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Chapter 19     Entire Code
‹ Chapter 18C  |  Chapter 20 › Printer Friendly Versions
Chapter 19  |  Article 19 - 5A  |  Section 3

1 - DEPARTMENT OF AGRICULTURE

1A - DIVISION OF FORESTRY

1B - SEDIMENT CONTROL DURING COMMER

1C - CARE OF LIVESTOCK

2 - MARKETING AGRICULTURAL PRODUCTS

2A - PUBLIC MARKETS

2B - INSPECTION OF MEAT AND POULTRY

2C - AUCTIONEERS

2D - IMITATION HONEY PRODUCT LAW

2E - HUMANE SLAUGHTER OF LIVESTOCK

2F - BEEF INDUSTRY SELF-IMPROVEMENT

2G - TREE FRUIT INDUSTRY SELF-IMPRO

3 - SALE OF FARM PRODUCTS BY COMMIS

4 - COOPERATIVE ASSOCIATIONS

5 - GRADING AND PACKING OF FRUITS A

5A - CONTROLLED ATMOSPHERE STORAGE
    19 - 5 A- 1
    19 - 5 A- 2
    19 - 5 A- 3
    19 - 5 A- 4
    19 - 5 A- 5
    19 - 5 A- 6
    19 - 5 A- 7
    19 - 5 A- 8
    19 - 5 A- 9
    19 - 5 A- 10
    19 - 5 A- 11
    19 - 5 A- 12

6 - DEMONSTRATION PACKINGHOUSES AND

7 - STATE AID FOR FAIRS

8 - COOPERATIVE EXTENSION WORKERS

9 - DISEASES AMONG DOMESTIC ANIMALS

9A - FEEDING OF UNTREATED GARBAGE T

10 - MALE BREEDING ANIMALS

10A - THE WEST VIRGINIA EGG MARKET

10B - LIVESTOCK DEALER'S LICENSING

11 - BULK MILK TRADE LAW

11A - DAIRY PRODUCTS AND IMITATION

11B - FROZEN DESSERTS AND IMITATIO

11C - SOUTHERN DAIRY COMPACT

11D - TRADITIONAL CHEESE PRODUCTIO

12 - INSECT PESTS, PLANT DISEASES

12A - LAND DIVISION

12B - INTERSTATE COMPACT ON PEST C

12C - INTERAGENCY COMMITTEE ON PES

12D - WEST VIRGINIA NOXIOUS WEED A

12E - INDUSTRIAL HEMP DEVELOPMENT

13 - INSPECTION AND PROTECTION OF

14 - WEST VIRGINIA COMMERCIAL FEED

15 - WEST VIRGINIA FERTILIZER LAW

15A - WEST VIRGINIA AGRICULTURAL L

16 - WEST VIRGINIA SEED LAW

16A - WEST VIRGINIA PESTICIDE CONT

16B - WEST VIRGINIA PESTICIDE USE

17 - FENCES

18 - GENERAL STOCK LAW

19 - PRESERVATION OF AGRICULTURAL

20 - DOGS AND CATS

20A - VACCINATION OF DOGS AND CATS

20B - SPAYING OR NEUTERING OF DOGS

20C - WEST VIRGINIA SPAY NEUTER AS

21 - DRAINAGE DISTRICTS

21A - CONSERVATION DISTRICTS

21B - WATERSHED IMPROVEMENT DISTRI

22 - VINEGARS

23 - HORSE AND DOG RACING

24 - INTERSTATE COMPACT ON LICENSU

25 - LIMITING LIABILITY OF LANDOWN

26 - GENERAL JOHN MCCAUSLAND MEMOR

27 - WEST VIRGINIA STATE FARM MUSE

28 - VITAMIN AND MINERAL ENRICHMEN

29 - PRODUCTION OF NONTRADITIONAL

30 - DONATED FOOD

31 - GUS R DOUGLASS AGRICULTURAL C

32 - AQUACULTURE DEVELOPMENT

33 - EQUINE RESCUE FACILITIES ACT

WVC 19 - CHAPTER 19. AGRICULTURE.
WVC 19 - 5 A- ARTICLE 5A. CONTROLLED ATMOSPHERE STORAGE OF FRESH FRUITS AND VEGETABLES.

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 §19-5A-2. Definitions.
(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 representatives.

(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.

WVC 19 - 5 A- 3 §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.

WVC 19 - 5 A- 4 §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 suspension.

WVC 19 - 5 A- 5 §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.

WVC 19 - 5 A- 6 §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 licensee.

WVC 19 - 5 A- 7 §19-5A-7. Oxygen content, time and temperature requirements for classification of fruits or vegetables as controlled atmosphere stored.
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.

WVC 19 - 5 A- 8 §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.

WVC 19 - 5 A- 9 §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.

WVC 19 - 5 A- 10 §19-5A-10. Subpoena power; production of books, records, etc.; enjoining violation; admissibility of inspection certificates.
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.

WVC 19 - 5 A- 11 §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.

WVC 19 - 5 A- 12 §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 2013 1st Special Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.


Recent legislation affecting the Code

Citation Year/Session Short Title
§19 - 1 - 11 - (New Code)
SENATE BILL - 350
PASSED - Regular Session

SB350 ENR  (Uploaded - 03/25/2014)
Relating to Rural Rehabilitation Loan Program
§19 - 1 A- 3 B - (New Code)
SENATE BILL - 353
PASSED - Regular Session

SB353 SUB2 ENR  (Uploaded - 03/25/2014)
Relating to timber theft from state forests
§19 - 1 B- 12 - (Repealed Code)
§19 - 1 B- 12 A - (Amended Code)
SENATE BILL - 357
PASSED - Regular Session

sb357 SUB1 ENR  (Uploaded - 03/25/2014)
Relating to Logging Sediment Control Act civil and criminal penalties
§19 - 21 A- 4 A - (New Code)
SENATE BILL - 365
PASSED - Regular Session

SB365 SUB1 ENR  (Uploaded - 03/25/2014)
Relating to administration of Conservation Agency programs
§19 - 1 - 11 - (New Code)
SENATE BILL - 469
PASSED - Regular Session

SB469 SUB1 ENR  (Uploaded - 03/25/2014)
Creating Veterans and Warriors to Agriculture Program
§19 - 1 - 4 - (Amended Code)
SENATE BILL - 523
PASSED - Regular Session

SB523 SUB2 ENR  (Uploaded - 03/25/2014)
Providing for additional state veterans skilled nursing facility in Beckley
§19 - 1 A- 3 A - (Amended Code)
SENATE BILL - 535
PASSED - Regular Session

SB535 SUB1 ENR  (Uploaded - 03/25/2014)
Clarifying definition of "ginseng"
§19 - 20 D- 1 - (New Code)
§19 - 20 D- 2 - (New Code)
§19 - 20 D- 3 - (New Code)
HOUSE BILL - 2757
PASSED - Regular Session

HB2757 SUB ENR  (Uploaded - 03/25/2014)
Private cause of action for the humane destruction of a dog
§19 - 12 E- 5 - (Amended Code)
§19 - 12 E- 9 - (Amended Code)
HOUSE BILL - 3011
PASSED - Regular Session

HB3011 SUB ENR  (Uploaded - 03/25/2014)
Removing the provision that requires an applicant to meet federal requirements concerning the production, distribution and sale of industrial hemp prior to being licensed
§19 - 34 - 1 - (New Code)
§19 - 34 - 2 - (New Code)
§19 - 34 - 3 - (New Code)
§19 - 34 - 4 - (New Code)
§19 - 34 - 5 - (New Code)
§19 - 34 - 6 - (New Code)
§19 - 34 - 7 - (New Code)
§19 - 34 - 8 - (New Code)
§19 - 34 - 9 - (New Code)
HOUSE BILL - 4393
PASSED - Regular Session

HB4393 SUB ENR  (Uploaded - 03/25/2014)
Creating the Dangerous Wild Animals Act
§19 - 2 C- 1 - (Amended Code)
§19 - 2 C- 3 - (Amended Code)
§19 - 2 C- 3 A - (New Code)
§19 - 2 C- 3 B - (New Code)
§19 - 2 C- 5 - (Amended Code)
§19 - 2 C- 5 A - (Amended Code)
§19 - 2 C- 6 - (Amended Code)
§19 - 2 C- 6 B - (Amended Code)
§19 - 2 C- 8 - (Amended Code)
§19 - 2 C- 9 - (Amended Code)
§19 - 2 C- 9 A - (New Code)
HOUSE BILL - 4410
PASSED - Regular Session

HB4410 ENR SUB  (Uploaded - 03/25/2014)
Redefining auctioneer exceptions
§19 - 4 - 6 - (Amended Code)
HOUSE BILL - 4488
PASSED - Regular Session

hb4488 ENR  (Uploaded - 03/25/2014)
Eliminating the requirement for notarization of the articles of incorporation for cooperative associations
§19 - 12 A- 6 A - (Amended Code)
HOUSE BILL - 104
PASSED - 1st Special Session

hb104 ENR  (Uploaded - 03/25/2014)
Increasing the annual cap for collections into the Land Division special revenue account of the Department of Agriculture
Note: WV Code updated with legislation passed through the 2013 1st Special Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.
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