reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-36 - Farm to Food Bank Tax Credit › Section 61-36-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule sets forth the procedures and requirements for the Department
				of Agriculture's administration of the farm-to-food bank tax credit that is
				established by W. Va. Code §
									11-13DD-1,
et
				seq
.
1.2. Authority. -- W.
				Va. Code §
									11-13DD-5(b).
1.3. Filing Date. -- April 24, 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.
1.6. Applicability. -- The farm-to-food bank
				tax credit is available to qualified donors who make eligible and certified
				donations after December 31, 2017.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-36 - Farm to Food Bank Tax Credit › Section 61-36-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Agriculture
				Commissioner" means the Commissioner of the Department of
				Agriculture.
2.2. "Donation" means
				edible agricultural products provided free of charge to a non-profit food
				program.
2.3. "Edible agricultural
				products" means fruits, vegetables, beef, poultry, pork, fish or any other
				edible product raised or grown in West Virginia that is intended for, and fit
				for, human consumption;
2.4.
				"Farming taxpayer" means a West Virginia taxpayer responsible for, and deriving
				income of, at least $1,000 from growing fruits, vegetables or other edible
				agricultural products or from raising beef, poultry, pork, fish or other edible
				agricultural products.
2.5.
				"Nonprofit food program" means a surplus food collection and distribution
				program operated and established to collect donated food for redistribution to
				persons in need and is recognized as exempt from federal taxation under Section
				501(c)(3) of the Internal Revenue Code.
2.6. "Tax Commissioner" means the State Tax
				Commissioner.
2.7. "Tax Credit"
				means the farm-to-food bank tax credit authorized by W. Va. Code §
									11-13DD-1,
et
				seq
.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-36 - Farm to Food Bank Tax Credit › Section 61-36-3 - Tax Credit Authorized; Effective Date

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. W. Va. Code §
									11-13DD-1,
et
				seq
., authorizes a tax credit for farming taxpayers making donations
				of edible agricultural products to nonprofit food programs after December 31,
				2017.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-36 - Farm to Food Bank Tax Credit › Section 61-36-4 - Procedure for Certification

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				Per the definition set forth in W. Va. Code §
									11-13DD-2(3),
				"edible agricultural product" shall include the following:
4.1.a. Fruits and vegetables;
4.1.b. Meats, including fish;
4.1.c. Grains;
4.1.d. Dairy products.;
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-36 - Farm to Food Bank Tax Credit › Section 61-36-6 - General Procedure and Administration

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Requirements to Claim the Tax Credit. To
				claim a tax credit, the farming taxpayer shall comply with the provisions of W.
				Va. Code §
									11-13DD-1,
et
				seq
., W. Va. C.S.R. §110-13DD-1,
et seq.
, and
				this rule, and shall timely provide complete and accurate forms, returns,
				schedules and other information required or requested by the Agriculture
				Commissioner or Tax Commissioner. Failure to comply with these requirements may
				result in a denial of the tax credit.
6.2. Maintenance of Records. A farming
				taxpayer shall maintain the records required to verify the validity of its
				eligibility for the tax credit and the accuracy of the amount of tax credit
				claimed. The receipt form returned to the farming taxpayer by the Department of
				Agriculture shall be considered persuasive evidence of eligibility for this
				credit.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-37 - Agritourism › Section 61-37-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. - This
				legislative rule implements the Agritourism Responsibility Act, W. Va. Code
				§
									19-36-1
et seq
.
				It establishes duties of agritourism professionals and participants in
				agritourism activities, clarifies the relationship between agritourism and
				other laws, and provides for the promotion and marketing of
				agritourism.
1.2. Authority. - W.
				Va. Code §
									19-36-1
1.3. Filing Date. - April, 9, 2024
1.4. Effective Date. - April 15,
				2024
1.5. Sunset Date. - This rule
				shall terminate and have no further force on August 1, 2034.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-37 - Agritourism › Section 61-37-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Agritourism"
				means any lawful activity carried out on a farm or ranch that allows members of
				the general public for recreational, entertainment, or educational purposes to
				view or enjoy rural activities. Agritourism specifically includes weddings and
				receptions held on farms or ranches, or activities that take place on a forest
				farm.
2.2. "Agritourism business"
				means any person, fiduciary, firm, association, partnership, limited liability
				company, corporation, unit of government, or any other group or entity which is
				engaged in the business of providing one or more agritourism activities,
				whether or not for compensation.
2.3. "Agritourism professional" means owners,
				operators, employees, and volunteers working for or under the direction of the
				operators of an agritourism business. This term includes agritourism business
				employees, volunteers, and operators.
2.4. "Commissioner" means the Commissioner of
				the West Virginia Department of Agriculture.
2.5. "Equipment" means the items necessary
				for a particular agritourism activity.
2.6. "Facilities" means a place, amenity or
				piece of equipment designed, built, installed, or provided to serve a specific
				function or service.
2.7. "Farm"
				means an area of land used for the production, cultivation, growing,
				harvesting, or processing of agricultural products.
2.8. "Guided activities" means activities led
				by an agritourism professional as part of an agritourism business.
2.9. "Inherent risks" are those dangers or
				conditions that are part of an agritourism activity including certain hazards,
				natural conditions of land and terrain, vegetation, and waters, the behavior of
				wild or domestic animals, and ordinary dangers of structures or equipment
				ordinarily used in farming and/or ranching operations. Inherent risks of
				agritourism activity also include the potential of a participant to act in a
				negligent manner that may contribute to injury to the participant or others,
				including failing to follow instructions given by the agritourism professional
				or failing to exercise reasonable caution while engaging in the agritourism
				activity.
2.10. "Participant" means
				any person, other than the agritourism professional, who engages in an
				agritourism activity.
2.11. "Posted
				warnings" means any and all signs placed at the site of the agritourism
				activity by the agritourism professional related to the proper operation of the
				agritourism activity, appropriate and/or inappropriate actions by agritourism
				participants, and any other directions or information to be observed and heeded
				by agritourism participants.
2.12.
				"Ranch" means an area of land used for the breeding and/or raising of
				animals.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-37 - Agritourism › Section 61-37-3 - Duties of agritourism operators

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Each agritourism business shall post and
				maintain signs that contain the following notice:
NOTICE
Under West Virginia law, there may be limited liability for
				  an injury to or death of a participant in an agritourism activity conducted at
				  this agritourism business if the injury or death results from the inherent
				  risks of the agritourism activity. Inherent risks of agritourism activities
				  include, among others, risks of injury inherent to landscape, terrain,
				  equipment, and animals, as well as the potential for you to act in a negligent
				  manner that may contribute to your injury or death. You are assuming the risk
				  of participating in this agritourism activity.
3.1.a. Signs must be placed in a clearly
				visible location at both the entrance to the agritourism location and at the
				site of the agritourism activity. If the entrance to the location and the site
				of the activity are the same, only one sign is required.
3.1.b. The notice on each sign must be
				clearly legible, with each letter to be a minimum of one inch in
				height.
3.1.c. Failure to display
				the required notice will prevent an agritourism business from invoking the
				immunity provided by the Agritourism Responsibility Act.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-37 - Agritourism › Section 61-37-4 - Duties of agritourism participants

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. All participants engaged in an
				agritourism activity expressly assume the risk of and legal responsibility for
				any injury, loss or damage to person or property which results from
				participation in an agritourism activity.
4.2. All participants shall heed all posted
				warnings, and perform agritourism activities only in an area or in facilities
				designated by the operator. In the case of guided activities, all participants
				shall follow all directions, instructions and refrain from acting in a manner
				which may cause or contribute to the injury of others.
4.3. All participants shall notify the
				operator of any medical conditions or circumstances that may interfere or limit
				the ability to heed instructions, directions, or cause or contribute to the
				injury of others.
4.4. All
				participants involved in an accident shall not depart from the area or facility
				where the agritourism activity has taken place without leaving contact
				information, including their name, address, and telephone number where they can
				be reached.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-37 - Agritourism › Section 61-37-5 - Maintenance of property status for certain purposes; exceptions

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The occurrence
				of agritourism activities does not change the nature or use of property that
				otherwise qualifies as agricultural for building code and property tax
				classification purposes.
5.1.a. An owner of
				farm land wishing to maintain farm land valuation of his or her land must
				comply with the annual application requirements of his or her county
				assessor.
5.1.b. Tangible personal
				property utilized in agritourism shall be considered to be "employed
				exclusively in agriculture," and therefore eligible for the personal property
				exemption contained in W. Va. Code §
										11-3-9(a)(28), so
				long as that tangible personal property would otherwise be eligible for the
				exemption, save the property's use in agritourism activities, and the tangible
				personal property's use in agritourism activities less than 50% of its overall
				use.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-37 - Agritourism › Section 61-37-6 - Marketing and promotion of agritourism

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Advertisements and marketing materials
				are not required to include the notice language contained in section
				3.1.
6.2. For the purpose of
				promotion and marketing of agritourism, the Commissioner is authorized to
				establish a voluntary registration and support program for agritourism
				businesses and agritourism professionals. Such program may assess a fee for
				voluntary registration and participation, provide guidance and advice to
				agritourism businesses and agritourism professionals, and offer additional
				assistance with marketing and promotion.
6.3. An agritourism business shall be
				considered a tourism related business, attraction or event for purposes of
				eligibility to participate in tourism promotion efforts by the West Virginia
				Tourism Office.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-38 - Farmers Market › Section 61-38-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -
				This legislative rule establishes the framework for regulation of farmers
				markets and farmers market vendors, including registration, permitting,
				inspection, and labeling. This rule also establishes requirements for sampling
				at farmers markets and sets forth procedures for enforcement and
				hearings.
1.2. Authority. -- W. Va.
				Code §
									19-35-4
1.3. Filing Date. -- April 14, 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.
1.6. Controlling authority. - If a dispute
				arises over the applicable rules for a farmers market or farmers market vendor,
				the determination of the Department of Agriculture controls.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-38 - Farmers Market › Section 61-38-2 - Incorporated by Reference

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1 The Farmers
				Market Vendor Guide, published by the West Virginia Department of Agriculture,
				is hereby incorporated by reference.
2.2 Regulatory Guidance for Best Practices,
				Cottage Foods current, published by the Association of Food and Drug Officials,
				is hereby incorporated by reference.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-38 - Farmers Market › Section 61-38-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. "Acidified
				foods" means low-acid foods to which acid or acid foods are added with a water
				activity of greater than 0.85 and a finished equilibrium of pH 4.6 or below.
				Acidified foods are considered potentially hazardous foods.
3.2. "Commercial kitchen" means a permitted
				manufacturing facility or food establishment designed for food production and
				food safety and eligible for interstate commerce.
3.3. "Commercially harvested mushrooms" means
				specific mushroom species purposely planted, cultivated and harvested for the
				purpose of food production either by germinated spawn or cloning.
3.4. "Commissioner" means the Commissioner of
				the West Virginia Department of Agriculture.
3.5. "Community kitchen" means a kitchen that
				is used by community members for preparing foods, and is considered a
				non-permitted kitchen.
3.6.
				"Community supported agriculture" means a system that connects growers and
				consumers through a subscription model to provide access to the harvest of a
				farm or group of farms.
3.7. "Farm
				and food product" means any agriculture, horticulture, agroforestry, animal
				husbandry, dairy, livestock, beekeeping, or other similar product, and includes
				potentially hazardous foods and non-potentially hazardous food produced or
				manufactured there from.
3.8. "Farm
				kitchen" means an on-premise food preparation facility manufacturing items for
				sale at a qualified farmers market for direct consumer purchase, and is
				considered a non-permitted kitchen.
3.9. "Farmers market" means:
3.9.a. A traditional farmers market in which
				two or more vendors gather to sell a farm and food product directly to
				consumers at a fixed location;
3.9.b. A farm stand run by an individual
				producer that sells a farm and food product, not necessarily conducted at a
				fixed location;
3.9.c. An on-farm
				market on a vendor's farm property;
3.9.d. An online farmers market in which two
				or more where vendors collectively market a farm and food product digitally and
				retain ownership of these products until they are sold;
3.9.e. A consignment farmers market in which
				two or more vendors deliver their own farm and food products to a common
				location maintained by a third party that markets the vendor's products and
				receives a percentage share of the profits from sales, with the individual
				vendor retaining ownership of the farm and food product until it is sold. A
				consignment farmers market may also be mobile, or in a stationary
				location;
3.9.f. A mobile farmers
				market in which two or more vendors sell farm and food products direct to
				consumers from a mobile unit;
3.9.g. An area within a fair or festival at
				which farm and food products are sold; or
3.9.h. Any other form of farmers market
				approved by the commissioner.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-38 - Farmers Market › Section 61-38-4 - Farmers Market Registration

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. All farmers
				markets shall register with the WVDA on a form provided by the
				Commissioner.
4.2. Farmers market
				registrations are effective from April 1 through March 31 of the following
				year.
4.3. All applications for
				farmers market registrations must be received by March 1. If applications are
				received after the March 1 deadline, the applicant will be charged a late fee
				of $20.
4.4. Farmers market
				registrations shall be displayed in a conspicuous location while the market is
				in operation.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-38 - Farmers Market › Section 61-38-5 - Requirements for Specific Farmers Market Types

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. A consignment
				farmers market is required to register as a farmers market pursuant to section
				4 of this rule.
5.1.a. A consignment farmers
				market must obtain a food establishment permit from the appropriate local
				health department.
5.1.b. If the
				Department determines that a registrant qualifies as a consignment farmers
				market, it shall require the registrant to provide a copy of a valid food
				establishment permit before accepting its registration.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-38 - Farmers Market › Section 61-38-6 - Permitted and Prohibited Foods at Farmers Markets

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. All
				non-potentially hazardous farm and food products may be sold at farmers markets
				without a farmers market vendor permit. These include, but are not limited to:
6.1.a. Breads;
6.1.b. Cakes;
6.1.c. Candies;
6.1.d. Honey;
6.1.e. Tree syrup;
6.1.f. Apple butter;
6.1.g. Molasses;
6.1.h. Standardized, nondietary jams and
				jellies;
6.1.i. Dehydrated fruits
				and vegetables;
6.1.j. Whole uncut
				produce. Any vendor selling fresh uncut produce in West Virginia at a farmers
				market must complete a Produce Affidavit form, prepared by the Commissioner,
				annually and submit to the Department: Provided, That this requirement shall no
				longer have any force or effect if the Department no longer receives funding
				from the Federal Food and Drug Administration (FDA) to enforce the Food Safety
				Modernization Act (FSMA);
6.1.k.
				Commercially harvested mushrooms on the approved species list found in the West
				Virginia Farmers Market Vendor Guide;
6.1.l. Canned, whole, or chopped
				tomatoes;
6.1.m. Tomato sauce;
				and
6.1.n. Tomato juice having a
				finished equilibrium of pH 4.6 or below; and
6.1.o. Other non-potentially hazardous foods,
				as specified in the West Virginia Farmers Market Vendor Guide.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-38 - Farmers Market › Section 61-38-7 - Labeling

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. All food
				products made or packaged in West Virginia for direct, non-wholesale, purchase
				by consumers - whether made in a commercial kitchen inspected by WVDHHR or
				local health departments under its jurisdiction, or made in a non-commercial
				home, farm or community kitchen - shall carry product labels, regardless of
				whether the product is potentially hazardous or non-potentially
				hazardous.
7.2. Labeling of dairy
				products, eggs, and meat or meat-containing products are regulated by other
				authorities and are not included in this section.
7.3. Labeling shall generally conform to U.S.
				Food and Drug Administration rules and guidance unless specifically
				noted.
7.4. Required label elements
				shall be of a size and style that is easily legible to the average person and
				shall consist of:
7.4.a. Statement of
				identity, which is the common name of the product.
7.4.b. Company name of producer, packer, or
				distributor. Unless the name given is the actual producer, the name must be
				accompanied by a statement noting the relation to the product.
7.4.c. City, state and zip code of the
				producer, packer, or distributor.
7.4.d. Ingredients listed in descending order
				from greatest weight to least. Single ingredient products shall include an
				ingredient list to ensure consumers that it is the only ingredient in the
				product. The ingredient list shall begin with "Ingredients:" followed by the
				list.
7.4.e. Net contents or
				numerical count located in bottom third of the primary label panel in standard
				U.S. measures, followed by the metric equivalent in parentheses. Honey shall be
				measured by weight. Syrups shall be measured by liquid volume.
7.4.f. A statement of any of the major food
				allergens contained in the product, as specified by U.S. Food and Drug
				Administration. The statement shall be placed directly below the ingredient
				list and shall begin with "Contains" followed by the allergens. The current
				allergens are milk, egg, fish, crustacean shellfish, tree nuts, peanuts, wheat,
				and soybeans. Products that contain tree nuts, fish, or crustacean shellfish
				must also declare the specific type of allergen in parentheses following the
				broader category of allergen. Beginning Jan. 1, 2023, sesame will also be
				considered a major allergen and must be included in allergen
				statements.
7.4.g. Safe handling
				instructions such as freezing or refrigeration requirements and minimum safe
				heating temperatures when applicable.
7.4.h. Any date or lot codes that are
				required elsewhere in these rules for potentially hazardous foods.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-38 - Farmers Market › Section 61-38-8 - Requirements for the sale of Potentially Hazardous Foods at Farmers Markets

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. A producer
				of canned acidified foods, as defined in section 6.2.a of this rule, must
				satisfy the following requirements:
8.1.a.
				The producer must have the process for preparing and preserving the products
				approved by a process control authority recognized by WVDA prior to selling the
				products, and must be obtained in a manner approved by the WVDA, as provided in
				the West Virginia Farmers Market Vendor Guide.
8.1.b. The producer must keep records to
				demonstrate the source of the_produce in the producer's canned acidified foods.
				Recordkeeping shall include, but not be limited to:
8.1.b.1. Name of product;
8.1.b.2. Number of units prepared;
8.1.b.3. Record of raw ingredients used and
				vendor from which ingredients were sourced;
8.1.b.4. Date/Lot code; and
8.1.b.5. Where product/lot was
				distributed.
8.1.c. If
				the producer has a private water supply, he or she must have the supply tested
				prior to permitting and at least annually thereafter and demonstrate through a
				written record of testing for coliform bacteria to signify that the water
				supply is potable. The WVDA may require more frequent testing, or additional
				testing, if circumstances dictate that such testing is necessary to ensure food
				safety.
8.1.c.1. Maximum coliform levels shall
				be <1cfu/100mL.
8.1.c.2. For
				municipal water sources, a certificate of testing must be available for review
				and the person utilizing the kitchen for preparation of potentially hazardous
				foods should verify use during potentially hazardous food production if more
				than one water source is present.
8.1.c.3. WVDA may establish additional water
				quality standards in order to meet state water quality guidelines.
8.1.d. The producer must submit
				proof of or having completed Better Process Control School or other
				higher-level food safety training, as defined in section 8.6 of this
				rule.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-38 - Farmers Market › Section 61-38-9 - Vendor Permit Process

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Vendors
				required to obtain a farmers market vendor permit shall apply with the WVDA on
				a form provided by the Commissioner, which shall include, at a minimum, the
				following information:
9.1.a. Applicant's
				name, mailing address, phone number, and email address;
9.1.b. Type of products being sold;
9.1.c. Physical location of growing
				field(s);
9.1.d. Information about
				the markets where vendor anticipates selling products, including:
9.1.d.1. Name of markets;
9.1.d.2. Location of markets; and
9.1.d.3. Dates when vendor plans to
				participate in market;
9.1.e. Satisfactory information to determine
				that the food vendor has complied, or is compliant, with the requirements of
				section 8 of this rule; and
9.1.f.
				Any other information deemed relevant by the Commissioner.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-38 - Farmers Market › Section 61-38-10 - Inspections of Farmers Markets

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Inspections
				of farmers markets shall be conducted by the WVDA. Local health departments may
				inspect a farmers market or vendor kitchen to investigate a foodborne outbreak.
				All inspections conducted at farmers markets or vendor kitchen by local health
				departments shall be performed in consultation with the WVDA. All farmers
				market or vendor complaints received by local health shall be forwarded to the
				WVDA immediately.
10.2. Farmers
				market inspections shall occur, at a minimum, once every three years.
				Inspections by the WVDA shall include, but are not limited to:
10.2.a. Display of current
				registration;
10.2.b. Current list
				of vendors; and
10.2.c. Compliance
				with sampling requirements listed in the West Virginia Farmers Market Vendor
				Guide.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-38 - Farmers Market › Section 61-38-11 - Inspections of Potentially Hazardous Food Kitchens

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Kitchen
				inspections for farm and food products that require a farmers market vendor
				permit shall be conducted by a WVDA representative upon the initial application
				and after renewal of the annual application. Non-compliance violations may
				result in additional inspections.
11.2. Potentially hazardous food vendors will
				be charged $27 per hour, excluding travel hours, for inspections, which will be
				billed directly to the potentially hazardous food vendor.
11.2.a. Inspection costs will be assessed for
				both the annual inspection, as well as any follow up inspections after a
				violation has occurred.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-38 - Farmers Market › Section 61-38-12 - Local Permit Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. Except for
				consignment farmers markets, no permit is required for a farmers market or a
				farmers market vendor selling food and farm products.
12.2. Farmers market vendors shall be subject
				to any state or federal rules and regulations that apply to certain farm and
				food products sold at farmers markets or at a consignment farmers market under
				the Food Safety Modernization Act,
				21 U.S.C. §§
										2201
et seq.
, and interstate
				commerce regulations. The Department is solely responsible for enforcing these
				regulations.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-38 - Farmers Market › Section 61-38-13 - Sampling

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. All
				sampling shall be performed in consultation with the WVDA. The WVDA allows the
				distribution of samples at Farmers Markets provided that:
13.1.a. The farmers market ensures that
				vendors are following the guidance established in the West Virginia Farmers
				Market Vendor Guide and
13.1.b. A
				representative of the farmers market participates in a WVDA-approved training
				course identified in subsection 8.4 of this rule on an annual
				basis.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-38 - Farmers Market › Section 61-38-14 - Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. The
				Commissioner may assess a violation of W. Va. Code §
									19-35-1
et. seq.
or of this rule.
14.2. If a
				violation has been committed by either the farmers market or the vendor, or an
				item is found to be adulterated or misbranded, the Commissioner shall send a
				written "First Notice" to the vendor permit holder. This notice shall notify
				the vendor permit holder that a violation of W. Va. Code §
									19-35-1
et. seq.
of this rule and the enforcement policy established by this section of the
				rule. A second inspection shall occur after the notification has been
				sent.
14.3. If a violation has been
				committed during the second inspection, the Commissioner shall send a written
				"Second Notice" to the vendor permit holder. The registrant must develop a
				written plan to correct the violation(s) and implement it within 7 days after
				the Second Notice has been sent out.
14.4. A third inspection shall occur after
				the receipt and acceptance of the written plan of correction.
14.5. If a violation has been committed
				during the third inspection, the Commissioner will issue an immediate
				"Suspension of Permit." The "Suspension of Permit" order will give the reason
				of the order, state the length of time that the Suspension of Permit order will
				be in effect, and specify a time and place for a hearing to be held in the
				matter.
14.6. The suspension shall
				state the time that the suspension will be effective, give the reason of the
				suspension, and specify a time and a place for a hearing to be held in the
				matter, except in the case of a summary suspension. The Commissioner may give
				the manufacturer the opportunity to request a hearing in this matter subsequent
				to the notification of the suspension.
14.6.a. The suspension shall remain in effect
				until the vendor permit holder submits, and the Commissioner accepts, a written
				plan of correction and a request for a reinstatement of the permit.
14.6.b. The Commissioner has ten (10)
				business days from the date or receipt of a written plan of correction and
				request for the reinstatement of the permit to respond. The Commissioner shall
				accept or deny the application for a reinstatement of the permit and shall give
				the terms and conditions under which the permit will be reinstated.
14.6.c. If the Commissioner finds that after
				the vendor permit holder has resumed operations following a suspension of their
				Farmers Market Registration or Farmers Market Vendor Permit that effective
				corrective actions have not been taken, the Commissioner shall hold a hearing
				to determine if the Farmers Market Permit or the Farmers Market Vendor Permit
				should be revoked.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-38 - Farmers Market › Section 61-38-15 - Hearings

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. If a
				violator requests an informal hearing or the Commissioner schedules an informal
				hearing, the compliance officer shall schedule a hearing in accordance with the
				following procedures:
15.1.a. The compliance
				officer shall notify any authorized representative of the Commissioner who was
				involved in the inspection which discovered the violation which is the subject
				of the hearing, and the violator of the time and place of the informal
				hearing;
15.1.b. The compliance
				officer shall notify the parties at least ten (10) business days prior to the
				time of the hearing; and
15.1.c.
				The compliance officer may continue the informal hearing only for good cause
				shown.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-39 - Seed Certification Program › Section 61-39-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes the requirements governing the standards for
				industrial hemp seed production, inspection, and seed standards for
				certification. Industrial hemp, as defined by W. Va. Code, will be enforced by
				W. Va. Code and legislative rules promulgated under that article.
1.2. Authority. -- W. Va. Code §
									19-16-3a;
				§ 19-16-6.
1.3. Filing Date.
				-- April 15, 2022
1.4. Effective
				Date. -- April 18, 2022
1.5. Sunset
				Date. -- This rule shall terminate and have no further force or effect on
				August 1, 2032.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-39 - Seed Certification Program › Section 61-39-2 - Policy

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. All persons
				involved in seed certification in the state of West Virginia are equally
				responsible for full compliance with the provisions of W. Va. Code, §
									19-16-1
et seq
.
2.2. The
				Association of Official Seed Certifying Agencies (AOSCA) Seed Certification
				Handbook is incorporated in its entirety by reference.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-39 - Seed Certification Program › Section 61-39-3 - Seed Certification - Purpose

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Under the authority of W. Va. Code
				§
									19-16-6,
				the department adopts rules to establish standards for seed certification in
				West Virginia in order to maintain and make available sources of high quality
				seeds and propagating material of plant varieties so grown and distributed as
				to ensure genetic identity and genetic purity.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-39 - Seed Certification Program › Section 61-39-4 - Seed Certifying Agencies in West Virginia

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Seed certification in West Virginia is
				conducted under the authority of W. Va. Code §
									19-16-3a,
				W. Va. Code §
									19-16-6,
				and W. Va. Code R. 61 C.S.R. 9-11. The department conducts seed certification
				in cooperation with the West Virginia Associated Crop Growers and the
				Association of Official Seed Certifying Agencies.
4.2. The West Virginia Department of
				Agriculture certifies seed of industrial hemp. All other seed is certified by
				the West Virginia Department of Agriculture or the West Virginia Associated
				Crop Growers.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-39 - Seed Certification Program › Section 61-39-5 - Definitions of Terms Used for Purposes of Certification Programs

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Variety
				Classes:
5.1.1. Breeder Class: Breeder seed
				is seed directly controlled by the originating or sponsoring plant breeding
				institution, or person, or designee thereof. As applied to certified seed,
				breeder seed is the source for the production of seed of the other classes of
				certified seed.
5.1.2. Foundation
				Class: Foundation seed is seed which is the progeny of breeder or foundation
				seed produced under control of the originator or sponsoring plant breeding
				institution, or person, or designee thereof. As applied to certified seed,
				Foundation seed is a class of certified seed which is produced under procedures
				established by the certifying agency for the purpose of maintaining genetic
				purity and identity.
5.1.3.
				Registered Class: Registered seed is the progeny of Breeder, Select, or
				Foundation seed handled under procedures acceptable to the certifying agency to
				maintain satisfactory genetic purity and identity.
5.1.4. Certified Class: Certified seed is the
				progeny of Breeder, Select, Foundation, or Registered seed so handled as to
				maintain satisfactory genetic purity and identity, and which has been approved
				and certified as acceptable to the certifying agency.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-39 - Seed Certification Program › Section 61-39-6 - Seed Standards for Proprietary Variety Certification - Application for Proprietary Certification

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				The general seed certification standards provided for in this
				rule
,
together with the varieties eligible for seed
				certification, constitute the basic requirements for proprietary variety
				certification.
6.2. The owner or
				designee with production or marketing rights of a proprietary variety shall
				submit to the certifying agency a list of growers who will submit applications
				for certification showing the variety, acreage authorized, processor
				authorized, and also advising whether the variety is under genetic purity
				certification or under complete certification. The list of growers must be
				submitted prior to the application due dates for seed certification as
				specified by rule.
6.3. Each
				application for seed certification received by the certifying agency is subject
				to approval from the list submitted by the owner with production or marketing
				rights of a proprietary variety.
6.4. The certifying agency shall refuse
				certification of any seed that appears in a processing or conditioning plant
				not authorized by the owner or designee with production or marketing rights of
				a proprietary variety.
6.5. An
				application for seed certification may be withdrawn at any time prior to
				tagging. The applicant is responsible for fees due and owing when an
				application for seed certification is withdrawn.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-39 - Seed Certification Program › Section 61-39-8 - Standards for Production of Foundation Seed

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The general seed certification standards
				together with specific crop standards established in this rule constitute the
				basic standards for production of foundation seed as determined necessary by
				the certifying agency. Seed to be eligible for foundation certification tags
				shall be approved by the originating plant breeder or his or her designated
				agent, and in compliance with the following standards:
8.1.1. Pre-planting report. A pre-planting
				inspection, an industry responsibility, shall be made of fields to be planted
				with breeder seed. A written report of the preplant inspection, performed by
				either a representative of the person issuing the contract or by the grower
				shall be maintained by the variety owner or designee for a minimum of three
				years. The report shall show the grower's name, number of acres, location, crop
				history for the past three years, crops to be planted, origin of breeder seed,
				isolation status, and any weed and crop present.
8.1.2. Planting requirement. To distinguish
				between any possible volunteer and the crop seeded, all fields shall be planted
				in distinct rows. Plants outside defined rows may be construed as
				volunteers.
8.1.3. Combine
				inspection. The combine used for seed harvesting shall be cleaned and inspected
				prior to harvesting foundation seed. The combine shall be free of all
				contaminating material. If an official combine inspection is requested, the
				certifying agency shall be notified of the following: The date, time, and
				location where the combine inspection may be made.
8.1.4. Processing plant inspection. The
				processing or conditioning plant shall be inspected before processing
				foundation seed and the processer shall make periodic inspections during
				processing.
8.1.5. Recleaning,
				re-bagging, pre-inoculation, treating, or other processes shall be approved by
				the certifying agency. An original tag shall be submitted with the request for
				recertification and the seed shall be retagged and resealed on
				completion.
8.1.6. For a
				proprietary variety the combine inspection in subdivision 8.13 of this section,
				and processing plant inspection in subdivision 8.1.4 of this section,
				responsibility may be assigned to the proprietor or his or her designee upon
				their request. The variety owner or designee shall maintain a report covering
				required inspections.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-39 - Seed Certification Program › Section 61-39-9 - Varieties Eligible for Seed Certification in West Virginia

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Only seed
				varieties that are accepted as meriting seed certification by an appropriate
				AOSCA National Variety Review Board or a member agency of AOSCA in accordance
				with the criteria listed in subsection (2) of this section may be eligible for
				seed certification in West Virginia.
9.2. The following information is required
				for submission to an AOSCA National Variety Review Board or other certifying
				agency for acceptance of a seed variety for certification:
9.2.1. The name of the variety;
9.2.2. A statement concerning the variety's
				origin and the breeding procedure used in its development;
9.2.3. A detailed description of the
				morphological, physiological, and other characteristics of the plants and seed
				that distinguish it from other varieties;
9.2.4. Evidence supporting the identity of
				the variety, such as comparative yield data, insect and disease resistance, or
				other factors supporting the identity of the variety;
9.2.5. A statement giving the suggested
				region of probable adaptation and purposes for which the variety is
				used;
9.2.6. A description of the
				procedure for maintenance of stock seed classes, including the number of
				generations through which the variety can be multiplied;
9.2.7. A description of the manner in which
				the variety is constituted when a particular cycle of reproduction or
				multiplication is specified;
9.2.8.
				Any additional restrictions on the variety, specified by the breeder, with
				respect to geographic area of seed production, age of stand or other factors
				affecting genetic purity; and
9.2.9. A sample of the seed representative of
				the variety as marketed.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-39 - Seed Certification Program › Section 61-39-10 - Seed Classes Recognized for Seed Certification

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Four seed classes are recognized in
				seed certification, namely: Breeder, foundation, registered, and certified.
10.1.1. Breeder seed is seed or vegetative
				propagating material directly controlled by the originating, or in certain
				cases the sponsoring plant breeder, institution, or firm. Breeder seed supplies
				the source for the initial and recurring increase of foundation seed. Breeder
				seed may also be used to produce subsequent generations.
10.1.2. Foundation seed, identified by white
				tags, is first-generation seed increased from breeder seed or its equivalent.
				Production shall be carefully supervised and approved by the certifying agency.
				Foundation seed is eligible to produce registered or certified seed.
10.1.3. Registered seed, identified by purple
				tags
,
is the progeny of breeder or foundation seed
				that is handled as to maintain satisfactory genetic identity and purity and is
				approved and certified by the certifying agency. Registered seed is eligible to
				produce certified seed.
10.1.4.
				Certified seed, identified by blue tags, is the progeny of breeder, foundation,
				registered, or certified seed which is handled as to maintain satisfactory
				genetic identity and purity and is approved and certified by the certifying
				agency. Certified seed is not eligible for recertification, except as provided
				for in section 11 of this rule.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-39 - Seed Certification Program › Section 61-39-11 - Limitation of Generations for Seed Certification

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. The number of generations through which
				a seed variety may be multiplied is limited to the number specified by the
				originating breeder or owner of a variety except that; and
11.1.1. Unlimited recertification of the
				certified seed class may be permitted for crop varieties where foundation seed
				is not being maintained; and
11.1.2. The production of an additional
				generation of the certified class may be permitted on a one-year basis when:
11.1.2.a. Prior to the planting season, the
				certifying agency states that foundation and registered seed supplies in the
				United States are not adequate to plant the needed acreage of the
				variety;
11.1.2.b. Permission of
				the originating breeder and/or owner of the variety is obtained (if
				applicable); and
11.1.2.c. The
				additional generation of certified seed produced is declared to be ineligible
				for recertification.