COMMITTEE SUBSTITUTE
FOR
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 225
(By Senators Kessler, Snyder, Barnes, Stollings and Laird)
____________
[Originating in the Committee on Finance;
reported February 26, 2010.]
____________
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §19-10-1, §19-10-2,
§19-10-3, §19-10-4 and §19-10-5; and to amend and reenact §19-
14-5 of said code, all relating to creating and funding the
Spay Neuter Assistance Fund; defining the purposes of the
fund; requiring book-keeping standards and annual reporting;
and increasing certain commercial and pet feed registration
fees.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §19-10-1, §19-10-2, §19-
10-3, §19-10-4 and §19-10-5; and that §19-14-5 of said code be
amended and reenacted, all to read as follows:
ARTICLE 10. SPAY NEUTER ASSISTANCE FUND.
§19-10-1. Fund created; administration of funds.
(a) There is created in the State Treasury a special revenue
account to be designated the "Spay Neuter Assistance Fund" which
shall be an interest-bearing account that may be invested and retain
all earnings.
(b) All moneys received and collected pursuant to this article
shall be deposited into the "Spay Neuter Assistance Fund".
Expenditures from the fund shall be exclusively for the purposes set
forth in this article.
(c) Nothing in this article may be construed to mandate
additional funding to the Spay Neuter Assistance Fund or to require
any additional appropriations by the Legislature.
§19-10-2. Purpose of fund.
The purposes of the fund is to provide funding to the Spay
Neuter Assistance Program of West Virginia, Inc., a 26 U.S.C.
§501(c)(3) nonprofit corporation. All moneys shall be used by the
Spay Neuter Assistance Program of West Virginia, Inc. for the
purpose of funding spay neuter programs throughout West Virginia in
order to decrease the number of animals euthanized in West Virginia
animal shelters.
§19-10-3. Contents of fund.
The fund consists of moneys from specific statutory references
in this article, gifts, donations and any additional appropriations by the Legislature.
§19-10-4. Records and annual report.
The Spay Neuter Assistance Program of West Virginia, Inc. shall
maintain a separate checking account and separate bookkeeping
procedure for all moneys received from the fund. The Spay Neuter
Assistance Program of West Virginia, Inc. shall file an annual
report with the Department of Agriculture no later than January 31
of each year detailing expenditures of all money from the fund
during the previous calendar year.
§19-10-5. Commercial feed fees.
As stated in section five, article fourteen of this chapter,
certain commercial feed registration fees shall be deposited into
the Spay Neuter Assistance Fund created in section one of this
article.
ARTICLE 14. WEST VIRGINIA COMMERCIAL FEED LAW.
§19-14-5. Permits; registration.
(a) Permits and registrations
shall not be are not
transferrable with respect to persons or locations.
(b) A person must apply for a permit or registration at least
fifteen days
prior to before the expiration of the current permit
or registration expires; or at least fifteen days
prior to before
the date that the person intends to engage in business or market
products in this state. All applications shall be accompanied by
the fee established in this section. A penalty
of $2 as provided by rule of the Department of Agriculture shall be added to the fee
for all permits or registrations that are not applied for or renewed
within the time limit.
(c) Persons manufacturing commercial feed or customer-formula
feed in this state must obtain a Commercial Feed Manufacturing
Permit, except all persons manufacturing feed for only
his/her his
or her animals on
his/her his or her premises. Application forms
shall be provided by the commissioner and include such information
as established by rules. A separate permit shall be obtained for
each manufacturing facility or location in this state. Each
Commercial Feed Manufacturing Permit application shall be
accompanied by an application fee of $15. Each permit issued
shall
expire expires on December 31 next following the date of issue.
(d) Each person first distributing commercial feed into West
Virginia trade channels must obtain a Commercial Feed Distributor
Permit, except: (1) Persons distributing pet food exclusively, (2)
persons holding a valid Commercial Feed Manufacturing Permit, and
(3) persons distributing only those feeds that they register.
Application forms shall be provided by the commissioner and include
such information as established by rules. Each Commercial Feed
Distributor Permit application shall be accompanied by an
application fee of $10. Each permit issued
shall expire expires on
December 31 next following the date of issue.
(e) All commercial feed distributed or used in this state, except customer-formula feed, must be registered. Commercial feed
that can be uniquely identified by its brand name, product name,
physical form or other descriptive term shall be registered as a
separate product. Commercial feed that is packaged in such weights
as to apply to several categories shall be registered in each
applicable category. Application forms shall be provided by the
commissioner and include such information as established by rules.
(1) Commercial feed, other than pet food, in packages over ten
pounds or bulk shall be registered permanently. A registration fee
of $10 per product shall accompany each application for
registration, except that there will be no fee for a revision of a
commercial feed already on file that involves a change in the net
weight, a change in the list of ingredients,
and/or a change in the
guarantee for vitamins or minerals.
(2)
On August 31, 1991, permanent registrations for pet food
in packages over ten pounds are void and application for
registration and payment of fees will be required. Pet food,
including specialty pet foods, in packages over ten pounds or bulk
shall be registered annually. A registration fee of
$50 $75 per
product shall accompany each application for registration
and $25
of the registration shall be deposited in the Spay Neuter Assistance
Fund created by section one, article ten of this chapter. The
registration
shall expire expires on August 31 next following the
date of issue.
(3) Commercial feed, excluding specialty pet food in packages
of one pound or less, in packages of ten pounds and under shall be
registered annually. A registration fee of
$40 $50 per product
shall accompany each application for registration
and $10 of the
registration shall be deposited in the Spay Neuter Assistance Fund
created by section one, article ten of this chapter. The
registration
shall expire expires on December 31 next following the
date of issue.
(4) Specialty pet food, in packages of one pound or less shall
be registered annually. A registration fee of $20 per product shall
accompany each application for registration. The registration
shall
expire expires on December 31 next following the date of issue.
(f) A person is not required to register any brand name or
product name of commercial feed which is already registered by
another person.
(g) Alteration of commercial feed that changes the label
requires a new application for a Commercial Feed Registration be
made and approved before distribution.