reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-40 - WV Exempted Dairy Farms and Milk and Milk Products Processing Rules › Section 61-40-11 - Milkhouse construction and facilities

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. The producer may provide a milkhouse
				conveniently located and properly constructed, lighted, and ventilated for
				handling and cooling milk and for washing, handling, and storing the equipment
				and utensils. Other products which would be likely to contaminate milk, or
				otherwise create a public health hazard, shall not be handled in the milkhouse.
11.2. If the farm has a milkhouse,
				it shall meet the following construction requirements:
11.2.1. The milkhouse shall be equipped with
				wash and rinse vats and a utensil rack and have an adequate supply of hot and
				cold water available for cleaning milking equipment. If the milkhouse is part
				of the barn or other building, it shall be partitioned, screened, and sealed to
				prevent the entrance of dust, flies, or other contamination. A milking parlor
				used strictly as a milking facility in combination with a milkhouse, when
				properly equipped, arranged and maintained, need not be partitioned.
11.2.2. Concentrates and feed, if stored in
				the building, shall be kept in a tightly covered box or bin.
11.2.3. The floor of the building may be of
				concrete or other impervious material. The floor slopes shall drain so that
				there are no pools of standing water. The joints between the floor and the
				walls shall be watertight.
11.2.4.
				The liquid wastes shall be disposed of in a sanitary manner. All floor drains
				shall be accessible and shall be trapped if connected to a sanitary sewer.
11.2.5. Walls and ceilings shall
				be constructed of smooth dressed lumber or similar material, be well painted
				with a light-colored washable paint, and be in good repair. Surfaces and joints
				shall be tight and smooth. Sheet metal, tiles, cement block, brick, concrete,
				cement plaster, or similar materials of light color may be used as long as the
				surfaces and joints are smooth and easily cleaned.
11.2.6. Windows and solid doors shall be
				closed during dusty weather. Windows and doors shall be properly screened. All
				outside doors shall open outward and have effective means to prevent the
				entrance of flies.
11.2.7. The
				milkhouse shall be adequately ventilated to minimize odors and condensation on
				floors, walls, ceilings, and clean utensils.
11.2.8. Vents and light fixtures shall be
				installed in a manner to prevent the contamination of milk and clean utensils.
11.2.9. There shall be no direct
				opening into any barn, stable, or room used for domestic purposes, except that
				an opening between the milkhouse and milking parlor is permitted when a tight
				fitting, self-closing, solid door, hinged to be single or double acting, is
				present.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-40 - WV Exempted Dairy Farms and Milk and Milk Products Processing Rules › Section 61-40-12 - Milkhouse cleanliness

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. If
				the farm has a milkhouse, the producer shall meet the following requirements:
12.1.1. The milkhouse structure, equipment,
				and other milkhouse facilities shall be kept clean at all times.
12.1.2. The milkhouse and its appurtenances
				shall be free of trash, animals, and fowl.
12.1.3. Pesticides or unapproved antibiotics
				shall not be stored in the milkhouse. When pesticides or antibiotics are used,
				they shall be used in accordance with label instructions so as to prevent
				contamination of the milk.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-40 - WV Exempted Dairy Farms and Milk and Milk Products Processing Rules › Section 61-40-13 - Milking utensils and equipment - construction, cleaning, storage, and handling

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 61-40 - WV Exempted Dairy Farms and Milk and Milk Products Processing Rules › Section 61-40-14 - Milking - flanks, udders, and teats

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. Milking practices shall meet the
				following requirements:
14.1.1. Milking shall
				be done in an approved milking barn or parlor.
14.1.2. 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.
14.1.3. Udders and teats of all
				milking animals shall be cleaned and treated with a sanitizing solution and
				shall be relatively dry just prior to milking.
14.1.4. Wet hand milking will be allowed when
				approved by the Commissioner.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-40 - WV Exempted Dairy Farms and Milk and Milk Products Processing Rules › Section 61-40-15 - Milking - surcingles, milk stools, and anti-kickers

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. Surcingles, milk stools, and
				anti-kickers shall be kept clean and shall be stored above the floor in a clean
				place in the milking barn, stable, parlor, or milkhouse when not in
				use.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-40 - WV Exempted Dairy Farms and Milk and Milk Products Processing Rules › Section 61-40-16 - Protection from contamination

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1.
				Protection from contamination requires compliance with the following:
16.1.1. 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.
16.1.2. All milk which has overflowed,
				leaked, spilled, or been improperly handled shall be discarded.
16.1.3. 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.
16.1.4. 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.
16.1.5. Each pail or container of milk shall
				be transferred immediately from the milking barn to the refrigerated storage
				facility.
16.1.6. Pails, cans, and
				other equipment containing milk shall be properly covered during transfer and
				storage.
16.1.7. 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 61-40 - WV Exempted Dairy Farms and Milk and Milk Products Processing Rules › Section 61-40-17 - Personnel - hand washing facilities

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. The following hand washing facilities
				for personnel are required:
17.1.1. Hand
				washing facilities shall be located convenient to the milking barn, parlor, or
				flush toilet.
17.1.2. Hand washing
				facilities shall include soap or detergent, water, and single use
				towels.
17.1.3. 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 61-40 - WV Exempted Dairy Farms and Milk and Milk Products Processing Rules › Section 61-40-18 - Personnel - cleanliness and health

Current through Register Vol. XLI, No. 28, July 12, 2024
18.1. All persons shall comply with the
				following:
18.1.1. 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.
18.1.2.
				Any person milking an animal shall wear clean outer garments while milking or
				handling milk, milk products, milk containers, equipment or utensils;
18.1.3. 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.
18.1.4. 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:
18.1.4.a. The immediate exclusion
				of the affected person from milk or milk products handling;
18.1.4.b. The immediate exclusion of the milk
				or cheese supply concerned from distribution and use; and
18.1.4.c. 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 61-40 - WV Exempted Dairy Farms and Milk and Milk Products Processing Rules › Section 61-40-19 - Insect and rodent control

Current through Register Vol. XLI, No. 28, July 12, 2024
19.1.
				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.
19.2. 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.
19.3. Milkhouses and all buildings
				shall be kept free of insects and rodents.
19.4. Milkhouses and all buildings shall be
				effectively protected against the entrance of vermin.
19.5. Insecticides not approved for use in a
				milkhouse or dairy facility shall not be stored in such facilities.
19.6. 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.
19.7. Insecticides and
				rodenticides shall be used only in accordance with the manufacturer's 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 61-40 - WV Exempted Dairy Farms and Milk and Milk Products Processing Rules › Section 61-40-20 - Farm inspection

Current through Register Vol. XLI, No. 28, July 12, 2024
20.1. Each
				farm shall be inspected for compliance with this rule at least once a year.
				Inspections may be conducted more frequently if necessary, to achieve
				compliance with the provisions of this Rule, or as deemed necessary by the
				commissioner.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-40 - WV Exempted Dairy Farms and Milk and Milk Products Processing Rules › Section 61-40-21 - Animal health

Current through Register Vol. XLI, No. 28, July 12, 2024
21.1. 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 animal health:
21.1.1.
				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;
21.1.2. 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;
21.1.3. The herd meets
				United States Department of Agriculture requirements for an individually
				certified herd;
21.1.4. 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
21.1.5. 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 61-40 - WV Exempted Dairy Farms and Milk and Milk Products Processing Rules › Section 61-40-22 - Farm exclusion

Current through Register Vol. XLI, No. 28, July 12, 2024
22.1. 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.
22.2. 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 61-40 - WV Exempted Dairy Farms and Milk and Milk Products Processing Rules › Section 61-40-24 - Water supply

Current through Register Vol. XLI, No. 28, July 12, 2024
24.1. Any dairy
				farm or milk and milk products processing facility's 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.
24.2. Water samples will be taken
				and 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 61-40 - WV Exempted Dairy Farms and Milk and Milk Products Processing Rules › Section 61-40-25 - Pasteurization of milk and milk products

Current through Register Vol. XLI, No. 28, July 12, 2024
25.1. 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).
25.2. 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
25.3.
				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.
25.4. Water that comes in contact with
				pasteurized milk and/or milk products shall:
25.4.1. Meet at least the minimum times and
				temperatures provided for in the definition of Pasteurization in equipment, or
25.4.2. 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 61-40 - WV Exempted Dairy Farms and Milk and Milk Products Processing Rules › Section 61-40-26 - Food allergens

Current through Register Vol. XLI, No. 28, July 12, 2024
26.1. A
				milk or milk product processing facility shall:
26.1.1. Ensure the protection of milk and/or
				milk products from allergen cross-contact, including during storage, handling
				and use.
26.1.2. Label the
				finished milk and/or milk products, ensuring that the finished milk and/or milk
				products is not misbranded under Section 403(w) of the Federal Food, Drug and
				Cosmetic Act with an undeclared food allergen.
26.1.3. Prevent food allergen cross-contact
				between insanitary objects, personnel, and non-milk allergen-containing foods
				and milk and/or milk products, milk and/or milk products packaging material and
				other milk and/or milk product-contact surfaces.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-40 - WV Exempted Dairy Farms and Milk and Milk Products Processing Rules › Section 61-40-27 - Holding and distribution of human food by-product for use as animal food

Current through Register Vol. XLI, No. 28, July 12, 2024
27.1. Human food
				by-products held for distribution as animal food without additional
				manufacturing or processing by the milk plant shall be held under conditions
				that will protect against contamination as appropriate for their final use in
				animal food.
27.2. Labeling that
				identifies the by-product shall be affixed to or accompany human food
				by-products for use as animal food when distributed.
27.3. Shipping containers (e.g., totes,
				drums, tubs, etc.) and bulk vehicles used to distribute human food by-products
				for use as animal food shall be appropriate for transporting human food
				by-products for use as animal food and protecting against contamination during
				transport.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-40 - WV Exempted Dairy Farms and Milk and Milk Products Processing Rules › Section 61-40-28 - Permit to operate

Current through Register Vol. XLI, No. 28, July 12, 2024
28.1. It is
				unlawful for any person who does not possess a permit from the Department of
				Agriculture to operate a dairy farm or a milk and milk products processing
				facility which produces and offers for sale milk or milk products as covered
				under the provisions of this Rule.
28.2. The producer and the milk or 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-NA - Travel Rules › Section 61-NA-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1
Scope
- These procedural regulations establish general
				operating procedures for in-state and out-of-state travel by employees of the
				West Virginia Department of Agriculture.
1.2
Authority
-
				These regulations are promulgated and issued under authority of Chapter 12,
				Article 3, Section 11, of the West Virginia Code, 1931, as amended.
1.3
Filing Date
-July 16.2001
1.4
Effective Date -
August 1, 2001
1.5
Repeal of Former
				Rule
- These procedural regulations repeal West Virginia
				Procedural Regulations "State Department of Agriculture, Chapter 12-3, Series
				25, Regulations to Govern In-State and Out-of-State Travel by West Virginia
				Department of Agriculture Employees, filed June 26, 1996 with an effective date
				of September 1,1996.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-NA - Travel Rules › Section 61-NA-2 - Declaration of Policy

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1
				-
General Statement
- These regulations govern
				reimbursement for travel costs and other expenses for authorized employees of
				the West Virginia Department of Agriculture and contractors traveling on
				business for and on behalf of the State of West Virginia, specifically the West
				Virginia Department of Agriculture and only for the proper conduct of the
				State's business. These regulations are designed to ensure fairness in the
				application and administration of travel expense reimbursement. An employee
				traveling on state business pursuant to these regulations is expected to
				exercise the care of a prudent person traveling for personal reasons. Travel on
				business must be conducted at a minimum cost for achieving success of the
				mission. All travel expenditures shall be within budgetary allowance for the
				division for which the trip is taken.
2.2 -
Compliance
				Responsibilities
- It shall be the responsibility of each division
				director within the Department of Agriculture to ensure compliance with these
				regulations.
2.3 -
Inquiries
- Any questions or inquiries regarding these
				regulations should be directed to the Administrative Services
				Division.
2.4 -
Conflict of Interest
- No employee of the Department
				of Agriculture shall receive reimbursement from a third party or receive
				prepayment of expenses by a third party while conducting business on behalf of
				the Department, without the express written prior approval of the
				Commissioner.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-NA - Travel Rules › Section 61-NA-3 - General Instructions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1 -
Headquarters
- For purposes of travel reimbursement,
				each employee of the West Virginia Department of Agriculture shall have a
				designated workplace as the official headquarters of the employee. For most
				employees, the official headquarters will be at the Guthrie Agriculture Center.
				Those employees who do not have Guthrie Agriculture Center as headquarters
				shall file a properly executed headquarters justification statement with the
				Department's Administrative Services Division. The official headquarters shall
				be shown on all expense accounts. An employee's home may be officially
				designated as an employee's headquarters only if there is no other location
				available. All employees using their homes as headquarters must secure the
				written approval of the Commissioner to do so. In no case will commuting to an
				employee's headquarters be allowed as a cause for reimbursement without
				specific written authorization from the Commissioner. Specific exception to
				this will occur where the employee is required to return to headquarters from
				home after completing a normal day's work schedule or is called out on what is
				normally a non-work day or holiday for that employee.
3.1.2 -
Headquarters Single
				Location
- Headquarters shall not be multiple stations. Personnel
				who work multiple stations which necessitate automobile travel are in travel
				status from the moment of departure of the official headquarters until return
				to official headquarters. If an employee does not return to the headquarters
				station at the end of a day or a trip, the employee shall not be eligible for
				mileage on personal car in excess of the mileage to return to official
				headquarters.
3.1.3 -
Transfer/Relocation of Assignment
- When an employee
				is assigned an official headquarters other than Guthrie Center that requires
				the relocation of the employee's residence, such employee will be allowed sixty
				(60) calendar days relocation travel expenses. Provision does not apply to
				unassigned voluntary relocation. If the employee elects not to move the
				residence, the employee shall not be allowed expenses related to the change in
				headquarters after the 60 calendar day relocation period.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-NA - Travel Rules › Section 61-NA-4 - In-State Travel

Current through Register Vol. XLI, No. 28, July 12, 2024
Daily allowance for in-state travel shall be subject to all
				  requirements of these regulations. Reimbursement shall be allowable for meals,
				  transportation, lodging, registration fees, parking fees, toll charges, and
				  baggage charges.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-NA - Travel Rules › Section 61-NA-5 - Out-of-State Travel

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1 -
Daily Allowance
- Daily allowance for out-of-state
				travel shall be subject to all requirements of these regulations. Reimbursement
				shall be allowable for meals, transportation, lodging, registration fees and
				baggage. Lodging receipts must be marked paid in full.
5.2 -
Out-of-State Travel
				Requests
- Each employee which is required to travel out-of-state
				must file an application regarding such travel at least fifteen (15) working
				days in advance of the planned trip with the appropriate division director.
				Interdepartmental requisition forms will be submitted by the employee to the
				division director setting forth the purposes of the travel, departure time,
				transportation costs, lodging costs, length of stay, meal costs, registration
				costs and total estimated cost.
5.3
				-
Post Trip Reports
- Each employee will file with the
				division director and the Commissioner's Office an out-of-state trip report.
				Likewise, each employee may be required to make a presentation to the
				employee's division or unit to benefit other employees on the benefits derived
				from the trip.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-NA - Travel Rules › Section 61-NA-6 - . Advance Allowance

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1
				-
Out-of-State Advance Allowance
- Any employee
				authorized to travel out-of-state may request an advance allowance for no less
				than $100 for out-of-state travel, provided that the transmittal for the
				advance allowance is cleared against the related expenses within thirty (30)
				day of the last day of travel. The division director will be responsible to
				ascertain that such allowance and related expense reports are cleared within
				thirty (30) days. No employee may have more than two (2) cash advances
				outstanding at any time.
6.1.1. -
Certification
- Each out-of-state advance allowance
				shall carry the following certification:
"I hereby certify that the above advance allowance
				  requisitioned in the name of __________________is being requested pursuant to
				  compliance with the rules and regulations of the Commissioner of
				  Agriculture.
signed____________________________
Employee
signed_____________________________
Division Director
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-NA - Travel Rules › Section 61-NA-7 - Corporate Travel Cards

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1 -
				Eligibility to Apply for Corporate Card - Only full-time employees of the West
				Virginia Department of Agriculture who travel as a part of their job
				responsibilities are eligible to apply and receive the State of West Virginia
				corporate travel card.
7.2 -
				Authorized Expenses - The State of West Virginia corporate travel card may only
				be used for official business travel expenses which shall include cash advances
				for travel related expenses, lodging, meals, registration fees, automobile
				rentals, gasoline or diesel fuel, the purchase of airline tickets, but not
				flight insurance, and business related long distance toll charges.
7.2.1 - Employees to Abide by the Terms and
				Conditions of the State of West Virginia Corporate Travel Card Contract - Upon
				issuance of State of West Virginia corporate travel card employees, shall agree
				to abide by the terms and conditions of the contract negotiated by the State of
				West Virginia for use of corporate travel cards.
7.2.2. - Personal and Retail Charges
				Prohibited - The corporate travel card shall not be used for any personal or
				retail charges including but not limited to the purchase of goods, supplies or
				services for personal or business related reasons. The purchase of goods,
				supplies and services for business related reasons shall comply with the
				purchasing statutes of the State of West Virginia and be pursuant to an
				authorized purchase order.
West Virginia Code of State Rules › Agency 62 - Beef Industry Self-Improvement Assessment Board › Title 62 - LEGISLATIVE RULE BEEF INDUSTRY SELF-IMPROVEMENT ASSESSMENT BOARD › Series 62-01 - Beef Industry Self-Improvement Assessment Program › Section 62-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- These legislative regulations
				establish general operating rules and procedures for the Beef Industry
				Self-Improvement Assessment Program.
1.2. Authority. -- W. Va. Code
				'19-2F-6.
1.3. Filing Date. --
				April 1, 1986.
1.4. Effective Date.
				-- April 1, 1986.
West Virginia Code of State Rules › Agency 62 - Beef Industry Self-Improvement Assessment Board › Title 62 - LEGISLATIVE RULE BEEF INDUSTRY SELF-IMPROVEMENT ASSESSMENT BOARD › Series 62-01 - Beef Industry Self-Improvement Assessment Program › Section 62-1-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Buying station. -- A place where
				livestock are received from producers and are assembled for resale.
2.2. Cattle. -- Bison or bovine animals of
				any age.
2.3. Livestock dealer. --
				Any person who buys, receives or assembles livestock for resale, either for his
				own account or that of another person.
2.4. Order buyer. -- Any person buying or
				receiving animals or soliciting or negotiating the sale of animals for or on
				behalf of any other person, company, partnership, association or
				corporation.
2.5. Packer. -- A
				person engaged in the business of slaughtering or processing animals for
				resale.
2.6. Person. -- Any
				individual, partnership, corporation, association, fiduciary or other groups of
				persons whether organized or not.
2.7. Livestock market. -- A place of business
				issued a permit by the West Virginia Department of Agriculture who act as
				agents between buyers and sellers of livestock.
2.8. Research and Promotion. -- Program
				activities of the Board and/or its employees or authorized by the Board through
				contract which enhances the sale and profit potential of the state's beef
				industry.
2.9. Fiscal year. --
				"Fiscal Year" shall be July 1 through June 30 of the following year.
2.10. Quorum. -- "Quorum" is a majority of
				the members of the Board.
West Virginia Code of State Rules › Agency 62 - Beef Industry Self-Improvement Assessment Board › Title 62 - LEGISLATIVE RULE BEEF INDUSTRY SELF-IMPROVEMENT ASSESSMENT BOARD › Series 62-01 - Beef Industry Self-Improvement Assessment Program › Section 62-1-3 - Regulations

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Beef Industry Self-Improvement
				Assessment Board. -- This program shall be administered by the West Virginia
				Beef Industry Self-Improvement Assessment Board consisting of nine (9) persons
				who will elect a chairman, secretary and treasurer.
3.2. Chairman: Duties. -- The chairman shall
				preside at all regular and special meetings of the Board, shall appoint all
				committees, and shall have general supervision of the affairs of the Board. A
				quorum must be present at all regular and special meetings of the Board. The
				chairman shall further perform all duties usually pertaining to that
				office.
3.3. Secretary: Duties. --
				The secretary shall keep accurate records of the proceedings of the Board and
				record minutes at all meetings.
3.4. Treasurer: Duties. -- The treasurer
				shall collect and deposit all moneys paid into the program and shall pay all
				bills and obligations of the Board when properly certified and directed. The
				treasurer shall keep an accurate account of all moneys received and paid out
				and shall be ready at all times to report on the condition of the
				treasury.
3.5. Meetings of the
				Board. -- The Board shall meet four (4) times a year, once in each calendar
				year quarter. The dates shall be established at the first quarterly calendar
				year meeting. Additional meetings may be called by the chairman or by a
				majority of the Board. Notices of all regular and special meetings of the Board
				shall be made by mail to each member of the Board at his or her home address.
				All meetings shall be open to the public.
3.6. Election of officers. -- The officers of
				the Board shall be elected by a majority vote of the members at the first
				meeting of each calendar year. The officers shall assume their duties
				immediately upon election.
3.7.
				Executive committee. -- The chairman, secretary and treasurer shall constitute
				the executive committee of the Board.
3.8. Employing personnel. -- The Board may
				employ personnel deemed necessary to carry out the provisions of this program.
				The Board will be an equal opportunity employer.
3.9. Contracts. -- The Board may contract for
				services and/or assistance. All such contracts shall meet legal requirements of
				the State Code.
3.10. Records. --
				The Board shall keep a complete and accurate record of all transactions as
				necessitated by state law. These records shall be open for public inspection at
				all reasonable times.
3.11.
				Business of Board. -- Business of the Board shall be conducted on a fiscal year
				basis.
West Virginia Code of State Rules › Agency 62 - Beef Industry Self-Improvement Assessment Board › Title 62 - LEGISLATIVE RULE BEEF INDUSTRY SELF-IMPROVEMENT ASSESSMENT BOARD › Series 62-01 - Beef Industry Self-Improvement Assessment Program › Section 62-1-4 - Assessments

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Assessment fee. -- An assessment fee of
				one dollar ($1.00) per head shall be collected on all fee eligible cattle
				purchased.
4.2. Forwarding
				assessment. -- Persons collecting the assessment fee shall forward to the Board
				on forms provided by the Board, if they are regular filers, the number of
				cattle on which the assessments were made and the assessment less five percent
				(5%). All collections shall be remitted within thirty (30) days of the time
				collected. Occasional filers will file the same information on any type
				form.
West Virginia Code of State Rules › Agency 62 - Beef Industry Self-Improvement Assessment Board › Title 62 - LEGISLATIVE RULE BEEF INDUSTRY SELF-IMPROVEMENT ASSESSMENT BOARD › Series 62-01 - Beef Industry Self-Improvement Assessment Program › Section 62-1-5 - Refunds

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Requests for refunds. -- Requests for
				refunds shall be made on forms provided by the Board.
5.2. Approval and payment of refunds. --
				Requests received by the Board for a refund shall be reviewed by those
				empowered to do so and if the request is found to be valid, the refund shall be
				processed within thirty (30) days.
5.3. Final decision: Executive committee. --
				If a question arises regarding the validity of a refund request, the final
				decision shall be made by the executive committee.
West Virginia Code of State Rules › Agency 63 - Conservation Committee › Title 63 - LEGISLATIVE RULE STATE CONSERVATION COMMITTEE › Series 63-01 - Operation of the West - Virginia State Conservation Committee and Conservation Districts › Section 63-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This rule establishes
				procedures for the election and appointment of conservation district
				supervisors by the State Conservation Committee and the state conservation
				districts; the expenditure of funds by the State Conservation Committee for
				works of improvement programs; and compliance with the West Virginia Open
				Governmental Proceedings Act, §
									6-9A-1
et seq
.
1.2. Authority. -- W. Va. Code
				§
									19-21A-4.
1.3. Filing Date.
				-- April 3, 2023
1.4. Effective
				Date. -- April 3, 2023
1.5. Sunset
				Provision. -- This rule shall terminate and have no further force or effect on
				August 1, 2028.
West Virginia Code of State Rules › Agency 63 - Conservation Committee › Title 63 - LEGISLATIVE RULE STATE CONSERVATION COMMITTEE › Series 63-01 - Operation of the West - Virginia State Conservation Committee and Conservation Districts › Section 63-1-2 - Procedure for Appointing, Electing and Removing Conservation District Supervisors

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The
				governing body of a conservation district shall consist of elected and
				appointed supervisors (W. Va. Code §
									19-21A-6).
2.2. Qualifications for elected or appointed
				conservation district supervisors are as follows:
2.2.a. The individual must be a resident and
				landowner in the county in which he or she is running for office or where the
				vacancy has occurred.
2.2.b. The
				individual must have experience in agriculture, as that term is defined in W.
				Va. Code §
										19-21A-3; conservation; or natural resources.
West Virginia Code of State Rules › Agency 63 - Conservation Committee › Title 63 - LEGISLATIVE RULE STATE CONSERVATION COMMITTEE › Series 63-01 - Operation of the West - Virginia State Conservation Committee and Conservation Districts › Section 63-1-3 - Expenditure of Funds by the State Conservation Committee for Works of Improvement Programs

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Policy. The
				following requirements shall govern the expenditure of funds by the State
				Conservation Committee and its administrative office, the West Virginia
				Conservation Agency, for works of improvement programs.
3.1.a. Works of improvement program funds may
				only be used to aid conservation districts, watershed improvement districts, or
				other governing bodies, as defined in W. Va. Code §
										19-21A-3, in meeting
				their obligation of facilitating the planning, construction, operation,
				maintenance, repair, or rehabilitation of watershed protection and flood
				prevention improvement projects.
3.1.b. Works of improvement program funds
				will be made available only when other funds cannot be obtained and shall be
				considered supplemental to the capital resources of sponsoring conservation
				districts, watershed improvement districts, or other governing bodies, as
				defined in W. Va. Code §
										19-21A-3, in cooperative action with the federal
				government, local units of government, and communities involved with approved
				watershed program projects.
West Virginia Code of State Rules › Agency 63 - Conservation Committee › Title 63 - LEGISLATIVE RULE STATE CONSERVATION COMMITTEE › Series 63-01 - Operation of the West - Virginia State Conservation Committee and Conservation Districts › Section 63-1-4 - Procedures for Complying with the West Virginia Open Governmental Proceedings Act

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The State
				Conservation Committee and Conservation Districts are required to comply with
				W. Va. Code §6- 9A-l
et seq.
4.2. Filing in the state register. The time,
				date, and place of all regular and special meetings of the State Conservation
				Committee shall be submitted to the office of the Secretary of State and by
				news release to the media and public at large in accordance with W. Va. Code
				§
									6-9A-1
et seq
.
4.3. Emergency meetings filed with the
				Secretary of State. The emergency meeting notice shall state the date, time,
				place and purpose of the meeting and the facts and circumstances of the
				emergency in accordance with W. Va. Code §
									6-9A-1
et
				seq
.
West Virginia Code of State Rules › Agency 63 - Conservation Committee › Title 63 - LEGISLATIVE RULE STATE CONSERVATION COMMITTEE › Series 63-02 - West Virginia Conservation Agency Financial Assistance Program › Section 63-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. - This rule establishes West
				Virginia Conservation Agency financial assistance programs and procedures for
				West Virginia's elected and appointed Conservation District supervisors to
				participate in the programs without limitations; the transfer of
				decision-making authority to the West Virginia Conservation Agency when a
				supervisor applies for a WVCA financial assistance program; and the public
				notification, disclosure and the appeal of financial assistance program
				decisions to the State Conservation Committee.
1.2. Authority. -- W.Va. Code §19-21
				A-4a.
1.3. Filing Date.
				--
1.4. Effective Date.
				--
West Virginia Code of State Rules › Agency 63 - Conservation Committee › Title 63 - LEGISLATIVE RULE STATE CONSERVATION COMMITTEE › Series 63-02 - West Virginia Conservation Agency Financial Assistance Program › Section 63-2-3 - Financial Assistance Programs

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Conservation Districts shall provide recommendations to the State Conservation
				Committee on local resource concerns, needed conservation practices, financial
				assistance rates and other local priority needs.
3.2 The State Conservation Committee shall
				consider the Conservation Districts' recommendations when developing the annual
				criteria for financial assistance programs.
3.2.a. Conservation Districts shall use the
				State Conservation Committee's approved practice list to generate and submit a
				local priority list to the West Virginia Conservation Agency for approval prior
				to the start of the program year.
West Virginia Code of State Rules › Agency 63 - Conservation Committee › Title 63 - LEGISLATIVE RULE STATE CONSERVATION COMMITTEE › Series 63-02 - West Virginia Conservation Agency Financial Assistance Program › Section 63-2-4 - Financial Reporting

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				Conservation Districts shall, with the assistance of WVCA employees, update and
				maintain the WVCA's financial assistance databases.
4.2. Conservation Districts shall provide
				annual progress reports to the State Conservation Committee by July 31
				detailing how the WVCA's financial assistance programs have benefited the
				districts' soil and water conservation mission.
West Virginia Code of State Rules › Agency 63 - Conservation Committee › Title 63 - LEGISLATIVE RULE STATE CONSERVATION COMMITTEE › Series 63-02 - West Virginia Conservation Agency Financial Assistance Program › Section 63-2-5 - Eligibility for Financial Assistance Programs

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				The State Conservation Committee shall annually approve applicant eligibility
				criteria. At a minimum, an applicant shall:
5.1.a. Be a Conservation District cooperator
				within the district in which the applicant is applying;
5.1.b. Obtain a conservation plan approved in
				the Conservation District in which the applicant's land is located;
5.1.c. Obtain a comprehensive nutrient
				management plan, if applicable. A nutrient management plan's applicability will
				be addressed in the approved program document.
West Virginia Code of State Rules › Agency 63 - Conservation Committee › Title 63 - LEGISLATIVE RULE STATE CONSERVATION COMMITTEE › Series 63-02 - West Virginia Conservation Agency Financial Assistance Program › Section 63-2-6 - Conservation District Supervisor Financial Assistance Applications Filed With the WVCA

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				Conservation district supervisors applying to participate in a WVCA financial
				assistance program shall submit their applications to the WVCA for evaluation,
				approval or rejection.
West Virginia Code of State Rules › Agency 63 - Conservation Committee › Title 63 - LEGISLATIVE RULE STATE CONSERVATION COMMITTEE › Series 63-02 - West Virginia Conservation Agency Financial Assistance Program › Section 63-2-7 - Agricultural Enhancement Program (AgEP)

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				Conservation District cooperators may apply for financial assistance to
				implement Best Management Practices to conserve soil and improve the state's
				waterways that may be affected by sedimentation and/or agricultural
				practices.
West Virginia Code of State Rules › Agency 63 - Conservation Committee › Title 63 - LEGISLATIVE RULE STATE CONSERVATION COMMITTEE › Series 63-02 - West Virginia Conservation Agency Financial Assistance Program › Section 63-2-8 - Stream Bank Stabilization and Restoration Program (SSRP)

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Conservation District cooperators may
				apply for financial assistance to address stream bank stabilization or stream
				blockages affecting their improved property or reducing a waterway's ability to
				pass a 5-year storm event.
8.2. To
				be eligible for financial assistance under SSRP, sites shall:
8.2.a. Be located in the Conservation
				District in which the cooperator is applying for assistance; and
8.2.b. Meet the technical assessment and
				criteria established by the State Conservation Committee.