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Introduced Version Senate Bill 479 History

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Senate Bill No. 479

(By Senators Kessler (Mr. President), Jenkins, Stollings and Yost)

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[Introduced February 1, 2012; referred to the Committee on Agriculture; and then to the Committee on the Judiciary.]

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A BILL to amend and reenact §19-14-5 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §19-20C-1, §19-20C-2, §19-20C-3, §19-20C-4 and §19-20C-5, all relating to creating and funding the Spay Neuter Assistance Fund; defining the purposes of the fund; requiring bookkeeping standards and annual reporting; and increasing certain commercial and pet feed registration fees.

Be it enacted by the Legislature of West Virginia:

    That §19-14-5 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that said code be amended by adding thereto a new article, designated §19-20C-1, §19-20C-2, §19-20C-3, §19-20C-4 and §19-20C-5, all to read as follows:

ARTICLE 14. WEST VIRGINIA COMMERCIAL FEED LAW.

§19-14-5. Permits; registration.

    (a) Permits and registrations shall not be are not transferrable with respect to persons or locations.

    (b) A person must apply for a permit or registration at least fifteen days prior to before the expiration of the current permit or registration expires; or at least fifteen days prior to before the date that the person intends to engage in business or market products in this state. All applications shall be accompanied by the fee established in this section. A penalty of $2 as provided by rule of the Department of Agriculture shall be added to the fee for all permits or registrations that are not applied for or renewed within the time limit.

    (c) Persons manufacturing commercial feed or customer-formula feed in this state must obtain a Commercial Feed Manufacturing Permit, except all persons manufacturing feed for only his/her his or her animals on his/her his or her premises. Application forms shall be provided by the commissioner and include such information as established by rules. A separate permit shall be obtained for each manufacturing facility or location in this state. Each Commercial Feed Manufacturing Permit application shall be accompanied by an application fee of $15. Each permit issued shall expire expires on December 31 next following the date of issue.

    (d) Each person first distributing commercial feed into West Virginia trade channels must obtain a Commercial Feed Distributor Permit, except: (1) Persons distributing pet food exclusively, (2) persons holding a valid Commercial Feed Manufacturing Permit, and (3) persons distributing only those feeds that they register. Application forms shall be provided by the commissioner and include such information as established by rules. Each Commercial Feed Distributor Permit application shall be accompanied by an application fee of $10. Each permit issued shall expire expires on December 31 next following the date of issue.

    (e) All commercial feed distributed or used in this state, except customer-formula feed, must be registered. Commercial feed that can be uniquely identified by its brand name, product name, physical form or other descriptive term shall be registered as a separate product. Commercial feed that is packaged in such weights as to apply to several categories shall be registered in each applicable category. Application forms shall be provided by the commissioner and include such information as established by rules.

    (1) Commercial feed, other than pet food, in packages over ten pounds or bulk shall be registered permanently. A registration fee of $10 per product shall accompany each application for registration, except that there will be no fee for a revision of a commercial feed already on file that involves a change in the net weight, a change in the list of ingredients, and/or a change in the guarantee for vitamins or minerals.

    (2) On August 31, 1991, permanent registrations for pet food in packages over ten pounds are void and application for registration and payment of fees will be required. Pet food, including specialty pet foods, in packages over ten pounds or bulk shall be registered annually. A registration fee of $50 $75 per product shall accompany each application for registration and $25 of the registration shall be deposited in the Spay Neuter Assistance Fund created by section one, article ten twenty-c of this chapter. The registration shall expire expires on August 31 next following the date of issue.

    (3) Commercial feed, excluding specialty pet food in packages of one pound or less, in packages of ten pounds and under shall be registered annually. A registration fee of $40 $50 per product shall accompany each application for registration and $10 of the registration shall be deposited in the Spay Neuter Assistance Fund created by section one, article twenty-c of this chapter. The registration shall expire expires on December 31 next following the date of issue.

    (4) Specialty pet food, in packages of one pound or less shall be registered annually. A registration fee of $20 per product shall accompany each application for registration. The registration shall expire expires on December 31 next following the date of issue.

    (f) A person is not required to register any brand name or product name of commercial feed which is already registered by another person.

    (g) Alteration of commercial feed that changes the label requires a new application for a Commercial Feed Registration be made and approved before distribution.

ARTICLE 20C. SPAY NEUTER ASSISTANCE FUND.

§19-20C-1. Fund created; administration of funds.

    (a) There is created in the State Treasury a special revenue account to be designated the “Spay Neuter Assistance Fund” which shall be an interest-bearing account that may be invested and retain all earnings.

    (b) All moneys received and collected pursuant to this article shall be deposited into the “Spay Neuter Assistance Fund”. Expenditures from the fund shall be exclusively for the purposes set forth in this article.

    (c) Nothing in this article may be construed to mandate additional funding to the Spay Neuter Assistance Fund or to require any additional appropriations by the Legislature.

§19-20C-2. Purpose of fund.

    The purposes of the fund is to provide funding to the Spay Neuter Assistance Program of West Virginia, Inc., a 26 U.S.C. §501(c)(3) nonprofit corporation. All moneys shall be used by the Spay Neuter Assistance Program of West Virginia, Inc. for the purpose of funding spay neuter programs throughout West Virginia in order to decrease the number of animals euthanized in West Virginia animal shelters.

§19-20C-3. Contents of fund.

    The fund consists of moneys from specific statutory references in this article, gifts, donations and any additional appropriations by the Legislature.

§19-20C-4. Records and annual report.

    The Spay Neuter Assistance Program of West Virginia, Inc. shall maintain a separate checking account and separate bookkeeping procedure for all moneys received from the fund. The Spay Neuter Assistance Program of West Virginia, Inc. shall file an annual report with the Department of Agriculture no later than January 31 of each year detailing expenditures of all money from the fund during the previous calendar year.

§19-20C-5. Commercial feed fees.

    As stated in section five, article fourteen of this chapter, certain commercial feed registration fees shall be deposited into the Spay Neuter Assistance Fund created in section one of this article.


 

    NOTE: The purpose of this bill is to create and fund the Spay Neuter Assistance Fund. The bill defines the purposes of the fund and requires bookkeeping standards and annual reporting. The bill also increases certain commercial and pet feed registration fees.


    Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.


    Article 20C is new; therefore, strike-throughs and underscoring have been omitted.

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