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Home » US Law » 2022 West Virginia Code » Chapter 19. Agriculture » Article 11A. Dairy Products and Imitation Dairy Products Law

§19-11A-1. Purpose

Advances in food technology have resulted in the development of a variety of products of similar usage as standardized dairy products that are so similar in appearance, odor and taste that they are difficult to differentiate from dairy products. Therefore, it is the purpose of this article to regulate these products in addition to dairy […]

§19-11A-10. Powers and Duties of Commissioner

The commissioner has the power and duty to: (a) Adopt, promulgate and enforce rules to carry out the purpose of this article, including establishing definitions and standards of quality and identity for dairy products and imitation dairy products; (b) Have access to and enter at all reasonable times all places where dairy products or imitation […]

§19-11A-11. Suspension, Revocation or Denial of Permits

(a) The commissioner may deny any application for a permit whenever said permit has been applied for fraudulently, the applicant has grossly interfered with the duties of the commissioner, or the applicant is determined to be not in compliance with or not able to comply with this article. (b) The commissioner may suspend a permit […]

§19-11A-12. Hearings and Appeals

(a) Any person aggrieved by any action taken under this article shall be afforded the opportunity for a hearing before the commissioner under 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, […]

§19-11A-13. Criminal Penalties; Civil Penalties; Negotiated Agreement

(a) Criminal penalties. — Any person violating any provision of this article or rule 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 […]

§19-11A-14. Payment of Fees

All fees, penalties or other moneys collected by the commissioner under the provisions of this article shall be paid into a special account and expended upon the order of the commissioner for the purpose of the enforcement and administration of this article.

§19-11A-15. 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 associations in order to carry out the purpose and provisions of this article.

§19-11A-16. 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 the information is necessary to carry out the provisions of this article, this information may be revealed, subject to a protective order, to any federal, […]

§19-11A-2. Definitions

(a) "Adulterated" means dairy products or imitation dairy products meeting one or several of the conditions listed in section five of this article. (b) "Approved laboratory" means a laboratory approved by the commissioner under section nine of this article. (c) "Cheese" means blue, cheddar, cottage, cream, edam, gouda, gruyere, limburger, monterey jack, mozzarella, muenster, neufchatel, […]

§19-11A-3. Permits

(a) Permits are not transferable with respect to persons or locations. (b) Application for all permits shall be made on forms supplied by the commissioner and shall provide such information as may be considered necessary by the commissioner. (c) Permits shall be posted prominently at the place of operation. (d) A dairy products distributors permit […]

§19-11A-4. Labeling

(a) All packages of dairy products or imitation dairy products shall have a label upon or affixed to the package. The label shall be legible and of a print size and style easily readable by the ordinary citizen. The information required in this section shall be on each label and shall be stated in English. […]

§19-11A-5. Adulteration

Any dairy product or imitation dairy product referred to in this article is considered adulterated within the meaning of this article if it: (a) Bears or contains any poisonous or deleterious substance or compound in a quantity which may render it injurious to health; (b) Contains any coloring substance or flavoring matter that may be […]

§19-11A-6. Misbranded

Any dairy product or imitation dairy product referred to in this article is considered misbranded within the meaning of this article if: (a) It is labeled as a product for which there is a standard established by this article and it does not conform to such standards; (b) Its label or labeling is false or […]

§19-11A-7. Prohibited Acts

(a) No person may distribute, sell, offer for sale, hold for sale or have in his possession with the intent to sell any dairy product or imitation dairy product which is adulterated or misbranded within the meaning of this article. (b) No person may interfere with or prohibit the commissioner from performing the duties of […]

§19-11A-8. Approved Sampling and Testing Methods

(a) All sampling and testing methods shall be those set forth in the fifteenth edition of and supplement to the Official Methods of Analysis of the Association of Official Analytical Chemists, published by the Association of Official Analytical Chemists; or the fifteenth edition of the Standard Methods for the Examination of Dairy Products, published by […]

§19-11A-9. Approved Laboratories

(a) Each person who desires to have his laboratory approved by the commissioner for testing official dairy product or imitation dairy product samples as herein provided shall first satisfy the commissioner that tests to be made in such laboratory shall be conducted by qualified persons, with adequate facilities and that such tests are performed accurately […]