Senate Bill No. 102
(By Senators Unger, Anderson, Ross, Mitchell, Dawson, Redd and
Boley)
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[Introduced January 17, 2000 ; referred to the Committee on
Agriculture.]
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A BILL to amend and reenact section seven, article two, chapter
nineteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to sales of
agricultural products; and requiring food retailers to label or
provide notice of a food's country of origin.
Be it enacted by the Legislature of West Virginia:
That section seven, article two, 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 2. MARKETING AGRICULTURAL PRODUCTS.
§19-2-7. Prohibited sales.
(a) It shall be 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) Which is 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; or
(14) Which is not identified by label or other clear written
notice as to the country of the food's origin.
(b) Nothing herein contained shall prohibit the sale of
livestock for immediate slaughter in accordance with the meat
inspection regulations of the United States department of
agriculture.
NOTE: The purpose of this bill is to require that any person
who offers food for sale or exchange in West Virginia identify
the food's country of origin.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that
would be added.