WEST virginia legislature
2017 regular session
Senate Bill 586
By Senator Sypolt
[Originating in the Committee on Agriculture and Rural Development; reported on March 23, 2017]
A BILL to amend and reenact §19-2B-4 of the Code of West Virginia, 1931, as amended, relating to inspection of meat and poultry; clarifying licenses; making custom and distributor license a triennial license; increasing fees; and making technical corrections.
Be it enacted by the Legislature of West Virginia:
That §19-2B-4 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 2B. INSPECTION OF MEAT AND POULTRY.
§19-2B-4. License required for
slaughterer, custom slaughterer, commercial processor , custom
processor or distributor establishment; application for license;
fees; refusal, revocation or suspension ; suspension of inspection;
establishment number or numbers.
No A commercial slaughterer, custom
slaughterer, commercial processor, custom processor or distributor shall not
operate an establishment unless he or she shall first have obtained first
obtains a license from the commissione r, which license remains
unsuspended and unrevoked. Application for such the license
shall be made on forms prescribed by the commissioner and shall be accompanied
by the fee required in this section.
a person operates as a commercial slaughterer and also operates as a commercial
processor, whether such the operations are located on the same or
different premises in this state, each such operation shall be licensed.
When such a person operates two or more slaughterhouses not on the
same on different premises in this state, or operates two or more
processing plants not on the same on different premises in this
state, a separate license shall be is required for each such
slaughterhouse and each such processing plant. Each commercial license
shall expire on June 30 next following its issuance, and the annual fee for
each such license shall be based upon the average number of animals
slaughtered per year and upon the average finished product poundage processed
per year, as set forth in the following table: except that the annual
fee for the license of a person who operates solely as a custom slaughterer
shall be $10 is $30 or as a custom processor shall be $5 or as a distributor shall be $5.
Average Number of Animals Annual License
Class Slaughtered Per Year Fee
Extra Large Over 5000
Average Finished Product Annual License
Class Poundage Processed Per Year Fee
Extra Large Over
(c) Each custom slaughterer, custom processor or distributor license shall be a triennial license and shall expire on June 30 of the third year of the license. The fees for each license are set forth in the following table:
CUSTOM SLAUGHTERER, CUSTOM PROCESSOR AND DISTRIBUTOR
Triennial (3 year) License
Custom Slaughterer $75
Custom Processor $75
Custom Slaughterer and Processor $150
Before issuing any license required by the provisions
of this section, the commissioner shall inspect the applicant's establishment
and if the commissioner is satisfied that the establishment is clean and
sanitary, is properly equipped, and is in conformity with the provisions of
this article and any reasonable rules promulgated by the commissioner, and if he
or she is further satisfied that the carcasses, meat products or poultry
products to be sold or offered for sale therefrom through commercial outlets
will be wholesome and unadulterated, he or she shall issue the license. Each
license shall specify the location of the establishment at which the licensee
shall carry on his or her operations. The license shall also contain the
establishment number assigned by the commissioner.
(d)(1) The commissioner shall inspect an applicant’s establishment prior to issuing a license. The establishment must be clean and sanitary, properly equipped and in conformity with all applicable rules and laws. Further, the carcasses, meat and poultry products offered for sale must be wholesome and unadulterated. If the applicant meets these requirements, a license will be issued for that establishment, including an establishment number issued by the commissioner. (2) If an establishment changes its location, name, ownership or any other aspect of its business status, a new inspection will be required prior to the issuance of a new license for the establishment.
(b) When a licensee changes the location of his or her
establishment, he or she shall not operate at such new location unless and
until his or her establishment at such new location has been inspected by the
commissioner and a new license has been issued, or when a licensee leases,
sells, changes name, incorporates or in any other way changes the status of his
or her establishment with relationship to issuance of current license, the new
lessee, owner, etc., shall not operate at the location unless and until the
establishment at such location has been inspected and approved by the
commissioner and a new license has been issued in accordance with the
provisions of subsection (a) of this section: Provided, That a fee shall
not be charged for such new license during the license year in which the
change in location or change in ownership, name or leasing was made. (c) (e)
The commissioner may refuse to grant a license or may suspend or revoke a
license issued under the provisions of this section whenever if he
or she finds that the applicant’s or licensee’s establishment ,as the case
may be, is not clean or sanitary; or is not properly equipped or is
not in conformity with the provisions of this article or any reasonable
rules promulgated by the commissioner, or if he or she finds that the
carcasses, meat products or poultry products to be sold or offered for sale
therefrom through commercial outlets are or will be adulterated. all
applicable rules and laws; or that the carcasses, meat and poultry products
offered for sale are unwholesome or adulterated.
the refusal to grant a license, the The commissioner shall furnish a
written statement to the applicant or licensee specifying the grounds
for such the refusal, No such revocation or suspension of
a license shall be, at which time the revocation or suspension becomes
effective until the licensee has received written notice thereof which
notice shall specify the grounds for such revocation or suspension.
there is sufficient cause for the revocation or suspension of a license as
specified in this section, the commissioner may, in lieu of such the
revocation or suspension, suspend inspections at the establishment. Immediately
upon suspension of such the inspections, the commissioner shall
give the licensee written notice thereof of the suspension of
inspections and state and such notice shall contain a recitation of
the deficiencies which that must be fully and completely
corrected before inspections shall be are resumed. Upon receipt of a written statement advising that a
license has been refused, or upon receipt of a written notice of the revocation
or suspension of a license, or upon the suspension of inspections at the
licensee's establishment, the (h)
An applicant or licensee , as the case may be, may, in writing,
demand a hearing upon receiving written notice of an application being
refused, or the revocation or suspension of a license. The commissioner
shall hold such a hearing within ten days after receipt of such the
written demand in accordance with the provisions of section nine of this article.
NOTE: The purpose of this bill is to change the annual fees for custom slaughters, custom processors or distributors to triennial fees.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.