§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 […]
§19-14-16. 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 […]
§19-14-9. Tonnage Reports; Inspection Fees
(a) Each person holding a Commercial Feed Manufacturing Permit or a Commercial Feed Guarantor Permit, except those persons exclusively manufacturing pet food or specialty pet food, shall report the number of tons of commercial feed distributed and pay an inspection fee on all feed distributed, except no inspection fee shall be due on: (1) Commercial […]
§19-14-10. Adulteration
Commercial feed or feed ingredients is adulterated: (1) If it bears or contains any poisonous or deleterious substance, which may render it injurious to health; unless the substance is not an added substance, in which case such commercial feed shall not be considered adulterated under this subsection if the quantity of such substance in such […]
§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 […]