shall be nontoxic, fat
				resistant, relatively nonabsorbent, relatively insoluble, and may not release
				component chemicals or impart flavor or odor to the product. The materials
				shall maintain their original properties under repeated use
				conditions.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-19 - WV Manufacture-Grade Milk › Section 61-19-14 - Milking procedure

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. The
				milk producer shall ensure that milking is done only in an approved milking
				barn or parlor.
14.2. The animals'
				hair on flanks, bellies, tails, and udders shall be shortened as often as
				necessary to facilitate cleaning of those areas and shall be free from dirt.
				The hair on the udders shall be of such length that it is not incorporated with
				the teat in the inflation during milking, or as to adulterate the milk in any
				manner.
14.3. Udders and teats of
				all milking animals shall be cleaned and dry before milking. The animals' teats
				shall be treated with a sanitizing solution and shall be dry just prior to
				milking; and
14.4. Wet hand milking
				is prohibited.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-19 - WV Manufacture-Grade Milk › Section 61-19-15 - Protection from contamination

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1.
				Equipment and operations shall be located within the milking barn and milkhouse
				to prevent overcrowding and contamination of cleaned and sanitized containers,
				equipment, and utensils by splash, condensation, or manual contact.
15.2. All milk which has overflowed, leaked,
				spilled, or been improperly handled shall be discarded.
15.3. All product contact surfaces of
				containers, equipment, and utensils shall be covered or otherwise protected to
				prevent the access of insects, dust, condensation, and other
				contamination.
15.4. When milk is
				poured or strained in the milking barn, the receiving receptacle shall be
				raised above the floor (as on a dolly or cart) or placed at a distance from the
				animals to protect it from manure or splash. The receptacle shall have a
				tight-fitting cover which shall be closed except when milk is being
				poured.
15.5. Each pail or
				container of milk shall be transferred immediately from the milking barn to the
				refrigerated storage facility.
15.6. Pails, cans, and other equipment
				containing milk shall be properly covered during transfer and
				storage.
15.7. Antibiotics and
				medicines shall be stored in such a manner that they cannot contaminate the
				milk or milk product contact surfaces of the equipment, containers, or
				utensils.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-19 - WV Manufacture-Grade Milk › Section 61-19-16 - Hand washing facilities

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. Hand
				washing facilities shall be located convenient to the milking barn, parlor, or
				flush toilet.
16.2. Hand washing
				facilities shall include soap or detergent, water, and single use
				towels.
16.3. Hand washing
				facilities shall be kept in good repair, clean, and shall not be used for
				storage.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-19 - WV Manufacture-Grade Milk › Section 61-19-17 - Cleanliness and health

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. Hands
				shall be washed clean and dried with a sanitary towel immediately before
				milking, before performing any milkhouse function, and immediately after the
				interruption of any of these activities.
17.2. Any person milking an animal shall wear
				clean outer garments while milking or handling milk, milk products, milk
				containers, equipment or utensils.
17.3. No person affected with any disease in
				a communicable form, or while a carrier of such disease, shall work at any
				dairy farm or milk products facility in any capacity which brings him or her
				into contact with the production, handling, storage, or transportation of milk
				or milk products, containers, equipment, or utensils. No dairy farm operator or
				milk products producer shall employ in any capacity any person having or
				suspected of having a disease in a communicable form or being a carrier of such
				disease. Any producer who suspects that any employee or family member has
				contracted any disease in a communicable form, or has become a carrier of the
				disease, shall notify the Commissioner immediately.
17.4. When reasonable cause exists to suspect
				the possibility of transmission of infection from any person handling milk or
				milk products, the Commissioner may require any or all of the following
				measures:
17.4.1. The immediate exclusion of
				the affected person from milk or milk products handling;
17.4.2. The immediate exclusion of the milk
				or cheese supply concerned from distribution and use; and/or
17.4.3. Adequate medical and bacteriological
				examination of the person, and of his or her associates.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-19 - WV Manufacture-Grade Milk › Section 61-19-18 - Insect and rodent control

Current through Register Vol. XLI, No. 28, July 12, 2024
18.1.
				Effective measures shall be taken to prevent the contamination of milk and milk
				products, containers, equipment, and utensils by insects or rodents, and by
				chemicals used to control the vermin.
18.2. Manure packs in loafing areas, stables
				without stanchions, pen stables, resting barns, wandering sheds and free stall
				housing shall be properly bedded and managed to prevent fly breeding.
18.3. Milkhouses and all buildings shall be
				kept free of insects and rodents.
18.4. Milkhouses and all buildings shall be
				effectively protected against the entrance of vermin.
18.5. Insecticides not approved for use in a
				milkhouse or dairy facility shall not be stored in such facilities.
18.6. Only insecticides and rodenticides
				approved for use by the Commissioner and registered with the United States
				Environmental Protection Agency shall be used for insect and rodent
				control.
18.7. Insecticides and
				rodenticides shall be used only in accordance with the manufacturers label
				directions so as to prevent the contamination of milk and milk products,
				containers, equipment, utensils, feed and water.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-19 - WV Manufacture-Grade Milk › Section 61-19-19 - Farm inspection

Current through Register Vol. XLI, No. 28, July 12, 2024
19.1. Each
				dairy farm that produces manufacture-grade milk or manufacture-grade milk
				products that are intended for consumption shall be inspected an inspector
				prior to issuance of a permit.
19.2. Each dairy farm will be inspected by an
				inspector at least once every six (6) months.
19.2.1. The inspector will use dairy farm
				inspection forms that are prescribed and furnished by the
				Commissioner.
19.2.2. The inspector
				will leave a copy of the inspection form with the producer, keep one copy for
				his/her records and file a copy with the Commissioner in a timely
				fashion.
19.2.3. Should a violation
				of any requirements set forth in this rule be found to exist during an
				inspection, a second inspection may be required after the time deemed necessary
				to remedy the violation. Such second inspection may be used to determine
				compliance with requirements of this rule.
19.2.4. Any violation of the same
				requirement, marked as a repeat violation, may call for permit suspension.
				Permit suspension is at the discretion of the Commissioner.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-19 - WV Manufacture-Grade Milk › Section 61-19-20 - Animal health

Current through Register Vol. XLI, No. 28, July 12, 2024
20.1. All
				animals in the herd shall be maintained in a healthy condition.
20.2. All animals' milk for processing milk
				or milk products shall be from herds under a brucellosis eradication program
				which meets one of the following conditions, or eradication program for
				animals' health:
20.2.1. The herd is located
				in a Certified Brucellosis-Free Area as defined by the United States Department
				of Agriculture and enrolled in the testing program for the areas;
20.2.2. The herd is located in a Modified
				Certified Brucellosis Area as defined by the United States Department of
				Agriculture and enrolled in the testing program for the areas;
20.2.3. The herd meets United States
				Department of Agriculture requirements for an individually certified
				herd;
20.2.4. The herd is
				participating in a milk ring testing program which is conducted on a continuing
				basis at intervals of not less than every three (3) months or more than every
				six (6) months with individual blood tests on all animals in herds showing
				suspicious reactions to the milk ring test; or
20.2.5. The herd has an individual blood
				agglutination test annually with an allowable maximum grace period not
				exceeding two (2) months.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-19 - WV Manufacture-Grade Milk › Section 61-19-21 - Farm exclusion

Current through Register Vol. XLI, No. 28, July 12, 2024
21.1. No
				farm shall process milk or milk products using raw milk from a dairy farm that
				is not in compliance with the provisions of this rule.
21.2. In the event of noncompliance with this
				rule or in the event of a refusal by a producer to allow an inspection of the
				dairy farm by an inspector of the West Virginia Department of Agriculture or
				designee, the milk from the dairy farm shall not be used to process milk or
				milk products until such time as the farm is found to be in compliance and/or
				access to inspect the dairy farm is permitted.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-19 - WV Manufacture-Grade Milk › Section 61-19-22 - Water supply

Current through Register Vol. XLI, No. 28, July 12, 2024
22.1. The dairy
				farm and milk and milk products processing facility water supply shall be
				properly located, protected, and operated. It shall be easily accessible,
				ample, and of safe sanitary quality for the cleaning of dairy utensils and
				equipment. The water supply shall come from an approved public source or from a
				spring, dug well, driven well, bored well, or drilled well, that complies with
				the standards of the West Virginia Department of Health and Human
				Resources.
22.2. The water supply
				will be tested to meet standards set by the Commissioner.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-19 - WV Manufacture-Grade Milk › Section 61-19-23 - Pasteurization of milk and milk products

Current through Register Vol. XLI, No. 28, July 12, 2024
23.1. All milk and milk products, except
				eggnog, shall be pasteurized to one (1) of the temperatures given in the
				following chart and held continuously at or above that temperature for at least
				the corresponding specified time:
Batch (Vat) Pasteurization
Temperature
Time
63°C(145°F)*
30 minutes
Continuous Flow (HTST and HHST)
								Pasteurization
Temperature
Time
72°C(161°F)*
15 seconds
89°C(191°F)
1.0 second
90°C(194°F)
0.5 seconds
94°C (201°F)
0.1 seconds
96°C (204°F)
0.05 seconds
100°C(212°F)
0.01 seconds
*If the fat content of the milk product is ten percent (10%)
				  or greater, or a total solids of 18% or greater, or if it contains added
				  sweeteners, the specified temperature shall be increased by 3°C
				  (5°F).
23.2. Eggnog
				shall be heated to at least the following temperature and time specifications:
Table 3. Pasteurization Temperature vs.
								Time
Batch (Vat) Pasteurization
Temperature
Time
69°C (155°F)
30 minutes
Continuous Flow (HTST)
								Pasteurization
Temperature
Time
80°C(175°F)
25 seconds
83°C(180°F)
15 seconds
23.3. There shall be no physical connection
				between unpasteurized products, dairy, non-dairy, or water, and pasteurized
				milk or milk products. Pasteurized non-dairy products not completely separated
				from pasteurized milk and milk products shall be pasteurized in properly
				designed and operated equipment at times and temperatures which meet at least
				the minimum times and temperatures provided for in the definition of
				Pasteurization.
23.4. Water that
				comes in contact with pasteurized milk and/or milk products shall:
23.4.1. Meet at least the minimum times and
				temperatures provided for in the definition of Pasteurization in equipment;
				or
23.4.2. Have undergone an
				equivalent process found acceptable by the WVDA.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-19 - WV Manufacture-Grade Milk › Section 61-19-24 - Permit to operate

Current through Register Vol. XLI, No. 28, July 12, 2024
24.1. It is
				unlawful for any person who does not possess a permit from the Department of
				Agriculture to operate a dairy farm or a manufacture-grademilk and
				manufacture-grade milk products processing facility which produces and offers
				for sale manufacture-grade milk or manufacture-grademilk products as covered
				under the provisions of this Rule.
24.2. The producer and the manufacture-grade
				milk or manufacture-grade milk products processing facility shall apply for a
				permit on forms prescribed and furnished by the Commissioner. All permits
				expire December 31 of each year.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-20 - Employment Reference and Inquiries and Background Checks › Section 61-20-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule implements the provisions set forth in West Virginia Code § 19-1-3B
				regarding the rejection of candidates or eligibility within the West Virginia
				Department of Agriculture.
1.2.
				Authority. -- West Virginia Code §
									19-1-3 b.
1.3. Filing Date. -- April 30, 2020
1.4. Effective Date. -- April 30,
				2020
1.5. Sunset Date. -- This rule
				shall terminate and have no further force or effect April 30, 2025.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-20 - Employment Reference and Inquiries and Background Checks › Section 61-20-3 - Verification of Eligibility

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. To
				establish the eligibility of an applicant or employee, the Director may verify
				information provided by the applicant, including, but not limited to:
3.1.a. current and previous employment and/or
				volunteer and/or student activities;
3.1.b. military service;
3.1.c. formal education; and
3.1.d. professional licensure and/or
				certification.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-20 - Employment Reference and Inquiries and Background Checks › Section 61-20-4 - Review and Reconsideration

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				Subject individuals are solely responsible for dealing with any reporting
				agency to challenge the accuracy or completeness of information provided by the
				West Virginia State Police, the Federal Bureau of Investigation or other
				agencies reporting information to the Commissioner or Authorized Designee.
				Subject individuals are solely responsible for providing the Authorized
				Designee or qualified entity with proof of any error and correction thereof by
				any reporting agency.
4.2. If the
				subject individual provides proof of any error and correction thereof by any
				reporting agency to the Authorized Designee, the Authorized Designee will
				conduct a new suitability determination.
4.3. If the subject individual wishes to
				dispute an adverse suitability determination, the subject individual may
				request that the Authorized Designee reconsider his or her suitability. The
				Authorized Designee shall consider the request if it is submitted in writing
				and received not later than fifteen (15) calendar days following the date the
				notice of disqualification was postmarked or otherwise communicated or
				received. Within thirty (30) calendar days after a properly submitted request
				for reconsideration is received, the Authorized Designee shall report his or
				her decision in writing to the subject individual. Nothing in this rule shall
				require the Department to hold open a position when there is a challenge to an
				adverse suitability determination.
4.4. Nothing in this rule shall establish a
				property right in an offer of employment for an applicant upon submission to a
				criminal background check, even if an offer of employment has already been
				made. The Department reserves the right to rescind a previously issued job
				offer after it has been given. Nothing in this rule likewise shall be construed
				to undermine the at-will employment relationship between the Department and its
				employees, both prospective and current.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-20 - Employment Reference and Inquiries and Background Checks › Section 61-20-5 - Records and Reports

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The
				Authorized Designee shall maintain confidential records and reports pertaining
				to reference information and background investigations in a separate file if
				stored or maintained by the Department.
5.2. If records and reports are reviewed
				electronically, the Authorized Designee shall maintain secure access to
				records.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-20 - Employment Reference and Inquiries and Background Checks › Section 61-20-6 - Employee and Applicant Responsibilities

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. It is the responsibility of the employee
				or applicant to report any disqualifying event or event that may be
				disqualifying to his or her Director or Authorized Designee within five days of
				the disposition of the matter.
6.2.
				If the Department has reason to believe or notice of a disqualifying event that
				an employee has failed to report, the Department may require the employee to
				conduct a background check.
6.3.
				Upon request, each applicant or employee shall provide information, including
				fingerprints, required by the state police or other entities for processing or
				to facilitate access to: driving records; verification of employment,
				education, licensure, and residence; and state and federal criminal history
				information.
6.4. Failure of an
				employee to report a disqualifying event within the time provided is grounds
				for disciplinary action up to and including dismissal.
6.5. Nothing in this rule shall be construed
				to limit the authority or ability of the Department to conduct an investigation
				if there is reason to believe that an applicant or employee was untruthful or
				provided false information, either on an application or during the course of
				his or her employment, or has otherwise engaged in conduct that the
				Commissioner concludes may impact the ability of an applicant or employee to
				effectively perform the functions of his or her job.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-20 - Employment Reference and Inquiries and Background Checks › Section 61-20-7 - Department Staff Responsibilities

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. All Department Staff involved in this
				process must comply with this rule and the procedures established by the
				Department for implementation of the rule.
7.2. The director of a functional unit shall
				request that the Authorized Designee make a suitability determination prior to
				the transfer or promotion of an employee to a classified service position for
				which there is a suitability standard that is different and/or more stringent
				than the standard for the employee's current position.
7.3. The appointing authority shall ensure
				adequate training is provided to all authorized designees and contact
				persons.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-20 - Employment Reference and Inquiries and Background Checks › Section 61-20-8 - Period of Disqualification

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Subject to the provisions of section 8.2
				of this rule, applicants who are disqualified for employment because of a
				conviction that has not been reversed shall be afforded the opportunity to
				reapply for open positions after the expiration of five years from the date of
				conviction or date of release from the imposed penalty, whichever is later, if
				the individual had not been convicted of any other crime during that
				period.
8.2. Convictions for
				violent or sexual offenses shall be subject to a longer period of
				disqualification.
8.2.a. The Department may
				impose a period of disqualification of ten years for violent offenses for all
				positions within the Department.
8.2.b. The Department may impose a period of
				disqualification of twenty years for sexual offenses for all positions within
				the Department.
8.2.c. The
				Department may impose a period of disqualification of longer than the minimum
				period set forth in this subsection if the offense is of the type to create an
				ongoing disqualification from the specific criteria for a particular position
				for which the applicant has applied.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-20 - Employment Reference and Inquiries and Background Checks › Section 61-20-9 - Petition

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. If an
				individual with a criminal record wishes to petition the Commissioner for a
				determination of whether the individual's criminal record will disqualify them
				from obtaining employment with the Department, the individual must provide:
9.1.a. Social security number;
9.1.b. Jurisdiction where the conviction
				occurred;
9.1.c. Date of the
				conviction;
9.1.d. Specific nature
				of the conviction with sufficient detail to disclose all pertinent aspects of
				the offense;
9.1.e.
				Education;
9.1.f.
				Training;
9.1.g. Military service;
				and
9.1.h. A complete work history
				that will be included in a background check.
9.1.i. The individual must also indicate the
				type(s) of positions that they are interested in.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-21 - Freedom Of Information Request › Section 61-21-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				These rules relate to W. Va. Code '29B-1-1 et
				seq., 1931.
1.2. Authority. -- W.
				Va. Code '29B-1.
1.3. Filing Date.
				-- September 4, 1990.
1.4.
				Effective Date. -- October 5, 1990.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-21 - Freedom Of Information Request › Section 61-21-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. For the
				purpose of these rules:
2.1.a. "Department"
				means the West Virginia Department of Agriculture.
2.1.b. "Freedom of Information Officer" means
				the person designated by the Commissioner of Agriculture as having
				responsibility for all Freedom of Information requests.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-21 - Freedom Of Information Request › Section 61-21-3 - Request Procedure

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Document request. -- A request to inspect or copy any public record for which
				the West Virginia Department of Agriculture is the custodian shall be in
				writing and contain the following information:
3.1.a. A description of each document sought
				and, if available, the title, date and author of each such document;
3.1.b. The name, address and telephone number
				of the person or persons requesting to inspect or copy such public
				records.
3.1.c. A statement that
				the person requesting information is prepared to pay any fees covering the
				actual cost to the Department for responding to this request.
3.1.d. The request should be addressed to the
				Office of the Commissioner, West Virginia Department of Agriculture, State
				Capitol, Charleston, West Virginia 25305 ATTN: F.O.I. officer and may be filed
				by mail or in person.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-21 - Freedom Of Information Request › Section 61-21-4 - Exemptions

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The categories
				of information set forth in W. Va. Code '29B-1-4 are hereby
				adopted as exempt from disclosure.
4.2. Any information relating to ot in
				pending litigation at any stage is hereby adopted as exempt from
				disclosure.
4.3. Any information
				required to be kept confidential under the provisions of W. Va. Code '19 are
				hereby adopted as exempt from disclosure.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-21 - Freedom Of Information Request › Section 61-21-5 - Responsibilities of the Department

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The Department shall, upon receipt of a
				properly filed request, affix the date of receipt and initiate a search for the
				requested information.
5.2. The
				five (5) day time limit for requests for information set forth in W. Va. Code
				'29B-1-3
				shall commence upon receipt of the written request.
5.3. The Department's response shall:
5.3.a. Provide the requested information and
				an invoice for the total amount of fees due; or
5.3.b. Advise the requestor of the time and
				place at which he may inspect and/or copy the information; or
5.3.c. Advise the requestor that the
				description of the information sought is not sufficient to allow the Department
				to identify and locate the information and that the request cannot be further
				processed until additional identification is made available to the Department;
				or
5.3.d. Advise the requestor that
				the information requested is not known to exist or is not in the Department's
				possession; or
5.3.e. Advise the
				requestor that the information is exempt from disclosure under these rules;
				or
5.3.f. Deny the request giving
				the reason for the denial and inform the person requesting the information that
				he has the opportunity to institute proceedings for injunctive or declaratory
				relief in the circuit court in the county where the public record is
				kept.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-21 - Freedom Of Information Request › Section 61-21-6 - Partial Disclosure

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. If a
				requested record contains both exempt and nonexempt material, the nonexempt
				material shall be disclosed after the exempt material has been
				deleted.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-21 - Freedom Of Information Request › Section 61-21-7 - Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The Department
				shall establish the following fees calculated to reimburse it for its actual
				cost in searching and reviewing records and making reproductions of records.
7.1.a. Cost per page - The cost for
				reproducing records shall be twenty cents ($.20) per page.
7.1.b. Cost for printed information - The
				cost for providing items that are printed by the Department of Agriculture
				shall be twenty cents ($.20) per page. A page is designated as paper of
				approximately 100 square inches.
7.1.c. Search fee - The cost for searching
				and reproducing records shall be ten dollars ($10.00) per hour.
7.1.d. Computer Discs - The cost for the
				reproduction of records on computer discs shall be on dollar ($1.00) per
				disc.
7.1.e. Computer data
				conversion - The cost for converting computer data into a format requested
				shall be based on the cost of employee time and materials.
7.1.f. Other fees - The cost for performing
				other operations requested under the act will be charged at a rate to reimburse
				the direct costs of the Department.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-21 - Freedom Of Information Request › Section 61-21-8 - Payment of fees

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. All fees
				shall be paid by check or money order to the West Virginia Department of
				Agriculture.
8.2. The fee will be
				waived for all requests where the total charge is $5.00 or less.
8.3. Any person requesting information who
				cannot afford to pay the fee(s) established under these rules may file an
				affidavit with the Department stating that the person is peculiarily unable to
				pay such fee(s).
8.4. The
				Department may require total or partial prepayment if the Department determines
				that the unpaid fees attributable to one or more requests by the same person
				exceeds ten dollars ($10.00).
8.5.
				The Department may require prepayment of fees for any request exceeding
				$20.00.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-22 - Generic State Management Plan For Pesticides And Fertilizer In Groundwater › Section 61-22-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes the guidance for the development of procedures, practices and
				regulations to protect groundwater.
1.2. Authority. -- W. Va. Code ''19-16A-4
				& 22-12-5.
1.3. Filing Date. --
				September 15, 1992.
1.4. Effective
				Date. -- November 1, 1992.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-22 - Generic State Management Plan For Pesticides And Fertilizer In Groundwater › Section 61-22-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The
				definitions used in W. Virginia Code ''19-15-1 et seq., 19-16A-1 et seq. and
				Title 61 code of state regulations adopted thereunder shall apply to these
				regulations unless otherwise defined in this regulation.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-22 - Generic State Management Plan For Pesticides And Fertilizer In Groundwater › Section 61-22-4 - State Agencies and Responsibilities

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. General. Whenever possible, existing
				authorities will be utilized and enhanced where necessary to provide for the
				establishment of water quality standards, monitoring protocols and procedures
				including quality assessment and development of management plans.
4.1.a. W. Va. Code '20-12-1 et seq.
				designates the Department of Environmental Protection as the state lead
				department for groundwater. The Department of Agriculture is specifically
				authorized to be the groundwater regulatory department for the use or
				application of pesticides and fertilizers. Other agencies specifically
				designated to regulate groundwater are the division of energy and the division
				of health. If the authority to regulate facilities or activities which may
				adversely impact groundwater is not otherwise assigned, the division of natural
				resources is authorized as the regulatory department for unassigned facilities
				or activities. As appropriate, the Department of Environmental Protection shall
				cooperate with the Department of Agriculture, Division of Energy, and Division
				of Health. .
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-22 - Generic State Management Plan For Pesticides And Fertilizer In Groundwater › Section 61-22-5 - Legal Authority

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. State
				Statutes
5.1.a. Existing state statutes are
				believed to provide adequate authority for the protection of the state's
				groundwater resources. The state Groundwater Protection Act of 1991 identifies
				the roles and responsibilities of the various State Agencies. Where authority
				is lacking under specific statutes, the Groundwater Protection Act of 1991
				provides the authority for adopting groundwater protection practices or
				regulations.
5.1.b. The specific
				existing statutes relevant to groundwater protection from pesticides and
				fertilizers are:
5.1.b.A. Groundwater
				Protection Act of 1991 (W. Va. Code '20-12-1 et
				seq.)
5.1.b.B. Pesticide Control
				Act of 1990 (W. Va. Code '19-16A-1 et
				seq.)
5.1.b.C. Wellhead Protection
				Act (W. Va. Code '16-1-1 et
				seq.)
5.1.b.D. Solid Waste Act (W.
				Va. Code '22-15-1
				et seq.)
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-22 - Generic State Management Plan For Pesticides And Fertilizer In Groundwater › Section 61-22-6 - Enforcement Mechanisms

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The
				prevention of exceedance of health-based water quality standards will be
				accomplished through use of a two tiered management system (voluntary, followed
				by mandatory management practices and safeguards) which seeks to identify,
				prevent and reverse trends toward increasing concentrations of pesticides and
				fertilizers in groundwater.
6.2.
				When valid monitoring data or generally accepted computer modeling techniques
				predict potential contamination by specific chemicals in specific areas or when
				monitoring shows an increasing trend, voluntary best management practices will
				be initiated accompanied by an educational effort. Monitoring of the
				groundwater in the area will increase.
6.3. If despite voluntary measures,
				monitoring indicates that chemical concentrations continue to increase or
				contamination exceeding health based standards is documented, mandatory
				management practices and other regulatory restrictions will be enacted. These
				practices would then be included as pesticide and fertilizer regulations in the
				state and would be enforceable under FIFRA and/or state laws. Penalties for
				violation of pesticide label requirements or state restrictions include
				revocation of pesticide dealer licenses or pesticide applicator certification
				and civil penalties or criminal penalties, depending on the severity of the
				violation. (If the state statutes do not provide for adequate civil or criminal
				penalties, violations can be referred to the U.S. EPA for prosecution under
				FIFRA where applicable).
6.4. If,
				after evaluation of it's effectiveness, the two tiered management system is
				unsuccessful in preventing standard-exceeding concentrations of pesticides and
				fertilizers, product registration may be suspended, canceled or restrictions
				imposed by areas of concern.
6.5.
				Other regulations which protect groundwater from pesticides and fertilizers
				will include secondary containment regulations for pesticide and fertilizer
				storage and mixing, pesticide and container disposal regulations and wellhead
				protection programs.
6.6. When
				water quality and health-based standards for pesticides and fertilizers are
				found to be exceeded by any agency, this information will be forwarded to the
				Department of Agriculture for a site investigation to determine if a product
				use pattern or best management practice is ineffective or if a misuse has
				occurred which may be subject to penalty. This information shall also be shared
				with other appropriate agencies for their evaluation or to see if other
				statutes may have been violated.