Introduced Version
House Bill 2347 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2347
(By Delegate Doyle)
[Introduced January 9, 2008; referred to the
Committee on Agriculture and Natural Resources then the
Judiciary.]
A BILL to amend and reenact §19-2-7
of the Code of West Virginia,
1931, 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 §19-2-7
of the Code of West Virginia, 1931, 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.