§19-11E-14. Cooperation With Other Entities
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.
§19-11E-15. Confidentiality of Trade Secrets
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 […]
§19-11E-16. Dairy Advisory Board
(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 […]
§19-11E-17. Transfer of Milk Regulation Authority From Department of Health and Human Resources to Department of Agriculture
(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 […]
§19-11E-8. Authority and Duties of the Commissioner
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;
§19-11E-9. Prohibited Acts
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;
§19-11E-10. Suspension, Revocation, or Denial of Permits or Licenses
(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 […]
§19-11E-11. Hearings and Appeals
(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, […]
§19-11E-12. Criminal Penalties; Civil Penalties; Negotiated Agreements
(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, […]
§19-11E-13. Payment of Fees
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.