West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-23 - WV Aquaculture Farm Rules › Section 61-23-6 - Drugs, Feed and Color Additives and Pesticides Critical Control Points

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Only drugs
				approved for food fish aquaculture or listed as low regulatory priority by the
				U.S. Food and Drug Administration's Center for Veterinary Medicine, used under
				an Investigational New Animal Drug application or prescribed by a licensed
				veterinarian following FDA Compliance Policy Guide 7126.06, Extralabel Use of
				New Animal Drugs in Food-Producing Animals may be used for the production of
				human food fish. Except that veterinary biological products(vaccines) licensed
				by the United States Department of Agriculture Animal and Plant Health
				Inspection Service may be used.
6.2. Pesticides not registered with the U.S.
				Environmental Protection Agency for the use with fish intended as human food
				shall not be used in or land applied within 100 feet of aquaculture water
				sources or aquaculture production areas containing fish in aquaculture
				production for human food. Aerial application of pesticides not registered with
				the U.S. Environmental Protection Agency for use with fish intended as human
				food shall not be made within 500 feet of aquaculture water sources or
				aquaculture production areas containing fish in aquaculture production for
				human food.
6.3. A locked cabinet
				or area shall be maintained and used to store only drugs, medicated feeds
				and/or pesticides used for the production of fish for human
				consumption.
6.4. Drugs shall be
				used in accordance with U.S. Food and Drug Administration regulations and
				labelling. Feed and color additives shall be used according to U.S. Food and
				Drug Administration regulations and labelling. Biological veterinary products
				(vaccines) shall be used in accordance with United States Department of
				Agriculture's regulations and labelling. Pesticides shall be used in accordance
				with U.S. Environmental Protection Agency's regulations and
				labelling.
6.5. A permanent record
				shall be kept when drugs, pesticides, feed and color additives or medicated
				feeds are used to produce fish intended as human food. The record shall include
				the name and dose of any or all drugs, pesticides, feed and color additives, or
				medicated feeds; the date and/or dates administered and the length of the
				required withdraw period; the date of sale; the lot number of the fish; and the
				name and address of the purchaser of the treated fish.
6.6. Aquaculture pesticide use shall
				otherwise conform to the West Virginia Pesticide Control Act (W. Va. Code
				'19-16A-1 et
				seq.).
6.7. Fish and fishery
				products containing levels of the chemicals listed in this section in excess of
				action levels set by the Food and Drug Administration in Table 1 will be
				considered adulterated and subject to embargo or other enforcement action by
				the Commissioner under this rule.
6.7.a. Table
				1 - Action levels for chemicals in fish and fishery products
Chemical
Action Level
Aldrin plus Dieldrin
0.3 ppm
Chlordane
0.3 ppm
Endrin
0.3 ppm
Heptachlor plus
Heptachlor epoxide
0.3 ppm
Chlordecone
0.3 ppm
DDT plus TDE
plus DDE
5.0 ppm
Mirex
0.1 ppm
Toxaphene
5.0 ppm
PCB
2.0 ppm
Methyl Mercury
1.0 ppm
Sulfite
100 ppm