§19-14-16. Deviations and Penalties
(a) The commissioner is authorized to adopt regulations establishing permitted analytical variation and providing for reasonable deviation from the guaranteed analysis. (b) If the analysis of a sample shows a deviation from permitted analytical variation established by the commissioner, the guarantor or other responsible person shall be penalized as established by legislative rule. (c) Penalties […]
§19-14-11. Misbranding
Commercial feed shall be deemed to be misbranded: (1) If its label or labeling is false or misleading;
§19-14-12. Embargoes; Condemnation and Confiscation; Injunctions
(a) Embargo orders. (1) When the commissioner has reasonable cause to believe any lot of commercial feed is being manufactured, distributed, offered for sale, exposed for sale, or used in this state in violation of the provisions of this article or any rule promulgated hereunder, then he or she may issue and enforce a written […]
§19-14-13. Confidentiality of Trade Secrets
The commissioner may not make public any information which contains or relates to trade secrets, acquired under the authority of this article, concerning any methods, formulas, processes, sales, or distribution information: Provided, That the commissioner may exchange information of a regulatory nature with duly appointed officials of the United States Government, of other states, or […]
§19-14-14. Prohibited Acts
It shall be unlawful: (a) To manufacture or distribute any commercial feed that is adulterated or misbranded. (b) To adulterate or misbrand any commercial feed. (c) To distribute, use, remove, or dispose of commercial feed in violation of an embargo order, or condemnation and confiscation order provided for under this article. (d) To manufacture, distribute, […]
§19-14-15. Penalties
(a) Criminal penalties. — Any person violating any of the provisions of this article 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 each subsequent offense, shall be fined not less than $500 nor more than $1,000, or […]
§19-14-1. Title
This article shall be known as the “West Virginia Commercial Feed Law.”
§19-14-2. Definitions
(a) “Brand name” means any word, name, symbol or device, or any combination thereof, identifying the commercial feed of a distributor, guarantor, or manufacturer and distinguishing it from all others. (b) “Bulk” refers to commercial feed or feed ingredients distributed in nonpackaged form where a label cannot be attached and accompanied by an invoice or […]
§19-14-3. Powers and Duties of the Commissioner
The commissioner has the power and authority to: (1) Enter and inspect, during reasonable hours, any location where commercial feed is manufactured, distributed, transported, or used, and where records relating to the manufacture, distribution, shipment, labeling, or sale of commercial feed are kept. Such inspection may include, but is not limited to, examining, photographing, verifying, […]
§19-14-4. Special Revenue Fund
Except as otherwise provided in this article, all fees and penalties collected under the provisions of this article shall be deposited with the state Treasurer in a special revenue account. Such moneys shall be expended by the commissioner of agriculture for inspection, sampling, analysis, and other expenses necessary for the administration of this article.