WEST virginia legislature

2016 regular session

Introduced

Senate Bill 699

By Senator Karnes

[Introduced February 22, 2016;
Referred to the Committee on Health and Human Resources.]

A BILL to amend and reenact §64-5-2 of the Code of West Virginia, 1931, as amended, relating to reauthorizing, with amendment, the legislative rule contained in title sixty-four, series seventeen of the Code of State Rules, relating to food establishments (64 CSR 17); and allowing certain foods to be produced in a private home kitchen for sale at a farmers market, consignment farmers market, on-farm stand, roadside stand and online market under specified conditions.

Be it enacted by the Legislature of West Virginia:

That §64-5-2 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 5. AUTHORIZATION FOR DEPARTMENT OF Health and Human Resources TO PROMULGATE LEGISLATIVE RULES.

§64-5-2. Bureau for Public Health.

(a) The legislative rule filed in the State Register on July 24, 2013, authorized under the authority of section four, article one, chapter sixteen of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 5, 2013, relating to the Department of Health and Human Resources (clinical laboratory technician and technologist licensure and certification, 64 CSR 57), is authorized.

(b) The legislative rule filed in the State Register on July 25, 2013, authorized under the authority of section four, article one, chapter sixteen of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 9, 2013, relating to the Department of Health and Human Resources (AIDS-related medical testing and confidentiality, 64 CSR 64), is authorized with the following amendments:

On page two, subdivision 4.1.e, by inserting the following after the period, “The cost of the test not be passed through to the patient by a public health department.”

On page six, paragraph 4.3.b.1., by striking out the words “an oral” and inserting in lieu thereof the word a; on page six, by striking out all of subparagraph 4.3.b.1.A.

And,

Inserting in lieu thereof the following:

4.3.b.1.A. The court shall require the defendant or juvenile respondent to submit to the testing not later than forty-eight hours after the issuance of the order described in paragraph 4.3.b.1 of this subsection, unless good cause for delay is shown upon a request for a hearing: Provided, That no such delay shall cause the HIV-related testing to be administered later than forty-eight hours after the filing of any indictment or information regarding an adult defendant or the filing of a petition regarding a juvenile respondent.

4.3.b.1.B. The prosecuting attorney may, upon the request of the victim or the victims parent or legal guardian, and with notice to the defendant or juvenile respondent, apply to the court for an order directing that an appropriate human immunodeficiency virus (HIV) test or other STD test be performed on a defendant charged with or a juvenile subject to a petition involving the offenses of prostitution, sexual abuse, sexual assault or incest.

On page six, by striking out all of part 4.3.b.1.A.1.

On page six, by striking out all of paragraph 4.3.b.2.

And renumbering the remaining paragraphs;

On page six, by striking out all of paragraph 4.3.b.6.and inserting in lieu thereof the following:

4.3.b.5. The costs of testing may be charged to the defendant or juvenile respondent, or to that persons medical insurance provider, unless determined unable to pay by the court having jurisdiction over the matter. If the defendant or juvenile is unable to pay, the cost of laboratory testing for HIV testing may be borne by the bureau or the local health department.

4.3.b.5.A. The commissioner designates and authorizes all health care providers operating in regional jails, correctional or juvenile facilities to administer HIV tests, either by taking blood or oral specimens, and transmitting those specimens to the Office of Laboratory Services in accordance with instructions set forth at: http://www.wvdhhr.org/labservices/labe/HIV/index.cfm.

4.3.b.5.B. Laboratory testing done on specimens sent to the Office of Laboratory Services by health care providers for regional jails, correctional or juvenile facilities shall be performed at no cost to the jails, facilities or health care providers.; and, on page seven, by striking out all of subdivision 4.3.d. and inserting in lieu thereof a new subdivision, designated subdivision 4.3.d., to read as follows:

4.3.d. A person convicted or a juvenile adjudicated of the offenses described in this subsection may be required to undergo HIV-related testing and counseling immediately upon conviction or adjudication: Provided, that if the person convicted or adjudicated has been tested in accordance with the provisions of subdivision 4.3.b. of this subsection, that person need not be retested.

(c) The legislative rule filed in the State Register on July 24, 2013, authorized under the authority of section two-a, article five-a, chapter sixteen of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 7, 2013, relating to the Department of Health and Human Resources (Cancer Registry, 64 CSR 68), is authorized.

(d) The legislative rule filed in the State Register on July 24, 2013, authorized under the authority of section three, article twelve, chapter sixty-one of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 5, 2013, relating to the Department of Health and Human Resources (Medical Examiner rule for postmortem inquiries, 64 CSR 84), is authorized.

(e) The legislative rule contained in title sixty-four, series seventeen, and filed in the State Register on April 2, 2008, authorized under the authority of section four, article one, chapter sixteen and section two, article six, chapter sixteen of this code, relating to the Department of Health and Human Resources (food establishments, 64 CSR 17), is reauthorized with the following amendment:

On page three, by inserting after subdivision 4.3.d, the following:

4.3.d.1.  Potentially hazardous foods that include whole canned vegetables, pickled products, fermented products, tomato based products, including but not limited to salsa and tomato sauce, pepper sauces, mustard, pesto, minced garlic, soup mixes, frozen fruits and vegetables, and dehydrated fruits and vegetables are allowed to be produced in a private home kitchen for sale at a farmers market, consignment farmers market, on-farm stand, roadside stand, and online market if:

4.3.d.1.A. The vendor receives a Certificate of Completion from the West Virginia Department of Agriculture Better Home Processing Food Control School, passes a home kitchen inspection by the Department of Health and Human Resources, and has a home-based micro processing permit from the Department of Health and Human Resources.

4.3.d.1.B.  The bulk ingredient of the potentially hazardous products are sourced from their own farm or garden, and the remaining ingredients must be source-cited on a label that is approved and in compliance with West Virginia Department of Agriculture labeling standards.

4.3.d.1.C.  Each vendor is limited to the sale of 10,000 units per year of any potentially hazardous food item processed in a private home kitchen.

NOTE: The purpose of this bill is to reauthorize the legislative rule filed in the State Register on April 2, 2008, relating to the Department of Health and Human Resources (food establishments 64 CSR 17), with an amendment.  The amendment would allow certain foods to be produced in a private home kitchen for sale at a farmers market, consignment farmers market, on-farm stand, roadside stand, and online market, under specified conditions.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.