COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 219
(By Senators Anderson, Ross, Sharpe, Bailey, Schoonover, Love,
Dittmar, Kessler and Ball)
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[Originating in the Committee on Agriculture;
reported February 9, 1999.]
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A BILL to amend and reenact section eleven, article two-b,
chapter nineteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to the
inspection of meat and poultry; authorizing the commissioner
of agriculture to assess civil penalties against
slaughterers, processors and distributors for violations of
this article; providing for recording of liens; permitting
commissioner to settle cases; and limiting recovery of
damages against the state.
Be it enacted by the Legislature of West Virginia:
That section eleven, article two-b, chapter nineteen of the
code of West Virginia, one thousand nine hundred thirty-one, 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 shall be is guilty of a misdemeanor and, upon conviction
thereof, shall for the first offense be fined not less than two
hundred nor more than one thousand dollars and upon conviction of
each subsequent offense shall be fined not less than four hundred
nor more than two thousand dollars.
(b)(2) If such 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, such a the person shall be is guilty of a
misdemeanor, and upon conviction thereof, shall be fined not less
than five thousand dollars nor more than ten thousand dollars
upon conviction of each offense.
(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 recur.
(2) The commissioner may assess a penalty of not more than
five hundred dollars for a first violation and not more than one
thousand dollars for each subsequent violation.
(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.
(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 if the court finds, as a matter of
law, that there was probable cause for such action.
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(NOTE: The purpose of this bill is to authorize the
Agriculture Commissioner to assess civil penalties against
slaughterers, processors and distributors for violations of the
Meat and Poultry Inspection laws.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.)
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FINANCE COMMITTEE AMENDMENT
SB219 S FIN AM #1
The Committee on Finance moved to amend the bill oOn page three___, section eleven, line twenty-two___, after the word
"placed." by inserting the following: All penalties, together
with any interest, collected by the state, pursuant to this
subsection, shall be deposited in the general revenue fund.
Adopted
Rejected