H. B. 2384
(By Delegates Doyle and Manuel)
[Introduced January 26, 1999; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section seven, article two, chapter
nineteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to agriculture;
marketing agricultural products; prohibiting the sale of
damaged containers or canned goods "as is" or for less than
one half of the usual retail price; and imposing a fine for
knowingly displaying damaged goods with undamaged goods.
Be it enacted by the Legislature of West Virginia:
That section seven, article two, 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 2. MARKETING AGRICULTURAL PRODUCTS.
§19-2-7. Prohibited sales.
(a) It shall be is unlawful for any person to sell, offer, or expose for sale, or exchange or have in his or her possession
with intent to sell, offer or expose for sale or exchange
any agricultural product in this state which is:
(1) Infected with any contagious or communicable disease; or
(2) Which consists, in whole or in part, of any filthy,
putrid or decomposed substance; or
(3) Which has been prepared, packed, or held under
unsanitary conditions whereby it may have become contaminated or
rendered injurious to health; or
(4) If it or its container is composed, in whole or in part,
of any poisonous or deleterious substance injurious to health; or
(5) If any valuable constituent has been, in whole or in
part, omitted or abstracted therefrom; or
(6) If any substance has been substituted wholly or in part
therefor; or
(7) If damage or inferiority has been concealed in any
manner; or
(8) If its labeling is false or misleading; or
(9) If it is offered for sale under the name of another
food; or
(10) If it is an imitation of another food, unless its label
bears in prominent type the word "imitation"; or
(11) If its container is so made, formed, or filled as to be
misleading; or
(12) If the labeling thereon does not identify the producer,
manufacturer or handler thereof, and an accurate statement of the
quantity of the contents in terms of weight, measure, or
numerical count; or
(13) If any substance has been added thereto or mixed or
packed therewith so as to increase its bulk or weight, or reduce
its quality or strength, or make it appear better or of greater
value than it is.
Nothing herein contained shall prohibit prohibits the sale
of livestock for immediate slaughter in accordance with the meat
inspection regulations of the United States department of
agriculture.
(b) It is unlawful for any person to sell, offer or expose
for sale, or exchange or have in his or her possession with
intent to sell, offer or expose for sale or exchange any dented
or damaged containers or canned goods or products "as is" at a
price that is more than one half of the usual retail price of the
goods or products. Dented or damaged containers may not be
placed on shelves with undamaged canned goods or products in
containers or otherwise displayed for sale with undamaged canned
goods or products in containers for any reason. Any person who
knowingly places dented or damaged containers on shelves with
undamaged goods or products is guilty of a misdemeanor and, upon
conviction thereof, shall be fined one hundred dollars for each damaged item that is placed on a shelf or otherwise displayed
with undamaged goods or products.
NOTE: The purpose of this bill is to prohibit the sale at
full retail price any damaged container or canned goods. It
further adds a penalty, if convicted, of $100.00 per damaged item
that is deliberately placed with undamaged goods.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.