In 2018, the Legislature created the Joint Task Force on Milk Rules and Regulations in response to concerns about current regulation of the dairy industry in West Virginia. The Joint Task Force heard from, and collected data and other information from, dairy farmers, industry representatives, and regulators from West Virginia, other states, and the federal […]
(a) The commissioner may deny any application for a permit, license, or certificate whenever the permit, license, or certificate has been applied for fraudulently, the applicant has grossly interfered with the duties of the commissioner, the applicant is determined to be not in compliance with or not able to comply with this article, or the […]
(a) Any person aggrieved by any action taken under this article shall have 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 testimony and evidence at a hearing shall be recorded by mechanical means, […]
(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 than $500 nor more than $1,000, […]
All fees, penalties, or other moneys collected by the commissioner under the provisions of this article shall be paid into the Department of Agricultures fees account.
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.
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 provisions of this article, this information may be revealed, subject to a protective order, to any […]
(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 milk products, recommendations with respect to changes in statutes and […]
(a) Effective July 1, 2019, authority for the regulation, including enforcement, of Grade “A” milk is hereby transferred to the commissioner from the Department of Health and Human Resources. (b) Prior to July 1, 2019, the commissioner and the Department of Health and Human Resources shall enter into an agreement to provide for the orderly […]
“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. “Commissioner” means the Commissioner of Agriculture of the State of West […]
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 facilities, inspection of facilities making single-use containers for dairy products, collection and testing […]
(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 station, transfer station, bulk tank unit, and milk tank truck cleaning facility. […]
(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 reasonably necessary by the commissioner for the administration of this article. (c) Licenses shall […]
(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 English. (b) 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;
The commissioner has the power and duty to: (1) Propose rules for legislative approval in accordance with §29A-3-1 et seq. of this code, including adopting with any necessary modifications the Grade “A” Pasteurized Milk Ordinance promulgated by the Food and Drug Administration;
No person may: (1) Have in his or her possession with the intent to sell, transport, or manufacture any milk which is adulterated within the meaning of this article;
