H. B. 4599
(By Delegates Beach, Williams,
Willis, Evans and Leggett)
[Introduced February 27, 1998; referred to the
Committee on Agriculture and Natural Resources then Finance.]
A BILL to amend article eleven, chapter nineteen of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto two new sections, designated
sections sixteen and seventeen, relating to milk inspection;
creating the office of milk inspector; enumerating powers
and duties; creating the criminal offense of failing to
enforce lawful orders and embargo of the commissioner;
Be it enacted by the Legislature of West Virginia:
That article eleven, chapter nineteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto two new sections, designated sections
sixteen and seventeen, to read as follows:
ARTICLE 11. BULK MILK TRADE LAW.
§19-11-16. Inspectors of milk facilities.
The commissioner may appoint, at different points in the
state, inspectors to examine and inspect any of the dairy plants,
receiving stations, transfer stations, transport tanks, farms or
other facilities enumerated in this article with authority to
issue certificates of inspection in the name of the state
department of agriculture in such form as the commissioner may
prescribe. Such inspectors shall be registered with the
commissioner, and the appointment of any such inspector may, at
any time, be revoked by the commissioner. The commissioner is
authorized to appoint up to five additional inspectors, as the
commissioner sees fit and necessary to carry out the purpose and
duties of this section.
It shall be the duty of the inspector to examine and inspect
such facilities as directed by the commissioner and to issue and
deliver to such owner a certificate of inspection showing the
results of such examination and inspection.
§19-11-17. Persons authorized to enter premises; powers thereof;
refusal to enforce orders of commissioner.
The commissioner, the inspectors and their duly appointed
and authorized assistants or employees, in the performance of
their duties under this article and the rules adopted by the
commissioner, shall have the powers enumerated in section nine of
this article. They shall have the same powers and protection as
other peace officers of this state, and shall have power and authority to require all sheriffs and their deputies, constables,
mayors of cities and towns and state and municipal police
officers to assist them in carrying out the provisions of this
article and the rules adopted thereunder. Any officer who fails
or refuses to enforce the lawful orders and embargo of the
commissioner or anyone acting under him or her in the proper
execution of the powers conferred by this article is guilty of a
misdemeanor and, upon conviction thereof, shall be fined not less
than twenty-five nor more than two hundred dollars.
NOTE: The purpose of this bill is to provide for the
appointment of milk inspectors and the powers thereof, and to
create the criminal offense of failure to enforce the lawful
orders and embargo of the commissioner and impose penalties
Sections sixteen and seventeen are new; therefore,
strike-throughs and underscoring have been omitted.