Senate Bill No. 166
(By Senators Ross, Anderson, Boley,
Buckalew, Grubb and Macnaughtan)
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[Introduced January 29, 1996; referred to the
Committee on Agriculture; and then to
the Committee on the Judiciary.]
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A BILL to amend and reenact section one, article nine,
chapter sixty-four of the code of West Virginia,
one thousand nine hundred thirty-one, as amended,
relating to authorizing the commissioner of
agriculture to promulgate legislative rules
relating to frozen desserts and imitation frozen
desserts.
Be it enacted by the Legislature of West Virginia:
That section one, article nine, chapter sixty-four
of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended and reenacted, to read
as follows:
ARTICLE 9. AUTHORIZATION FOR MISCELLANEOUS AGENCIES AND
BOARDS TO PROMULGATE LEGISLATIVE RULES.
§64-9-1. Commissioner of agriculture.
(a) The legislative rules filed in the state
register on the fifteenth day of August, one thousand
nine hundred ninety-four, authorized under the authority
of section one, article twenty-nine, chapter nineteen, of
this code, modified by the commissioner of agriculture to
meet the objections of the legislative rule-making review
committee and refiled in the state register on the
fourteenth day of October, one thousand nine hundred
ninety-four, relating to the commissioner of agriculture
(West Virginia aquaculture farm rules, 61 CSR 23), are
authorized with the amendments set forth below:
On page 1, section 61-23-1, by striking out section
1.1 and substituting in lieu thereof the following:
"1.1 The Commissioner will inspect aquaculture
production on a voluntary basis for a period of three
years. At the end of this three year period the
Aquaculture Farm Rule shall be reviewed to determine
whether the rule should become mandatory. Aquaculture producers wishing to participate in the voluntary
inspection program must apply in writing to the
Commissioner. Once a producer enters the voluntary
program they will be required to produce fish according
to all of the provisions of this rule for the remaining
portion of the three year period. The inspections will
be conducted on a risk assessment basis with the purpose
of educating farmers and assuring the production of
wholesome, unspoiled and unadulterated fish and fishery
products."
On page 4, section 61-23-3, by striking out section
3.1 and substituting in lieu thereof the following:
"3.1 All producers of fish participating in the
voluntary inspection program outlined in this rule shall
have and implement a written Hazard Analysis Critical
Control Point Plan, approved by the commissioner, for
each location where fish are grown. The commissioner
shall furnish a model Hazard Analysis Critical Control
Point Plan to the producers for them to follow."
On page 5, section 61-23-3, by striking out section
3.4.
On page 6, section 61-23-4, by striking out all of
section 4.6 and substituting in lieu thereof the
following:
"4.6 Septic tanks, home aeration units, vault
privy, or other sewage tanks shall not be located within
50 feet of a well or groundwater supply used as an
aquaculture water source, or aquaculture production areas
in order to prevent fecal and other contamination of
water where fish are raised for human consumption, except
that tanks or other aquaculture production systems with
a barrier preventing possible contamination may be
located closer."
On page 8, section 61-23-7, by striking out section
7.1 and substituting in lieu thereof the following:
"7.1 All fish transported for sale and/or
processing by producers participating in this voluntary
program shall be:"
On page 8, section 61-23-7, by striking out section
7.5 and substituting in lieu thereof the following:
"7.5 All shipments of human food fish to other
producers, wholesalers, retailers, and/or processors required to operate under a HACCP plan shall be
accompanied by a written notification stating that any
and all drugs, feed and color additives, pesticides
and/or medicated feeds have been legally administered and
withdrawal periods have been followed. This notification
shall include the name, address, and telephone number of
the grower; date of sale; and the lot number of fish.
This notification shall be signed by the grower. Except
that:"
On page 8, section 61-23-7, by striking out section
7.5.a. and substituting in lieu thereof the following:
"7.5.a. Shipments of fish to other producers before
the completion of a required withdrawal period shall be
accompanied by a written notification including the name
and dose of the drug, feed, color additive, pesticide,
and/or medicated feed; date administered and length of
required withdrawal period; date of sale; and lot number
of the fish. This notification shall be signed by the
grower."
On page 9, section 61-23-9, by striking out section
9.1 and substituting in lieu the following:
"9.1 It is prohibited to:"
On page 10, section 61-23-10, by striking out
section 61-23-10 in its entirety, and renumbering the
remaining sections.
On page 11, section 61-23-12, by striking out
section 12.1.a and substituting in lieu thereof the
following:
"12.1.a. Enter and inspect, during reasonable
hours, any aquaculture production area participating in
the voluntary inspection program, where fish are
produced, sold, stored, or transported. The inspection
includes, but is not limited to, photographing, video
taping, verifying, copying and auditing computer files,
records and papers relating to the production of fish, as
is necessary to determine compliance with this rule and
to investigate consumer complaints. The inspection also
includes, but is not limited to, photographing, video
taping, observing and verifying the premises, vehicles,
personnel and activities;"
On page 12, section 61-23-12, by striking out
section 12.l.i.
On page 13, section 61-23-13, by striking out
section 13.3.
And,
On page 13, section 61-23-13, by striking out
section 13.4.
(b) The legislative rules filed in the state
register on the twenty-second day of July, one thousand
nine hundred ninety-four, authorized under the authority
of section two, article nine, chapter nineteen, of this
code, modified by the commissioner of agriculture to meet
the objections of the legislative rule-making review
committee and refiled in the state register on the ninth
day of August, one thousand nine hundred ninety-four,
relating to the commissioner of agriculture (animal
disease control, 61 CSR 1), are authorized.
(c) The legislative rules filed in the state
register on the fifteenth day of August, one thousand
nine hundred ninety-four, authorized under the authority
of section four, article twenty-nine, chapter nineteen,
of this code, modified by the commissioner of agriculture
to meet the objections of the legislative rule-making review committee and refiled in the state register on the
eleventh day of October, one thousand nine hundred
ninety-four, relating to the commissioner of agriculture
(inspection of nontraditional, domesticated animals, 61
CSR 23D), are authorized.
(d) The legislative rules filed in the state
register on the fifteenth day of August, one thousand
nine hundred ninety-four, authorized under the authority
of section ten, article eleven-a, chapter nineteen, of
this code, modified by the commissioner of agriculture to
meet the objections of the legislative rule-making review
committee and refiled in the state register on the
fourteenth day of October, one thousand nine hundred
ninety-four, relating to the commissioner of agriculture
(labeling of dairy products for rBST or rBGH, 61 CSR 4D),
are authorized.
(e) The legislative rules filed in the state
register on the fifteenth day of August, one thousand
nine hundred ninety-four, authorized under the authority
of section one, article twenty-nine, chapter nineteen, of
this code, modified by the commissioner of agriculture to meet the objections of the legislative rule-making review
committee and refiled in the state register on the
fourteenth day of October, one thousand nine hundred
ninety-four, relating to the commissioner of agriculture
(West Virginia fish processing rules, 61 CSR 23D 23A),
are authorized.
(f) The legislative rules filed in the state
register on the thirty-first day of July, one thousand
nine hundred ninety-five, authorized under the authority
of section ten, article eleven-b, chapter nineteen, of
this code, modified by the commissioner of agriculture to
meet the objections of the legislative rule-making review
committee and refiled in the state register on the
twentieth day of December, one thousand nine hundred
ninety-five, relating to the commissioner of agriculture
(frozen desserts and imitation frozen desserts, 61 CSR
4B), are authorized.
NOTE: The purpose of this bill is to authorize the
Commissioner of Agriculture to promulgate legislative
rules relating to the frozen desserts and imitation
frozen desserts.
Strike-throughs indicate language that would be
stricken from the present law, and underscoring indicates
new language that would be added.