SENATE
HOUSE
JOINT
BILL STATUS
STATE LAW
REPORTS
EDUCATIONAL
CONTACT
home
home

SB586 SUB1 Senate Bill 586 History

OTHER VERSIONS  -  Introduced Version  |     |  Email
Key: Green = existing Code. Red = new code to be enacted

WEST virginia legislature

2017 regular session

Committee Substitute

for

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 commercial 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.


(a) 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 commissioner, 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.

(b) When such 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.

                                 COMMERCIAL SLAUGHTERER

       Average Number of Animals                                   Annual License

Class                                 Slaughtered Per Year                                                           Fee

Small                                              1-500                                                            $10.00 $25

Medium                                       501-1000                                                         $25.00 $50

Large                                          1001-5000                                                        $50.00 $75

Extra Large                                 Over 5000                                                      $75.00 $100

 

                                   COMMERCIAL PROCESSOR

                                         Average Finished Product                                   Annual License

Class                           Poundage Processed Per Year                                                  Fee

Small                                             1-25,000                                                        $10.00 $25

Medium                                    25,001-250,000                                                  $25.00 $50

Large                                     250,001-1,000,000                                               $50.00 $75

Extra Large                              Over 1,000,000                                                $75.00 $100

(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

                                                                                                                                        Fee

Custom Slaughterer                                                                                                        $75

Custom Processor                                                                                                           $75

Custom Slaughterer and Processor                                                                             $150

Distributor                                                                                                                        $75

 

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.

(f) Upon 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.

(g) Whenever there is sufficient cause for the revocation or suspension of a license as hereinabove 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.

 

 

This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Web Administrator   |   © 2020 West Virginia Legislature ****


X

Print On Demand

Name:
Email:
Phone:

Print