§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.
§19-11E-4. Milk Producer Permits
(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. […]
§19-11E-5. Licenses
(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 […]
§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 […]