WVC 19 -
CHAPTER 19. AGRICULTURE.
WVC 19 - 5 A-
ARTICLE 5A. CONTROLLED ATMOSPHERE STORAGE OF FRESH FRUITS AND
WVC 19 - 5 A- 1
§19-5A-1. Purpose and construction.
The purpose of this article is to regulate controlled
atmosphere storage warehouses, for controlling the condition and
maturity of fresh fruits and vegetables, so that upon removal
therefrom they may be designated as CA stored.
WVC 19 - 5 A- 2
(a) "Department" means the department of agriculture of the
state of West Virginia.
(b) "Commissioner" means the commissioner of agriculture of
the state of West Virginia or his duly authorized
(c) "Controlled atmosphere storage" or "CA" means any
storage warehouse consisting of one or more rooms in any one
facility in which atmospheric gases are controlled in their
amount and in degrees of temperature for the purpose of
controlling the condition and maturity of any fresh fruits and
vegetables in order that upon removal therefrom they may be
designated as having been exposed to controlled atmosphere.
(d) "Person" means an individual, firm, partnership,
corporation, cooperative, company, society or association and
each officer, agent or employee thereof and shall import either
the singular or plural as the case may be.
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§19-5A-3. Commissioner to enforce article; rules and regulations;
cooperation with other authorities.
(a) The commissioner shall administer and enforce the
provisions of this article and for this purpose he is hereby
authorized and empowered to promulgate rules and regulations and
to employ or contract with such persons as may be appropriate.
(b) The commissioner is hereby authorized and empowered to
cooperate with the federal government and any agencies,
departments, and instrumentalities thereof, the state of West
Virginia and any agencies, departments or political subdivisions
thereof, and any other state or commonwealth and any agencies,
departments or political subdivisions thereof, in order to carry
out the effective administration of this article.
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§19-5A-4. License required for operation of warehouse;
application; fees; term of license; inspections;
refusal, suspension or revocation of license.
No person shall engage in the business of operating a
controlled atmosphere storage warehouse unless he shall have
first obtained a license from the commissioner so to do, which
license remains unsuspended and unrevoked. Application for such
license shall be made on forms prescribed by the commissioner and
shall be accompanied by a fee required in this section. When a
person operates two or more CA storage warehouses not on the same
premises in this state, a separate license shall be required for
each such storage warehouse. Each license shall expire on the
thirtieth day of June next following its issuance, and the annual
fee for each such license shall be twenty-five dollars. Before
issuing any license required by the provisions of this section,
the commissioner shall inspect the applicant's CA storage
warehouse and if the commissioner is satisfied that the warehouse
is properly equipped and is in conformity with the provisions of
this article and any rules and regulations promulgated by the
commissioner, he shall issue the license. Each applicant for a
license shall specify the name of the person applying for the
license, the principal business address, name of the person
domiciled in this state authorized to receive and accept service
and legal notices of all kinds, the storage capacity of the
controlled atmosphere storage warehouse by cubic capacity or
volume, kind of fruits or vegetables for which the applicant
intends to provide controlled atmosphere storage, and any other information prescribed by the commissioner as necessary in
carrying out the provisions of this article.
The commissioner may refuse to grant a license or may
suspend or revoke a license issued under the provisions of this
section whenever he finds that the applicant's or licensee's CA
storage warehouse, as the case may be, is not properly equipped,
or is not in conformity with the provisions of this article or
any rules and regulations promulgated by the commissioner.
No such revocation or suspension of a license shall be
effective until the licensee has received notice thereof, which
notice shall specify the grounds for such revocation or
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§19-5A-5. Access to warehouses, records, etc.
The commissioner shall have access to and is empowered to
enter and make inspections during business hours of all
controlled atmosphere storage warehouses licensed by this state.
The licensee shall make available on demand to the commissioner
all records pertaining to the conduct of said controlled
atmosphere storage warehouses.
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§19-5A-6. CA warehouse numbers; issuance and use.
The commissioner when issuing a license shall assign a
warehouse number which shall be preceded by the letters WV- CA.
No person in this state shall place, stamp, mark or cause to
be placed, stamped or marked the letters "CA" or a similar
designation in conjunction with a number or numbers upon any
container or subcontainer of any fruits or vegetables, or imply
that such fruits and vegetables have been subjected to controlled
atmosphere conditions unless the commissioner has inspected such
fruits and vegetables and issued a state lot number in
conjunction with a certificate stating their quality and
condition, that they were stored in a warehouse licensed under
the provisions of this article and met the requirements of the
article and regulations promulgated thereunder: Provided, That
if such fruits and vegetables are not allowed to enter the
channels of commerce within two weeks of such inspection or
subsequent similar inspection by the commissioner the letters
"CA" and the state lot number shall be eradicated by the
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§19-5A-7. Oxygen content, time and temperature requirements for
classification of fruits or vegetables as controlled
The commissioner shall adopt regulations:
(a) Prescribing the maximum amount of oxygen that may be
retained in a sealed controlled atmosphere warehouse.
(b) Prescribing the maximum period of time in which the
oxygen content shall be reduced to the amount prescribed under
subdivision (a) of this section.
(c) Prescribing the length of time and degree of temperature
at which any fruits or vegetables shall be retained in a
controlled atmosphere storage warehouse before they may be
classed as having been stored in a CA storage.
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§19-5A-8. Air component determinations; records; forms; contents.
The licensee shall make air component determinations as to
the percentage of carbon dioxide, oxygen and temperature at least
once each day. A record of such determinations shall be kept on
a form prescribed by the commissioner for a period of at least
one year and shall include the following:
(a) Full name and address of licensee.
(b) Number and storage capacity of the warehouse.
(c) Date of sealing of the warehouse.
(d) Date of opening of the warehouse.
(e) A daily record of the date and time of tests including
the percentage of carbon dioxide, oxygen and the temperature.
(f) Any records required by the commissioner to fulfill the
provisions of this article.
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§19-5A-9. Minimum condition and maturity standards.
The commissioner shall establish minimum condition and
maturity standards for fruits and vegetables which are to be
designated as "CA" stored.
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§19-5A-10. Subpoena power; production of books, records, etc.;
enjoining violation; admissibility of inspection
The commissioner shall have subpoena power to compel the
attendance of witnesses and/or the production of books, records
or documents anywhere in the state in a hearing affecting the
authority or privilege granted by a license issued under the
provisions of this article and may bring an action to enjoin the
violation or threatened violation of any provision of this
article or of any regulation adopted pursuant to this article in
a court of record in the county in which violation occurs or is
about to occur, notwithstanding the existence of any other remedy
of law. Official inspection certificates issued by the
commissioner shall be received in all courts of this state as
prima facie evidence as statements of facts contained therein.
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§19-5A-11. Unlawful acts; penalties.
It shall be unlawful for any person to sell, offer for sale,
hold or transport for sale any fruits or vegetables represented
as having been exposed to controlled atmosphere storage or to use
any terms or form of words or symbols of similar import unless
such fruits and vegetables have been stored in a controlled
atmosphere storage which meets the requirements of this article
and the regulations adopted hereunder. Any person violating the
provisions of this article or the regulations adopted hereunder
shall be guilty of a misdemeanor, and, upon conviction thereof,
shall for the first offense be fined not less than fifty dollars
nor more than two hundred fifty dollars and upon conviction of
each subsequent offense shall be fined not less than two hundred
fifty dollars nor more than five hundred dollars.
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§19-5A-12. Article cumulative and nonexclusive; severability.
The provisions of this article shall be cumulative and
nonexclusive and shall not affect any other remedy. If any
section or provision of this article shall be adjudged invalid or
unconstitutional, such adjudication shall not affect the validity
of the article as a whole or any section, provision or part
thereof not adjudged invalid or unconstitutional.
Note: WV Code updated with legislation passed through the 2012 1st Special Session