House Bill 3035 History
H. B. 3035
(By Delegate Skinner)
[Introduced March 21, 2013; referred to the
Committee on Agriculture then the Judiciary.]
A BILL to amend and reenact §19-2B-11 of the Code of West Virginia,
1931, as amended, relating to providing a civil penalty of not
more than $10,000 per each unit of a meat or poultry product
knowingly sold, or offered for sale or distribution, with
product labeling that incorrectly identifies the source animal
or animals from which the product is derived.
Be it enacted by the Legislature of West Virginia:
That §19-2B-11 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2B. INSPECTION OF MEAT AND POULTRY.
§19-2B-11. Criminal penalties; civil penalties.
(a) Criminal penalties.
(1) Any person who violates any of the provisions of this
article is guilty of a misdemeanor and, upon conviction thereof, shall for the first offense be fined not less than $200 nor more
than $1,000 and upon conviction of each subsequent offense shall be
fined not less than $400 nor more than $2,000.
(2) If a person knowingly sells, offers for sale or
distribution, or attempts to sell, offers for sale or distribution
of a carcass, meat product or poultry product that is contaminated
with pathogenic microorganisms or otherwise adulterated, the person
is guilty of a misdemeanor and, upon conviction thereof, shall be
fined not less than $5,000 nor more than $10,000 upon conviction of
(b) Civil penalties.
(1) Any slaughterer, processor or distributor who violates any
of the provisions of this article or regulations adopted hereunder
may be assessed a civil penalty by the commissioner. In
determining the amount of any civil penalty, the commissioner shall
give due consideration to the history of previous violations; the
seriousness of the violation, including any hazards to the health
and safety of the public; and the demonstrated good faith efforts
by the charged party to ensure that similar violations do not
(2) The commissioner may assess a penalty of not more than
$500 for a first violation and not more than $1,000 for each
(3) The civil penalty is payable to the State of West Virginia and may be collected in any manner for collection of debt to the
state. If a person assessed a civil penalty pursuant to this
subsection neglects or refuses to pay, the amount of that penalty,
together with interest calculated at ten percent per annum, may be
filed as a lien in favor of the state upon any and all property of
the person, both real and personal. The lien shall be recorded in
the records kept in the office of the county clerk in the county
wherein the violation occurred. The county clerk in the recording
county shall enter the same to record without requiring payment of
recording fees as a condition precedent to the recording. A notice
of the lien shall be mailed or delivered to the person against
whose property the lien has been placed. All penalties, together
with any interest, collected by the state, pursuant to this
subsection, shall be deposited in the General Revenue Fund.
(4) Notwithstanding any other provision of the law to the
contrary, the commissioner may enter into consent agreements or
negotiated settlement agreements for the civil penalties assessed
pursuant to this subsection.
(5) No state court may allow the recovery of damages for
administrative action taken by the commissioner if the court finds,
as a matter of law, that there was probable cause for such action.
(6) Any person who knowingly sells, or offers for sale or
distribution, a meat product or poultry product with product
labeling that incorrectly identifies the source animal or animals from which the product is derived shall be assessed a civil penalty
of not more than $10,000 per each unit of the product that is sold
or offered for sale or distribution.
NOTE: The purpose of this bill is to provide a civil penalty
of not more $10,000 per each unit of a meat or poultry product
knowingly sold, or offered for sale or distribution, with product
labeling that incorrectly identifies the source animal or animals
from which the product is derived.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would