ENROLLED
Committee Substitute
for
H. B. 2425
(By Delegates Beach and Michael)
[Passed March 11, 1995; in effect ninety days from passage.]
AN ACT to amend and reenact sections one, two, three, four, five,
six, eight, nine, ten and eleven, article two-b, chapter
nineteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to the regulation of
poultry as well as meat; allowing the commissioner of
agriculture to elect where a hearing will be held for
grievances filed under this article; increasing the penalties
for violating this article; and new violation and penalties.
Be it enacted by the Legislature of West Virginia:
That sections one, two, three, four, five, six, eight, nine,
ten and eleven, article two-b, chapter nineteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended and reenacted to read as follows:
ARTICLE 2B. INSPECTION OF MEAT AND POULTRY.
§19-2B-1. Purpose and construction; continuation of meat and poultry inspection program.
Subject to the provisions of section seven of this article,
the basic purpose of this article is to provide for the inspection,
labeling and disposition of animals, poultry, carcasses, meat
products and poultry products which are to be sold or offered for
sale through commercial outlets for human consumption, the
licensing of commercial slaughterers, custom slaughterers and
processors, and the inspection of slaughterhouses and processing
plants located in the state of West Virginia. This article, being
intended to protect the health of the citizens of West Virginia,
shall be liberally construed.
After having conducted a performance and fiscal audit through
its joint committee on government operations, pursuant to section
nine, article ten, chapter four of this code, the Legislature
hereby finds and declares that the meat inspection program should
be continued and reestablished. Accordingly, notwithstanding the
provisions of section four, article ten, chapter four of this code,
the meat and poultry inspection program shall continue to exist
until the first day of July, one thousand nine hundred
ninety-eight.
§19-2B-2. Definitions.
Unless the context in which used clearly requires a different
meaning, as used in this article:
(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 and duly authorized representatives;
(c) "Person" means any individual, partnership, corporation,
association, or other entity;
(d) "Contract veterinarian" means a graduate of a school of
veterinary medicine accredited by the American Veterinary Medical
Association who provides services for the department under
contract;
(e) "Veterinary supervisor" means a graduate of a school of
veterinary medicine accredited by the American Veterinary Medical
Association, employed by the department and authorized by the
commissioner to perform on his or her behalf any inspection and
supervisory functions under this article;
(f) "Inspector" means an individual employed by the department
and authorized by the commissioner to perform on his or her behalf
any inspection and supervisory functions under this article;
(g) "State inspection" means inspection services conducted by
the department at or in connection with establishments required to
be licensed by this article;
(h) "W. Va. condemned," or abbreviation thereof, means the
animal or poultry so marked has been inspected and found to be in
a dying condition, or to be affected with any other condition or
disease that would require condemnation of its carcass;
(i) "W. Va. inspected and condemned," or abbreviation thereof,
means that the carcass, meat product or poultry product, so marked
or so identified, is adulterated and shall be disposed of in the
manner prescribed by the commissioner;
(j) "W. Va. retained" means that the carcass, meat product or
poultry product or any ingredient used in processing, or any direct
or indirect container used for meat products or poultry products so
identified is held for further examination by a veterinary
supervisor or contract veterinarian to determine its disposal;
(k) "W. Va. suspect" means that the animal or poultry so
marked and identified is suspected of being affected with a disease
or condition which may require its condemnation, in whole or in
part, when slaughtered, and is subject to further examination by a
contract veterinarian or veterinary supervisor to determine its
disposal;
(l) "W. Va. inspected and passed," or abbreviation thereof,
means that the carcass, meat product or poultry product so marked
or so identified, was at the time it was so marked or so identified
found to be wholesome;
(m) "Country" when used in the name of a meat product or
poultry product means that such meat product or poultry product was
actually prepared on a farm;
(n) "Federal inspection" means the meat and poultry inspection
service conducted by the food safety and inspection service of the
United States department of agriculture;
(o) "Federal Meat Inspection Act" means the act so entitled,
approved March four, one thousand nine hundred seven, as amended by
the Wholesome Meat Act.
(p) "Federal Poultry Products Inspection Act" means the act of
Congress approved August twenty-eighth, one thousand nine hundred fifty-seven, as amended;
(q) "Inspection legend" means a mark or a statement on a
carcass, meat product or poultry product indicating the same has
been inspected and passed in this state under the provisions of
this article;
(r) "Label" means a display of written, printed or graphic
matter on a container indicating the carcass, meat product or
poultry product contained therein has been inspected and passed in
this state under the provisions of this article;
(s) "Official inspection mark" means any symbol prescribed by
the commissioner for the purpose of identifying the inspection
status of any meat product or poultry product so inspected;
(t) "Establishment number" means an official number assigned
by the commissioner to each establishment and included on the
inspection legend and label to identify all inspected and passed
carcasses, meat product or poultry product handled in that
establishment;
(u) "Container" and "package" shall include, but not be
limited to, any box, can, tin, cloth, plastic or any other
receptacle, wrapper or cover;
(v) "Sell" means offer for sale, expose for sale, have in
possession for sale, exchange, barter or trade;
(w) "Animals" mean cattle, swine, sheep and goats;
(x) "Carcass" means all or any part of a slaughtered animal or
poultry, including viscera, which is capable of being used for
human consumption;
(y) "Meat" means the edible part of the muscle of animals or
poultry, which is skeletal or which is found in the tongue, in the
diaphragm, in the heart or in the esophagus, with or without the
accompanying or overlying fat, and the portions of bone, skin,
sinew nerve and blood vessels which normally accompany the muscle
tissue and which are not separated from it in the process of
dressing; it does not include the muscle found in the lips, snout
or ears;
(z) "Meat food product" means any article of food for human
consumption or any article which enters into the composition of
food for human consumption, which is derived or prepared in whole
or in part from any portion of any animal or poultry, except
organotherapeutic substances, meat juices, meat extract and the
like which are only for medicinal purposes and are advertised only
to the medical profession; any edible part of the carcass which has
been manufactured, cured, smoked, processed or otherwise treated
shall be considered a meat food product;
(aa) "Meat by-product" means any edible part of an animal or
poultry other than meat or meat food product;
(bb) "Meat product" means any meat, meat food product, and
meat by-product capable of use as human food;
(cc) "Poultry" means any domesticated bird which is used or
intended to be used for human consumption;
(dd) "Poultry meat" means the carcass or parts of such carcass
of any poultry;
(ee) "Poultry food product" means any product of poultry, other than eggs, capable of use as human food which is made wholly
or in part from any poultry meat or other portion of the carcass of
poultry;
(ff) "Poultry by-product" means any part or parts of poultry,
other than eggs, capable of use as human food, other than poultry
carcass which have been derived from one or more birds;
(gg) "Poultry product" means any poultry meat, poultry food
product, and poultry by-product capable of use as human food;
(hh) "Process" means to cut up, bone, chop, mix, grind, slice,
cook, smoke, cure, salt, marinate, dry, can, or otherwise
manufacture, process, or package any meat product or poultry
product;
(ii) "Denature" means the uniform application of sufficient
quantities of crude carbolic acid, cresylic disinfectant, or any
other agent approved by the commissioner upon and into the freely
slashed flesh of any carcass or product condemned;
(jj) "Decharacterization" means the uniform application of
sufficient quantities of dye, charcoal, malodorous fish oil, or any
other agent approved by the commissioner, upon and into the freely
slashed flesh of carcasses or meat not being rendered, so as to
unequivocally preclude its use for human food;
(kk) "Inedible" means the carcass, meat product or poultry
product derived from 4-D or condemned animals or poultry, or meat
products or poultry products which have deteriorated or are
otherwise unfit for human consumption;
(ll) "4-D animal" means an animal that is dead, dying, down or diseased on arrival at the slaughterhouse;
(mm) "Commercial slaughterer" means a person engaged for
profit in this state in the business of slaughtering animals or
poultry for human consumption which are to be sold or offered for
sale through a commercial outlet or establishment, and shall
include a person who in addition to such commercial slaughtering
also engages in the business of a custom slaughterer;
(nn) "Custom slaughterer" means a person engaged for profit in
this state in the business of slaughtering animals or poultry for
human consumption which are not to be sold or offered for sale
through a commercial outlet, commercial establishment, distributor,
or to an individual, and shall include the boning or cutting up of
carcasses of such animals or poultry and the grinding, chopping and
mixing of the carcasses thereof;
(oo) "Slaughterhouse" shall include, but not be limited to,
all buildings, structures and facilities used in the slaughtering
of animals or poultry for human consumption;
(pp) "Distributor" means a person engaged for profit in this
state in the business where carcasses, meat products or poultry
products are received from state inspected establishments, or
establishments inspected by the United States department of
agriculture;
(qq) "Processor" means a person who engages for profit in this
state in the business of processing carcasses, meat products or
poultry products for human consumption;
(rr) "Commercial processor" means a processor for commercial outlets or distributors and shall include the business of custom
processing;
(ss) "Custom processor" means a processor in which the
carcass, meat products or poultry products derived through
processing cannot be sold or offered for sale through a commercial
outlet, commercial establishment, distributor, or to an individual;
(tt) "Processing plant" shall include, but not be limited to,
all buildings, structures, chill rooms, aging rooms, processing
rooms, sanitary facilities, other facilities, and utensils, used by
or in connection with the operations of a processor;
(uu) "Establishment" means any slaughterhouse, processing
plant or distributor in this state;
(vv) "Related industries" means rendering plants, refrigerated
meat warehouses, food lockers, meat and poultry wholesalers,
brokers, pet food manufacturers, other animal food manufacturers,
animal impoundments whose main source of food supply is derived
from the raw meats, transportation firms and private carriers;
(ww) "Commercial outlet" means a place of business in this
state and shall include all retail stores and public eating places
in which carcasses, meat products or poultry products are stored,
sold or offered for sale for human consumption by the purchaser or
other individual consumers;
(xx) "Commercial dealer" means any person who operates one or
more commercial outlets and who sells or offers for sale thereat
any carcasses, meat products or poultry products for human
consumption, and who does not can, cook, cure, dry, smoke or render any carcass, meat products or poultry products at such outlets and
who conducts no slaughtering or preparing of carcasses, meat
products or poultry products at such outlets other than boning or
cutting up of carcasses, and other than grinding, chopping and
mixing operations at such outlets with respect to trim or meat
derived only from such boning or cutting up operations;
(yy) "Custom slaughtered carcass, meat or poultry" or "custom
processed meat products or poultry products" mean, respectively,
carcasses, meat products or poultry products which were
slaughtered, or processed by a custom slaughterer;
(zz) "Wholesome" means sound, healthful, clean, and otherwise
fit for human consumption;
(aaa) "Adulterated" means and shall apply to any carcass, part
thereof, meat product or poultry product under one or more of the
following circumstances:
(1) If it bears or contains any poisonous or deleterious
substance which may render it injurious to health; but in case the
substance is not an added substance, such carcass, meat product or
poultry product shall not be considered adulterated under this
clause if the quantity of such substance in or on such carcass,
meat product or poultry product does not ordinarily render it
injurious to health;
(2) (A) If it bears or contains (by reason of administration
of any substance to the live animal or poultry or otherwise) any
added poisonous or added deleterious substance (other than one
which is a pesticide chemical in or on a raw agricultural commodity; a food additive; or a color additive) which may, in the
judgment of the commissioner make such carcass, meat product or
poultry product unfit for human food;
(B) If it is, in whole or in part, a raw agricultural
commodity and such commodity bears or contains a pesticide chemical
which is unsafe within the meaning of the federal Food, Drug and
Cosmetic Act;
(C) If it bears or contains any food additive which is unsafe
within the meaning of the federal Food, Drug and Cosmetic Act;
(D) If it bears or contains any color additive which is unsafe
within the meaning of the federal Food, Drug and Cosmetic Act:
Provided, That a carcass, meat product or poultry product which is
not adulterated under paragraph (B), (C) or (D) of this subsection,
shall nevertheless be deemed adulterated if use of the pesticide
chemical, food additive, or color additive in or on such carcass,
meat product or poultry product is prohibited by rules in
establishments at which inspection is maintained;
(3) If it consists in whole or in part of any filthy, putrid,
or decomposed substance or is for any other reason unsound,
unhealthful, unwholesome, or otherwise unfit for human food;
(4) If it has been processed, packed, or held under insanitary
conditions whereby it may have become contaminated with filth or
pathogenic microorganisms, or whereby it may have been rendered
injurious to health;
(5) If it is, in whole or in part, the product of an animal or
poultry which has died otherwise than by slaughter;
(6) If its container is composed, in whole or in part, of any
poisonous or deleterious substance which may render the contents
injurious to health;
(7) If it has been intentionally subjected to radiation,
unless the use of the radiation was in conformity with a regulation
or exemption in effect pursuant to the federal Food, Drug and
Cosmetic Act;
(8) If any valuable constituent has been in whole or in part
omitted or abstracted therefrom; or if any substance has been
substituted, wholly or in part therefor; or if damage or
inferiority has been concealed in any manner; or 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;
(bbb) "Antemortem" means before death;
(ccc) "Postmortem" means after death;
(ddd) "Reinspection" means inspection of the processing of
carcass, meat products and poultry products, as well as a
reexamination of products previously inspected;
(eee) "Licensee" means any person licensed under the
provisions of this article.
§19-2B-3. Commissioner to enforce article; rules; cooperation with
federal agencies, etc.
(a) The commissioner shall administer and enforce the
provisions of this article and for this purpose is hereby
authorized and empowered to promulgate reasonable rules and to employ or contract with such persons as may be appropriate. All
rules shall be promulgated in accordance with the provisions of
chapter twenty-nine-a of this code. Such rules shall, insofar as
practicable, be in conformity with the rules and regulations issued
under the federal Meat Inspection Act and the federal Poultry
Products Inspection Act.
(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.
§19-2B-4. License required for commercial slaughterer, custom
slaughterer, commercial processor, custom processor or
distributor; application for license; fees; refusal,
revocation or suspension; suspension of inspection;
establishment number or numbers.
(a) No commercial slaughterer, custom slaughterer, commercial
processor, custom processor or distributor shall operate an
establishment unless he or she shall first have obtained a license
from the commissioner, which license remains unsuspended and
unrevoked. Application for such license shall be made on forms
prescribed by the commissioner and shall be accompanied by the fee
required in this section.
When such a person operates as a commercial slaughterer and also operates as a commercial processor, whether such 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 premises in this state, or
operates two or more processing plants not on the same premises in
this state, a separate license shall be required for each such
slaughterhouse and each such processing plant. Each license shall
expire on the thirtieth day of June 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 ten
dollars or as a custom processor shall be five dollars or as a
distributor shall be five dollars.
Average Number of AnimalsAnnual
ClassSlaughtered Per YearFee
Small1-500
$10.00
Medium501-1000$25.00
Large1001-5000$50.00
Extra LargeOver 5000$75.00
Average Finished ProductAnnual
ClassPoundage Processed Per YearFee
Small1-25,000$10.00
Medium25,001-250,000$25.00
Large250,001-1,000,000$50.00
Extra LargeOver 1,000,000$75.00
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.
(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) The commissioner may refuse to grant a license or may
suspend or revoke a license issued under the provisions of this section whenever 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.
Upon the refusal to grant a license, the commissioner shall
furnish a written statement to the applicant specifying the grounds
for such refusal. No such revocation or suspension of a license
shall be effective until the licensee has received written notice
thereof, which notice shall specify the grounds for such revocation
or suspension.
Whenever there is sufficient cause for the revocation or
suspension of a license as hereinabove specified, the commissioner
may in lieu of such revocation or suspension, suspend inspections
at the establishment. Immediately upon suspension of such
inspections the commissioner shall give the licensee written notice
thereof, and such notice shall contain a recitation of the
deficiencies which must be fully and completely corrected before
inspections shall be 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 applicant or
licensee, as the case may be, may, in writing, demand a hearing. The commissioner shall hold such a hearing within ten days after
receipt of such written demand, in accordance with the provisions
of section nine of this article.
§19-2B-5. Access to establishments, records, etc.
The commissioner may at any time enter upon and inspect any
establishment, place, premises or conveyance, either private or
public, where animals or poultry are slaughtered or carcasses, meat
products or poultry products are processed, handled, stored,
transported, distributed, sold or offered for sale, for the purpose
of examining such animals or poultry, carcasses, meat products or
poultry products. Any person engaged in the business of operating
an establishment shall maintain such records as the commissioner
may require directly pertaining to the movement, storage and
distribution or other disposition of animals or poultry, carcasses,
meat products and poultry products, and such records shall be open
to inspection by the commissioner at any time during the normal
working hours at such establishment.
§19-2B-6. Inspection, marking, labeling, branding, etc.;
quarantine; segregation; scheduling of operations;
disposition of carcasses, etc.; reinspection; health
examination; rejection tags.
(a) The commissioner shall provide antemortem and postmortem
inspection of all animals and poultry which are to be sold or
offered for sale through a commercial outlet, establishment or
distributor.
(b) The commissioner shall provide reinspection of carcasses, meat products and poultry products during further processing which
have previously been inspected.
(c) All inspections under the provisions of this article shall
be performed in accordance with reasonable rules promulgated by the
commissioner.
(d) The commissioner shall inspect all establishments under
state inspection to make certain that they are operating in
accordance with the provisions of this article and all reasonable
rules promulgated by the commissioner.
(e) When one inspector is assigned to make inspections at two
or more establishments where few animals or poultry are
slaughtered, or where small quantities of carcasses, meat products
or poultry products are processed, or where the operations at such
establishments are sporadic, and such establishments in any of such
cases are in reasonable close proximity to one another, the
commissioner, giving full consideration to the convenience of the
licensees of such establishments and considering the available
inspection work force, may by written notice to such licensees
specify a reasonable schedule for such operations: Provided, That
the commissioner may not require operations other than during
normal working hours.
(f) Every conveyance used by any establishment under state
inspection, and, notwithstanding the provisions of section seven of
this article, every conveyance used by any slaughterhouse,
processing plant or distributor inspected by the United States
department of agriculture, for the transportation of carcasses, meat products or poultry products shall be maintained in a clean
and sanitary condition and may be inspected in accordance with the
provisions of this article and reasonable rules promulgated by the
commissioner.
(g) The commissioner shall require such quarantine and
segregation of animals or poultry, carcasses, meat products or
poultry products in establishments as is deemed necessary to
effectuate the provisions of this article.
(h) The head, tongue, tail, thymus glands, viscera, blood and
other parts of any slaughtered animal shall be retained in such a
manner as to preserve their identity until after the postmortem
inspection has been completed.
(i) Each licensee shall pay for such devices for the affixing
of marks, brands, or stamps and for such labels as may be
prescribed for his or her establishment by the commissioner. Such
devices and labels shall be under the exclusive control and
supervision of the commissioner. The label used by any licensee
shall be of the form and size prescribed by reasonable rules
promulgated by the commissioner.
(j) Each animal or poultry carcass that has been inspected and
passed in this state by the commissioner shall be marked at the
time of inspection with the inspection legend. Any animal or
poultry carcass which is not passed shall be marked conspicuously
by the commissioner at the time of inspection in the following
manner: "W. Va. inspected and condemned," or any abbreviation
thereof.
(k) Each primal part of an animal or poultry carcass that has
been inspected and passed shall be marked with the inspection
legend, and each liver, beef heart and beef tongue that has been
inspected and passed shall be branded with the inspection legend at
the time of final inspection. Meat that has been boned out, cut
from primal parts or otherwise changed so that the inspection
legend is no longer plainly visible, and meat products and poultry
products that are too small to be marked with the inspection legend
shall be packed in closed containers to which shall be affixed the
label indicating that the meat products or poultry products
contained therein have been inspected and passed. Upon removal of
the contents of such containers bearing such label, the label shall
be defaced to prevent its reuse.
(l) All carcasses, meat products and poultry products which
have been derived from an animal or poultry slaughtered by a custom
slaughterer or processed by a custom slaughterer or custom
processor shall be marked "W. Va. custom slaughtered" in letters
not less than three eights of an inch in height.
(m) Each official inspection mark shall contain the
establishment number of the establishment involved, unless
otherwise authorized by rules promulgated by the commissioner.
(n) The commissioner is hereby authorized and empowered to
seize and destroy (1) any animal or poultry to be slaughtered in
this state and thereafter sold or offered for sale through a
commercial outlet or distributor which cannot be made fit for human
consumption; (2) any animal or poultry, carcass, meat product or poultry product slaughtered or processed in this state in violation
of the provisions of this article or any reasonable rules
promulgated by the commissioner; (3) any carcass, meat product or
poultry product that does not bear an inspection legend or meat
label provided for by this article or which has not been inspected
and passed under inspection provided by the United States
department of agriculture and which is intended to be sold or
offered for sale through a commercial outlet or distributor; and
(4) any animal or poultry, carcass, meat product or poultry product
which is adulterated.
Where appropriate the commissioner may in lieu of destruction
as aforesaid denature, decharacterize, mutilate or slash any
carcass, meat product or poultry product intended to be sold or
offered for sale through a commercial outlet or distributor. The
commissioner is also authorized and empowered to seize and retain
under a retained tag any animal or poultry, carcass, meat product
or poultry product until the commissioner determines to destroy,
denature, decharacterize, mutilate, slash or release the same.
Whenever the commissioner is authorized or empowered to take any of
the actions specified in this subsection, he or she may order and
direct the person having custody or possession of such animal or
poultry, carcass, meat product or poultry product, or the licensee
of the establishment in which it is found, to be responsible for
the disposition thereof, as well as any necessary storage, handling
or other incidentals related thereto. Such disposition shall be
carried out only under the direction and supervision of the commissioner.
(o) Whenever practicable, the commissioner shall forego the
actions authorized in the immediately preceding subsection and
permit reprocessing if such reprocessing will correct or eliminate
the conditions which would have justified any of such actions. Any
such reprocessing in this state shall be under the supervision of
the commissioner.
(p) Whenever the commissioner has good cause to believe that
any carcass, meat product or poultry product whether fresh, frozen,
or processed, and which is intended to be sold or offered for sale
through a commercial outlet or distributor, may be adulterated or
otherwise injurious to health, he or she may inspect or reinspect
the same under the provisions of this article and any reasonable
rules promulgated by him or her, even though such carcass, meat
product or poultry product may have been previously inspected and
passed.
(q) No licensee shall employ in any establishment any person
who has any communicable disease or infected wounds or who is a
carrier of any communicable disease. To enforce the provisions of
this subsection, the commissioner may require any employee or
prospective employee to submit to a health examination by a
physician and furnish to the commissioner a certificate from such
physician concerning his or her findings. The cost of conducting
such examination and furnishing such certificate shall be borne by
the licensee concerned.
(r) Whenever the commissioner inspects any room, compartment, equipment or utensil in any establishment subject to state
inspection and finds the same not to be clean and sanitary or finds
the same to be otherwise unsuitable for the slaughtering or
processing operations carried on in such establishment, he or she
shall affix thereto a rejection tag or rejection notice. No such
rejected room, compartment, equipment or utensil shall be used
until the deficiencies requiring such rejection shall have been
fully and completely corrected and the rejection tag or rejection
notice has been removed. No person other than the commissioner
shall remove any such rejection tag or notice.
(s) When any animal or poultry, carcass, meat product or
poultry product has been inspected hereunder, the appropriate
official inspection mark shall be affixed thereto, and no person
shall remove the same unless authorized so to do by the
commissioner.
§19-2B-8. Exemptions.
(a) In order to accomplish the objectives of this article, the
commissioner may by reasonable rules exempt from inspection:
(1) Any commercial dealer, provided all carcasses, meat
products or poultry products sold or offered for sale by such
dealer were slaughtered and/or processed in commercial
establishments under state inspection or have been inspected and
passed by the United States department of agriculture and shall be
identified, labeled and sold in normal retail quantities as
prescribed by reasonable rules promulgated by the commissioner;
(2) The slaughtering by any person of animals of his or her own raising, and the preparation by him or her of the carcasses,
meat products or poultry products of such animals exclusively for
use by him or her and members of his or her household and his or
her nonpaying guests and employees; or custom slaughtered animals,
by a custom slaughterer, delivered by the owner thereof for such
slaughter and the preparation by such slaughterer or custom
processor of the carcasses, meat products or poultry products of
such animals, exclusively for use, in the household of such owner,
by him or her and members of his or her household and his or her
nonpaying guests and employees: Provided, That the custom
slaughterer or custom processor is not handling adulterated
carcasses, meat products and poultry products; maintains identity
of carcasses, meat products and poultry products; and maintains
acceptable sanitation and operational controls as prescribed by
reasonable rules promulgated by the commissioner;
(3) Antemortem and postmortem inspection of a licensed custom
slaughterer;
(4) Any other operations which the commissioner may determine
would best be exempted to further the purposes of this article, to
the extent such exemptions conform to the federal Meat Inspection
Act and the federal Poultry Products Inspection Act as amended from
time to time and the regulations thereunder.
(b) Any institution operated by the state requiring inspection
under this article shall be exempt from the licensing fee as
required by section four of said article.
§19-2B-9. Hearings; judicial review.
(a) When any person is entitled to a hearing before the
commissioner as authorized in this article, the commissioner shall
hold such hearing and all of the pertinent provisions of article
five, chapter twenty-nine-a of this code shall apply to and govern
such hearing and the administrative procedures in connection with
and following such hearing, with like effect as if the provisions
of said article five were set forth in extenso in this subsection,
except that the hearing shall be held in the county in which the
establishment involved is located, or in which the affected person
resides or has his or her principal place of business, or in
Kanawha county, West Virginia, at the election of the commissioner.
Any such hearing shall be held within the time limits hereinbefore
specified in this article, unless there is a postponement or a
continuance for good cause shown.
(b) For the purpose of any such hearing, the commissioner
shall have the power and authority to issue subpoenas and subpoenas
duces tecum, in accordance with the provisions of section one,
article five, chapter twenty-nine-a of this code. All subpoenas and
subpoenas duces tecum shall be issued and served within the time
and for the fees and shall be enforced, as specified in section
one, article five of said chapter twenty-nine-a, and all of the
said section one provisions dealing with subpoenas and subpoenas
duces tecum shall apply to subpoenas and subpoenas duces tecum
issued for the purpose of a hearing hereunder. At any such
hearing, the person who demanded the same may represent himself or
be represented by an attorney-at-law admitted to practice before any circuit court of this state.
(c) After such hearing and consideration of all the testimony,
evidence and record in the case, the commissioner shall make and
enter an order deciding the matter in question. Such order shall be
accompanied by findings of fact and conclusions of law as specified
in section three, article five, chapter twenty-nine-a of this code,
and a copy of such order and accompanying findings and conclusions
shall be served upon all the parties and their attorneys of record,
if any, in person or by registered or certified mail. The
commissioner shall also cause a notice to be served with a copy of
such order, which notice shall advise the parties of their right to
judicial review, in accordance with the provisions of subsection
(d) of this section. The order of the commissioner shall be final
unless vacated or modified upon judicial review thereof in
accordance with the provisions of subsection (d) of this section.
(d) Any party adversely affected by a final order made and
entered by the commissioner after such hearing, held in accordance
with the provisions of subsections (a) through (c) of this section,
is entitled to judicial review thereof. All of the pertinent
provisions of section four, article five, chapter twenty-nine-a of
this code shall apply to and govern such review with like effect as
if the provisions of said section four were set forth in extenso in
this subsection, except that the petition shall be filed in the
circuit court of the county in which the hearing before the
commissioner was held.
(e) The judgment of the circuit court shall be final unless reversed, vacated or modified on appeal to the supreme court of
appeals in accordance with the provisions of section one, article
six, chapter twenty-nine-a of this code.
§19-2B-10. Additional prohibitions.
In addition to any other prohibitions contained in this
article, it shall be unlawful:
(a) For any person to operate any establishment under state
inspection which is not clean and sanitary;
(b) To slaughter any adulterated animal or poultry intended to
be sold or offered for sale through a commercial outlet or
distributor;
(c) To sell or offer for sale through a commercial outlet or
distributor any carcass, meat product or poultry product for human
consumption which is adulterated;
(d) To slaughter for human consumption any animal or poultry
tagged or permanently identified as "W. Va. condemned," or
abbreviation thereof;
(e) To process, sell or offer for sale for human consumption
any carcass, meat product or poultry product which is mislabeled
with intent to deceive or which is marked "W. Va. inspected and
condemned," or abbreviation thereof;
(f) To process in an establishment under state inspection for
sale through any commercial outlet or distributor any carcass, meat
product or poultry product intended for human consumption and
derived in whole or in part from any calf, pig, kid, lamb, chicken
or turkey which is so immature as to be lacking in nutritional value;
(g) To knowingly or intentionally expose any carcass, meat
product and poultry product in any establishment under state
inspection to insects, live animals or any contamination;
(h) To add kangaroo meat, horse meat, mule meat or other
equine meat to any animal meat, meat product or poultry product
derived from animals and to be sold or offered for sale through
commercial outlets or distributors for human consumption;
(i) To remove any hide, skin or any other part of an unborn or
stillborn animal or poultry in the confines of a room in an
establishment where any animals or poultry, carcasses, meat
products or poultry products are slaughtered or processed, as the
case may be, or to be sold or offered for sale through a commercial
outlet or distributor;
(j) To process for human consumption in any establishment
subject to state inspection any carcass, meat product and poultry
product derived from any animal which died other than by slaughter;
(k) To transport to any commercial outlet or distributor for
the purpose of being sold or offered for sale therein, any carcass,
meat product or poultry product which is not marked, branded or
stamped as having been inspected and passed by the commissioner or
by the United States department of agriculture;
(l) For any commercial outlet or distributor to receive, for
the purpose of being sold or offered for sale therein, any carcass,
meat product or poultry product which is not marked, branded or
stamped as having been inspected and passed by the commissioner or by the United States department of agriculture;
(m) To slaughter any horse, mule or other equine in any
establishment under state inspection in which animals or poultry
are slaughtered for human consumption for the purpose of being sold
or offered for sale through commercial outlets;
(n) To bring any kangaroo meat, horse meat, mule meat or other
equine meat into any establishment under state inspection where
animal or poultry carcasses, meat products or poultry products are
processed for human consumption for the purpose of being sold or
offered for sale through commercial outlets;
(o) To transport, process, sell or offer for sale any kangaroo
meat, horse meat, mule meat or other equine meat within this state
for human consumption unless it is conspicuously and plainly
identified or stamped as such;
(p) For any person to use an establishment number not assigned
to him or her or to use an establishment number in connection with
operations concerning which a different establishment number was
assigned by the commissioner;
(q) To remove from any article any retained tag affixed by the
commissioner, unless such removal is authorized by him or her;
(r) To remove from any room, compartment, equipment or utensil
any rejection tag or rejection notice affixed by the commissioner,
unless such removal is authorized by him or her;
(s) For a licensee to use any container bearing an official
inspection mark unless it contains the exact carcass, meat product
or poultry product which was in the container at the time such contents were inspected and passed: Provided, That such a
container may be otherwise used if such official inspection mark
thereon is removed, obliterated or destroyed, and such other use is
authorized by reasonable rules promulgated by the commissioner;
(t) For any person, other than the commissioner, to possess,
keep or use, except as authorized by the commissioner, any meat
label or device for the affixing of a mark, brand or stamp
prescribed for inspection purposes hereunder;
(u) For any person, with intent to deceive, to possess, keep
or use any label, mark, brand or stamp similar in character or
import to an official label, mark, brand or stamp prescribed by the
commissioner hereunder or to an official label, mark, brand or
stamp used by the United States department of agriculture;
(v) To falsely make, falsely issue, falsely publish, alter,
forge, simulate or counterfeit any inspection certificate,
memorandum, label, mark, brand, or stamp, or device for making an
inspection mark, brand or stamp, or to possess, keep or use the
same, with intent to deceive;
(w) For any person to refuse to permit the commissioner to
enter and inspect at any time, upon presentation of appropriate
credentials, an establishment under state inspection, or to
interfere with any such lawful entry or inspection;
(x) For any person to refuse to permit the commissioner, upon
presentation of appropriate credentials, to examine and copy the
records described in section five of this article;
(y) For a person to prevent or fail to decharacterize or denature carcasses, meat products or poultry products as prescribed
by reasonable rules promulgated by the commissioner;
(z) For a person to transport offal, blood, or inedible and
condemned parts of animal and poultry carcasses from
slaughterhouses, processing plants or other related industries:
Provided, That such products may be transported if placed in
suitable containers with tight covers, or watertight tanks so as
not to contaminate the public highways or private roadways while
going to or from the points of pickup;
(aa) For a person to store offal, blood, or inedible and
condemned parts of animal and poultry carcasses from
slaughterhouses, processing plants or other related industries
during interim transit movement in refrigerated warehouses, food
lockers or other related industries: Provided, That such products
may be otherwise stored if properly marked "NOT FOR HUMAN FOOD""FOR
ANIMAL FOOD ONLY" and identified as approved products to be used
for animal food;
(bb) For a person knowingly to purchase or deliver, or both,
a 4-D animal to an establishment in this state;
(cc) For any person to transport carcasses, meat products and
poultry products that are intended for human consumption in a
manner which would permit the products to become adulterated;
(dd) For any person who forcibly assaults, resists, opposes,
impedes, intimidates, or interferes with the commissioner or his or
her representative while engaged in or on account of the
performances of his or her official duties.
§19-2B-11. Penalties.
(a) Any person who violates any of the provisions of this
article shall be guilty of a misdemeanor, and, upon conviction
thereof, shall for the first offense be fined not less than two
hundred nor more than one thousand dollars and upon conviction of
each subsequent offense shall be fined not less than four hundred
nor more than two thousand dollars.
(b) If such a person knowingly sells, offers for sale or
distribution, or attempts to sell, offers for sale or distribution
of a carcass, meat product or poultry product that is contaminated
with pathogenic microorganisms or otherwise adulterated, such a
person shall be guilty of a misdemeanor, and upon conviction
thereof, shall be fined not less than five thousand dollars nor
more than ten thousand dollars upon conviction of each offense.