
Bill-Agriculture, Controlled 61CSR8E
H. B. 4176
(By Delegates Mahan, Wills, Cann, Kominar,
Faircloth and Riggs)
[Introduced January 25, 2002; referred to the
Committee on Agriculture and Natural Resources then the
Judiciary.]
A BILL to amend and reenact section two, 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 a legislative rule
relating to the controlled atmosphere for storage of apples.
Be it enacted by the Legislature of West Virginia:

That section two, 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.
§64-9-2. Commissioner of agriculture.



(a) The legislative rule filed in the state register on the twenty-seventh day of December, one thousand nine hundred
ninety-nine, authorized under the authority of section three,
article eleven-d, 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 fourth day of May, two thousand, relating to the
commissioner of agriculture (traditional cheese production, 61 CSR
4), is authorized.



(b) The legislative rule filed in the state register on the
fourth day of August, two thousand, authorized under the authority
of section twelve, article fifteen, 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 twelfth day of October, two thousand,
relating to the commissioner of agriculture (sale and distribution
of commercial fertilizer, 61 CSR 6), is authorized.



(c) The legislative rule filed in the state register on the
eighth day of August, two thousand, authorized under the authority
of section four, article sixteen-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 fifteenth day of September, two thousand, relating to the commissioner of agriculture (fee structure for the
pesticide control act of 1990, 61 CSR 12), is authorized.



(d) The legislative rule filed in the state register on the
twenty-fourth day of July, two thousand one, authorized under the
authority of section three, article five-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 sixteenth day of August, two
thousand one, relating to the commissioner of agriculture
(controlled atmosphere storage of apples, 61 CSR 8E), is
authorized.



NOTE: The purpose of this bill is to authorize the
Commissioner of Agriculture to promulgate a legislative rule
relating to the Controlled Atmosphere for Storage of Apples.



Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.