WEST virginia legislature
2017 regular session
Introduced
Senate Bill 586
By Senator Sypolt
[Introduced March 13, 2017;
Referred
to the Committee on Agriculture and Rural Development; and then to the
Committee on Finance]
A BILL to amend and reenact §19-2B-4 of the Code of West Virginia, 1931, as amended, relating to changing the annual fees for custom slaughters, custom processors or distributors to triennial fees; and adjusting the fees accordingly.
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; 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 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 Provided,
That the triennial 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 is $15 or as a
distributor shall be $5 is $15.
Average Number of Animals Annual
Class Slaughtered Per Year Fee
Small 1-500 $10.00
Medium 501-1000 $25.00
Large 1001-5000 $50.00
Extra Large Over 5000 $75.00
Average Finished Product Annual
Class Poundage Processed Per Year Fee
Small 1-25,000 $10.00
Medium 25,001-250,000 $25.00
Large 250,001-1,000,000 $50.00
Extra Large Over 1,000,000 $75.00
(c) 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 from the establishment 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) (d)
When a licensee changes the location of his or her establishment, he or she
shall not operate at such the new location unless and until his
or her establishment at such the 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 that 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 the 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 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 from
the establishment through commercial outlets are or will be adulterated.
(f) Upon the
refusal to grant a license, the commissioner shall furnish a written statement
to the applicant specifying the grounds for such the refusal. No
such The revocation or suspension of a license shall be is
not effective until the licensee has received written notice thereof
of the revocation or suspension, which notice shall specify the
grounds for such the revocation or suspension.
(g) Whenever
there is sufficient cause for the revocation or suspension of a license as hereinabove
specified in subsection (e) of 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 such the notice shall
contain a recitation of the deficiencies which must be fully and completely
corrected before inspections shall be are resumed.
(h) 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 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.