Chapter 19, Chapter 19

(a) Any person aggrieved by any action taken under this article shall be afforded the opportunity for a hearing before the commissioner under the rules promulgated by the commissioner. (b) Hearings shall be conducted according to procedures set forth by rule. (c) All the testimon…

(a) Any person violating any provision of this article or rules adopted hereunder is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100 nor more than $500 for the first offense, and for the second or subsequent offense shall be fined not less …

(a) Any person aggrieved by any action taken under this article shall be afforded the opportunity for a hearing before the commissioner under the rules promulgated by the commissioner. (b) Hearings shall be conducted in accordance with procedures set forth by rule. (c) All the te…

(a) Any person aggrieved by any action taken under this article shall be afforded the opportunity for a hearing before the commissioner under rules promulgated by the commissioner. (b) Hearings shall be conducted according to procedures set forth by rule. (c) All the testimony an…

(a) Criminal penalties. -- Any person violating any provision of this article or rules adopted hereunder is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than $100 nor more than $500 for the first offense, and for the second or subsequent offense …

(a) Criminal penalties. -- Any person violating any provision of this article or rule adopted hereunder is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than $100 nor more than $500 for the first offense, and for the second or subsequent offense, …

(a) Criminal penalties. -- Any person violating any provision of this article or rule adopted hereunder is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than $100 nor more than $500 for the first offense, and for the second or subsequent offense, …

All fees, penalties, or other moneys collected by the commissioner under the provisions of this article shall be paid into the Department of Agriculture’s fees account.

All fees, penalties or other moneys collected by the commissioner under the provisions of this article shall be paid into a special account and expended upon the order of the commissioner for the purpose of the enforcement and administration of this article.

The commissioner may cooperate with and enter into agreements with governmental agencies of this state, other states, agencies of the federal government, agencies of foreign governments, and private entities in order to carry out the purpose and provisions of this article.

All fees, penalties or other moneys collected by the commissioner under the provisions of this article shall be paid into a special account and expended upon the order of the commissioner for the purpose of the enforcement and administration of this article.

All fees, penalties or other moneys collected by the commissioner under the provisions of this article shall be paid into a special account and expended upon the order of the commissioner for the purpose of the enforcement and administration of this article.

The commissioner may cooperate with and enter into agreements with governmental agencies of this state, other states, agencies of the federal government, agencies of foreign governments, and private associations in order to carry out the purpose and provisions of this article.

The commissioner may not make public information which contains or relates to trade secrets, commercial, or financial information obtained from a person, or privileged or confidential information: Provided, That when revealing the information is necessary to carry out the provisi…

The commissioner may cooperate with and enter into agreements with governmental agencies of this state, other states, agencies of the federal government, agencies of foreign governments and private associations in order to carry out the purpose and provisions of this article.

The commissioner may cooperate with and enter into agreements with governmental agencies of this state, other states, agencies of the federal government, agencies of foreign governments, and private associations in order to carry out the purpose and provisions of this article.

The commissioner may not make public information which contains or relates to trade secrets, commercial or financial information obtained from a person or privileged or confidential information: Provided, That when revealing the information is necessary to carry out the provision…

(a) The commissioner shall establish a Dairy Advisory Board within the Department of Agriculture. The purpose of that board is to advise the commissioner with respect to the status of the dairy industry in West Virginia, obstacles to manufacture, processing, and sale of milk and …

The commissioner may not make public information which contains or relates to trade secrets, commercial or financial information obtained from a person or privileged or confidential information: Provided, That when the information is necessary to carry out the provisions of this …

The commissioner may not make public information which contains or relates to trade secrets, commercial or financial information obtained from a person or privileged or confidential information: Provided, That when the information is necessary to carry out the provisions of this …

(a) Effective July 1, 2019, authority for the regulation, including enforcement, of Grade "A" milk is transferred to the commissioner from the Department of Health. (b) Prior to July 1, 2019, the commissioner and the Department of Health shall enter into an agreement to provide f…

(a) "Adulterated" means dairy products or imitation dairy products meeting one or several of the conditions listed in section five of this article. (b) "Approved laboratory" means a laboratory approved by the commissioner under section nine of this article. (c) "Cheese" means blu…

(a) "Adulterated" means milk or the products manufactured from milk meeting one or several of the conditions listed in section seven of this article. (b) "Certified tester" means any person who has passed an examination in milk testing, weighing and sampling conducted by the comm…

(a) "Adulterated" means frozen desserts or imitation frozen desserts meeting one or several of the conditions listed in section five of this article. (b) "Approved laboratory" means a laboratory approved by the commissioner under section nine of this article. (c) "Clean" means th…

"Adulterated" means milk or the products manufactured from milk meeting one or several of the conditions listed in §19-11E-7 of this code. "Clean" means the condition where no residue remains on a surface that will, or is likely to, cause adulteration or other contamination. "Com…

(a) In order for cheese production to fall within the exemption created in section two of this article, all of the following criteria must apply: (1) The cheese must be manufactured at a home or farm-based site using either raw milk from West Virginia cows, production of which is…

The compact administrator of this state is the commissioner of agriculture. The duties of the compact administrator are deemed a regular part of the duties of his office.

(a) A "permit for the purchase of milk" shall be issued by the commissioner to each place of operation of each person receiving or buying milk on the basis of the components in the product or weight or measure regardless of the method of settlement, except that transfer stations …

Effective July 1, 2019, the Department of Agriculture shall be responsible for regulating all matters addressed in the Grade "A" Pasteurized Milk Ordinance issued by the federal Food and Drug Administration. This includes, but is not limited to, inspection of milk production faci…

The manufacture of cheese products described in section two of this article is exempt from: (a) Pasteurization, packaging, labeling and all other health related requirements established in this code or rules promulgated by the division of health; and (b) regulatory control by the…

There shall be five delegates from this state to the compact commission, and these delegates shall be appointed by the commissioner of agriculture. At least one of the delegates shall be a dairy farmer who is engaged in the production of milk at the time of appointment or reappoi…

(a) A "frozen desserts manufacturer permit" shall be issued to each manufacturer of frozen desserts or imitation frozen desserts. Permits shall be issued for each place of operation and shall not be transferable with respect to persons or locations. The permit may be applied to t…

(a) Permits are not transferable with respect to persons or locations. (b) Application for all permits shall be made on forms supplied by the commissioner and shall provide such information as may be considered necessary by the commissioner. (c) Permits shall be posted prominentl…

(a) A person may not sell milk, milk products, or manufactured dairy products within this state without having a current, valid permit from the Commissioner of Agriculture. (b) A separate permit shall be obtained for each milk plant, milk producer, milk distributor, receiving sta…

This article shall become effective at such time as a majority of the contiguous states have passed legislation permitting that state to become a participating state and the consent of Congress has been obtained.

(a) All packages of frozen desserts or imitation frozen desserts shall have a label upon or affixed to the package. The label shall be legible and of a print size and style easily readable by the ordinary citizen. The information required in this section shall be on each label an…

(a) All packages of dairy products or imitation dairy products shall have a label upon or affixed to the package. The label shall be legible and of a print size and style easily readable by the ordinary citizen. The information required in this section shall be on each label and …

(a) Certificates of proficiency shall be issued by the commissioner to individuals who successfully pass an examination given under the terms of this article. (b) Persons requesting an examination shall pay an examination fee of $15 at the time of the request. Requests for certif…

(a) Licenses shall be issued by the commissioner to certified inspectors of milk production facilities. Licenses are not transferable. (b) Applications for licenses shall be made on forms supplied by the commissioner and shall provide such information as may be considered reasona…

Any frozen dessert or imitation frozen dessert referred to in this article is considered adulterated within the meaning of this article if it: (a) Bears or contains any poisonous or deleterious substance or compound in a quantity which may render it injurious to health; (b) Conta…

Any dairy product or imitation dairy product referred to in this article is considered adulterated within the meaning of this article if it: (a) Bears or contains any poisonous or deleterious substance or compound in a quantity which may render it injurious to health; (b) Contain…

(a) Licenses shall be issued by the commissioner to certified testers, certified weighers and samplers and to laboratories performing tests for the components of milk. Licenses are not transferable. (b) Licenses shall expire on June 30 following date of issue: Provided, That weig…

(a) All packages of milk or milk products shall have a label upon or affixed to the package. The label shall be legible and of a print size and style easily readable by the ordinary citizen. The information required in this section shall be on each label and shall be stated in En…

Any frozen dessert or imitation frozen dessert referred to in this article is considered misbranded within the meaning of this article if: (a) It is labeled as a product for which there is a standard established by this article and it does not conform to such standards; (b) Its l…

Any dairy product or imitation dairy product referred to in this article is considered misbranded within the meaning of this article if: (a) It is labeled as a product for which there is a standard established by this article and it does not conform to such standards; (b) Its lab…

(a) No determination of the weight or measure of milk may be made from a milk producer's tank that is not properly calibrated and level. (b) No determination of the weight of milk in a transport tank may be made with a device that is not accurate. (c) Each person obtaining a samp…

(a) No person may distribute, sell, offer for sale, hold for sale or have in his possession with the intent to sell any dairy product or imitation dairy product which is adulterated or misbranded within the meaning of this article. (b) No person may interfere with or prohibit the…

Any milk or any milk products are considered adulterated within the meaning of this article if: (1) They bear or contain any poisonous or deleterious substance or compound in a quantity which may render it injurious to health; (2) They bear or contain any added poisonous or delet…

(a) No person may distribute, sell, offer for sale, hold for sale or have in his possession with the intent to sell any frozen dessert or imitation frozen dessert which is adulterated or misbranded within the meaning of this article. (b) No person may interfere with or prohibit t…

Any milk or any milk products are considered adulterated within the meaning of this article if: (a) They bear or contain any poisonous or deleterious substance or compound in a quantity which may render it injurious to health; (b) They bear or contain any added poisonous or delet…