H. B. 2166


(By Delegates Doyle and Manuel)

[Introduced February 14, 2001; 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 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.