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.