§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-1. Purpose and Scope
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 […]
§19-11E-2. Definitions
“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 […]
§19-11E-3. Department to Regulate Milk and Milk Products
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 […]