WEST virginia legislature
2018 regular session
Senate Bill 317
By Senators Sypolt, Blair, Boso, Gaunch, Maroney, Rucker, Smith, Facemire, and Cline
[Introduced January 18, 2018;
to the Committee on Agriculture and Rural Development; and then to the Committee on the Judiciary]
A BILL to amend and reenact §16-7-5 of the Code of West Virginia, 1931, as amended, relating to transferring milk rules and regulations from Department of Health and Human Resources to Department of Agriculture; requiring consultation with Department of Health and Human Resources; and striking outdated language.
Be it enacted by the Legislature of West Virginia:
ARTICLE 7. PURE FOOD AND DRUGS.
state board of health as to milk and milk products.
(a) The West Virginia
board of health Department
of Agriculture, in consultation with the Department of Health and Human
Resources, shall adopt rules and regulations to provide clean and
safe milk and fresh milk products, and, when promulgated, these regulations
shall be the minimum requirements to be enforced by state and local
health authorities throughout the state. Provided, That except
in any case where the milk or milk product involved creates, or appears to
create, an imminent hazard to the public health, or in any case of a willful
refusal to permit an authorized inspection, that any regulations promulgated by
the board of health shall provide that prior to any suspension or revocation of
a permit issued to any dairy farm, milk plant, receiving station, transfer
station and distribution station, the holder of such permit shall be served with
a written notice to suspend or revoke such permit, which notice shall specify
with particularity the violations in question and afford the holder reasonable
opportunity to correct such violations: Provided, however, That the
proposed order to deny, suspend or revoke a permit shall not be effective until
notice in writing has been delivered to the holder of such permit who shall
have forty-eight hours therefrom in which to make application to the county
health officer for a hearing thereon. The county health officer shall, within
seventy-two hours of receipt of such application, give a notice in writing to
the holder of such permit setting forth the time and place of the hearing and
proceed to a hearing to ascertain the facts of such violation and upon evidence
presented at such hearing shall affirm, modify or rescind the proposed order to
suspend. A copy of such regulations shall be furnished to the commissioner of
agriculture for his guidance in performing any duties with relation to milk and
milk products imposed on him by law
NOTE: The purpose of this bill is to transfer authority regarding milk and milk products for the DHHR to the Department of Agriculture.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.