H. B. 2425
(By Delegates Beach and Michael)
[Introduced February 9, 1995; referred to the
Committee on Agriculture and Natural Resources then Finance.]
A BILL to amend and reenact sections one, two, three, four, five,
six, eight, nine, ten and eleven, article two-b, chapter
nineteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to requiring the
regulation of poultry as well as meat and increasing the
penalties for violating the provisions of article two-b,
chapter nineteen.
Be it enacted by the Legislature of West Virginia:
That sections one, two, three, four, five, six, eight, nine,
ten and eleven, article two-b, 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 2B. INSPECTION OF MEAT AND POULTRY.
§19-2B-1. Purpose and construction; continuation of meat
inspection program.
Subject to the provisions of
subsection (a) section seven of
this article, the basic purpose of this article is to provide for
the inspection, labeling and disposition of animals,
poultry,
carcasses, meat
products meat food products and meat byproducts
which are to be sold or offered for sale through commercial
outlets for human consumption, the licensing of commercial
slaughterers, custom slaughterers and processors, and the
inspection of slaughterhouses and processing plants located in
the state of West Virginia. This article, being intended to
protect the health of the citizens of West Virginia, shall be
liberally construed.
After having conducted a performance and fiscal audit
through its joint committee on government operations, pursuant to
section nine, article ten, chapter four of this code, the
Legislature hereby finds and declares that the meat inspection
program should be continued and reestablished. Accordingly,
notwithstanding the provisions of section four, article ten,
chapter four of this code, the meat inspection program shall
continue to exist until the first day of July, one thousand nine
hundred ninety-eight.
§19-2B-2. Definitions.
Unless the context in which used clearly requires a
different meaning, as used in this article:
(a) "Department" means the department of agriculture of the state of West Virginia;
(b) "Commissioner" means the commissioner of agriculture of
the state of West Virginia and his duly authorized
representatives;
(c) "Person" means any individual, partnership, corporation,
association, or other entity;
(d) "Contract veterinarian" means a graduate of a school of
veterinary medicine accredited by the American Veterinary Medical
Association who provides services for the department under
contract;
(e) "Veterinary supervisor" means a graduate of a school of
veterinary medicine accredited by the American Veterinary Medical
Association,
and employed by the department
to inspect and
supervise the inspection of animals, carcasses, meat, meat food
products or meat by-products and authorized by the commissioner
to perform on his or her behalf any inspection and supervisory
functions under this article;
(f)
"Meat inspector" "Inspector" means an individual
employed by the department
to inspect animals, carcasses, meat,
meat food products or meat by-products under the supervision of
a veterinary supervisor and authorized by the commissioner to
perform on his or her behalf any inspection and supervisory
functions under this article;
(g) "State inspection" means inspection services conducted by the department at or in connection with establishments
required to be licensed by this article;
(h) "W. Va. condemned," or abbreviation thereof, means the
animal
or poultry so marked has been inspected and found to be in
a dying condition, or to be affected with any other condition or
disease that would require condemnation of its carcass;
(i) "W. Va. inspected and condemned," or abbreviation
thereof, means that the carcass,
meat, meat food product or meat
by-product meat product or poultry product, so marked or so
identified, is adulterated and shall be disposed of in the manner
prescribed by the commissioner;
(j) "W. Va. retained" means that the carcass,
meat, meat
food product or meat by-product meat product or poultry product
or any ingredient used in processing, or any direct or indirect
container used for meat products or poultry products so
identified is held for further examination by a veterinary
supervisor or contract veterinarian to determine its disposal;
(k) "W. Va. suspect" means that the animal
or poultry so
marked and identified is suspected of being affected with a
disease or condition which may require its condemnation, in whole
or in part, when slaughtered, and is subject to further
examination by a contract veterinarian or veterinary supervisor
to determine its disposal;
(l) "W. Va. inspected and passed," or abbreviation thereof, means that the carcass,
meat, meat food product or meat by-
product meat product or poultry product so marked or so
identified, was at the time it was so marked or so identified
found to be wholesome;
(m) "Country" when used in the name of a meat, meat food
product or meat by-product means that such meat, meat food
product or meat by-product was actually prepared on a farm;
(n) "Federal inspection" means the meat and poultry
inspection service conducted
or approved by the
meat inspection
division and the poultry inspection division food safety and
inspection service of the United States department of
agriculture;
(o) "Federal Meat Inspection Act" means the act so entitled,
approved March four, one thousand nine hundred seven, as amended
by the Wholesome Meat Act.
(p) "Federal Poultry Products Inspection Act" means the act
of Congress approved August twenty-eighth, one thousand nine
hundred fifty-seven, as amended;
(q) "Inspection legend" means a mark or a statement on a
carcass,
meat, meat food product or meat by-product meat product
or poultry product indicating the same has been inspected and
passed in this state under the provisions of this article;
(r)
"Meat label" "Label" means a display of written, printed
or graphic matter on a container indicating the carcass,
meat, meat food products or meat by-products meat product or poultry
product contained therein has been inspected and passed in this
state under the provisions of this article;
(s) "Official inspection mark" means any symbol prescribed
by the commissioner for the purpose of identifying the inspection
status of any
article meat product or poultry product so
inspected;
(t) "Establishment number" means an official number assigned
by the commissioner to each establishment and included on the
inspection legend and
meat label to identify all inspected and
passed carcasses,
meat, meat food products and meat by-products
meat product or poultry product handled in that establishment;
(u) "Container" and "package" shall include but not be
limited to any box, can, tin, cloth, plastic or any other
receptacle, wrapper or cover;
(v) "Sell" means offer for sale, expose for sale, have in
possession for sale, exchange, barter or trade;
(w) "Animals" mean cattle, swine, sheep and goats;
(x) "Carcass" means all or any part of a slaughtered animal,
including viscera, which is capable of being used for human
consumption;
(y) "Meat" means the edible part of the muscle of animals,
which is skeletal or which is found in the tongue, in the
diaphragm, in the heart or in the esophagus, with or without the accompanying or overlying fat, and the portions of bone, skin,
sinew nerve and blood vessels which normally accompany the muscle
tissue and which are not separated from it in the process of
dressing; it does not include the muscle found in the lips, snout
or ears;
(z) "Meat food product" means any article of food for human
consumption or any article which enters into the composition of
food for human consumption, which is derived or prepared in whole
or in part from any portion of any animal, except
organotherapeutic substances, meat juices, meat extract and the
like which are only for medicinal purposes and are advertised
only to the medical profession; any edible part of the carcass
which has been manufactured, cured, smoked, processed or
otherwise treated shall be considered a meat food product;
(aa) "Meat by-product" means any edible part of an animal
other than meat or meat food product;
(bb) "Meat product" means any meat, meat food product, and
meat by-product capable of use as human food;
(cc) "Poultry" means any domesticated bird subject to the
provisions of this article, as determined by the commissioner;
(dd) "Poultry meat" means the carcass or parts of such
carcass of any poultry;
(ee) "Poultry food product" means any product of poultry,
other than eggs, capable of use as human food which is made wholly or in part from any poultry meat or other portion of the
carcass of poultry;
(ff) "Poultry by-product" means any part or parts of
poultry, other than eggs, capable of use as human food, other
than poultry carcass which have been derived from one or more
birds;
(gg) "Poultry product" means any poultry meat, poultry food
product, and poultry by-product capable of use as human food;
(hh) "Process" means to cut up, bone, chop, mix, grind,
slice, cook, smoke, cure, salt, marinate, dry, can, or otherwise
manufacture, process, or package any meat product or poultry
product;
(bb) (ii) "Denature" means the uniform application of
sufficient quantities of crude carbolic acid, cresylic
disinfectant, or any other agent approved by the commissioner
upon and into the freely slashed flesh of any carcass or product
condemned;
(cc) (jj) "Decharacterization" means the uniform application
of sufficient quantities of dye, charcoal, malodorous fish oil,
or any other agent approved by the commissioner, upon and into
the freely slashed flesh of carcasses or meat not being rendered,
so as to unequivocally preclude its use for human food;
(dd) (kk) "Inedible" means
meat, meat food products and meat
by-products the carcass, meat product or poultry product derived from 4-D or condemned animals
or poultry, or animals
or poultry
which the
meat, meat food products or meat by-products carcasses,
and meat or poultry products are otherwise unsuitable for human
consumption and shall include meat, meat food products or meat
by-products regardless of origin, which have deteriorated so far
as to be unfit for human consumption;
(ee) (ll) "4-D animal" means an animal that is dead, dying,
down or diseased on arrival at the slaughterhouse;
(ff) (mm) "Commercial slaughterer" means a person engaged
for profit in this state in the business of slaughtering
or
dressing animals
or poultry for human consumption which are to be
sold or offered for sale through a commercial outlet or
establishment, and shall include a person who in addition to such
commercial slaughtering also engages in the business of a custom
slaughterer;
(gg) (nn) "Custom slaughterer" means a person engaged for
profit in this state in the business of slaughtering or dressing
animals for human consumption which are not to be sold or offered
for sale through a commercial outlet, commercial establishment,
distributor, or to an individual, and shall include the boning or
cutting up of carcasses of such animals and the grinding,
chopping and mixing of the carcasses thereof;
(hh) (oo) "Slaughterhouse" shall include but not be limited
to all buildings, structures and facilities used in the slaughtering
or dressing of animals
or poultry for human
consumption;
(ii) (pp) "Distributor" means a person engaged for profit in
this state in the business where carcasses,
meat, meat food
products or meat by-products meat products or poultry products
are received from state
or federally inspected establishments, or
approved establishments inspected by the United States department
of agriculture;
and who stores and distributes to commercial
outlets, processors or individuals, and who conducts no
processing other than wrapping and/or cutting of carcasses or its
parts into quarters or wholesale cuts
(jj) (gg) "Processor" means a person who engages for profit
in this state in the business of
packing or packaging processing
carcasses,
meat, meat food products or meat by-products meat
products or poultry products for human consumption;
or a person
engaged for profit in the business of curing, salting, smoking,
processing or other preparing of carcasses, meat, meat food
products or meat by-products for human consumption
(kk) (rr) "Commercial processor" means a processor for
commercial outlets or distributors and shall include the business
of custom processing;
(ll) (ss) "Custom processor" means a processor in which the
meat, meat food products or meat by-products derived through
processing cannot be sold or offered for sale through a commercial outlet, commercial establishment, distributor, or to
an individual;
(mm) (tt) "Processing plant" shall include but not be
limited to all buildings, structures, chill rooms, aging rooms,
processing rooms, sanitary facilities, other facilities, and
utensils, used by or in connection with the operations of a
processor;
(nn) (uu) "Establishment" means any slaughterhouse,
processing plant or distributor in this state;
(oo) (vv) "Related industries" means rendering plants,
refrigerated meat warehouses, food lockers, meat and poultry
wholesalers, brokers, pet food manufacturers, other animal food
manufacturers, animal impoundments whose main source of food
supply is derived from the raw meats, transportation firms and
private carriers;
(pp) (ww) "Commercial outlet" means a place of business in
this state and shall include all retail stores and public eating
places in which
carcasses, meat, meat food products or meat by-
products meat products or poultry products are stored, sold or
offered for sale for human consumption by the purchaser or
others
other individual consumers;
(qq) (xx) "Commercial dealer" means any person who operates
one or more commercial outlets and who sells or offers for sale
thereat any carcasses,
meat, meat food products or meat by-products meat products or poultry products for human consumption,
and who does not can, cook, cure, dry, smoke or render any
carcass, meat, meat food products or meat by-products at such
outlets and who conducts no slaughtering or preparing of
carcasses, meat, meat food products or meat by-products at such
outlets other than boning or cutting up of carcasses, and other
than grinding, chopping and mixing operations at such outlets
with respect to trim or meat derived only from such boning or
cutting up operations;
(rr) (yy) "Custom slaughtered carcass or meat", "custom
slaughtered processed meat food products" or "custom
slaughtered
processed meat by-products" mean, respectively, carcasses, meat,
meat food products or meat by-products which were slaughtered,
dressed or
otherwise processed by a custom slaughterer;
(ss) (zz) "Wholesome" means sound, healthful, clean, and
otherwise fit for human consumption;
(tt) (aaa) "Adulterated" means and shall apply to any
carcass, part thereof, meat
or meat food product or poultry
product under one or more of the following circumstances:
(i) If it bears or contains any poisonous or deleterious
substance which may render it injurious to health; but in case
the substance is not an added substance, such article shall not
be considered adulterated under this clause if the quantity of
such substance in or on such article does not ordinarily render it injurious to health;
(ii) (a) If it bears or contains (by reason of
administration of any substance to the live animal
or poultry or
otherwise) any added poisonous or added deleterious substance
(other than one which is (1) a pesticide chemical in or on a raw
agricultural commodity; (2) a food additive; or (3) a color
additive) which may, in the judgment of the
commissioners
commissioner make such article unfit for human food;
(b) If it is, in whole or in part, a raw agricultural
commodity and such commodity bears or contains a pesticide
chemical which is unsafe within the meaning of the federal Food,
Drug and Cosmetic Act;
(c) If it bears or contains any food additive which is
unsafe within the meaning of the federal Food, Drug and Cosmetic
Act;
(d) If it bears or contains any color additive which is
unsafe within the meaning of the federal Food, Drug and Cosmetic
Act:
Provided, That
an article a carcass, meat product or
poultry product which is not adulterated under clause (b), (c),
or (d) shall nevertheless be deemed adulterated if use of the
pesticide chemical, food additive, or color additive in or on
such
article carcass, meat product or poultry product is
prohibited by regulations in establishments at which inspection
is maintained;
(iii) If it consists in whole or in part of any filthy,
putrid, or decomposed substance or is for any other reason
unsound, unhealthful, unwholesome, or otherwise unfit for human
food;
(iv) If it has been
prepared processed, packed, or held
under insanitary conditions whereby it may have become
contaminated with filth
or pathogenic microorganisms, or whereby
it may have been rendered injurious to health;
(v) If it is, in whole or in part, the product of an animal
or poultry which has died otherwise than by slaughter;
(vi) If its container is composed, in whole or in part, of
any poisonous or deleterious substance which may render the
contents injurious to health;
(vii) If it has been intentionally subjected to radiation,
unless the use of the radiation was in conformity with a
regulation or exemption in effect pursuant to the federal Food,
Drug and Cosmetic Act;
(viii) If any valuable constituent has been in whole or in
part omitted or abstracted therefrom; or if any substance has
been substituted, wholly or in part therefor; or if damage or
inferiority has been concealed in any manner; or 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;
(ix) If it is margarine containing animal fat and any of the
raw material used therein consisted in whole or in part of any
filthy, putrid, or decomposed substance
(uu) (bbb) "Antemortem" means before death;
(vv) (ccc) "Postmortem" means after death;
(ww) (ddd) "Reinspection" means inspection of the
preparation processing of
animal meat products and poultry
products, as well as a reexamination of
articles products
previously inspected;
(xx) (eee) "Licensee" means any person licensed under the
provisions of this article.
§19-2B-3. Commissioner to enforce article; rules and
regulations; cooperation with federal agencies,
etc.
(a) The commissioner shall administer and enforce the
provisions of this article and for this purpose he is hereby
authorized and empowered to promulgate reasonable rules
and
regulations and to employ or contract with such persons as may be
appropriate. All rules
and regulations shall be promulgated in
accordance with the provisions of chapter twenty-nine-a of this
code. Such rules
and regulations shall, insofar as practicable,
be in conformity with the rules and regulations issued under the
federal Meat Inspection Act and the federal Poultry Products
Inspection Act.
(b) The commissioner is hereby authorized and empowered to
cooperate with the federal government and any agencies,
departments and instrumentalities thereof, the state of West
Virginia and any agencies, departments or political subdivisions
thereof, and any other state or commonwealth and any agencies,
departments or political subdivisions thereof, in order to carry
out the effective administration of this article.
§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 commercial slaughterer, custom slaughterer,
commercial processor, custom processor or distributor shall
operate an establishment unless he shall first have obtained a
license from the commissioner so to do, which license remains
unsuspended and unrevoked. Application for such license shall
be made on forms prescribed by the commissioner and shall be
accompanied by the fee required in this section. When such a
person operates as a commercial slaughterer and also operates as
a commercial processor, whether such 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 premises in this state, or operates two or more processing plants not on the same premises
in this state, a separate license shall be required for each such
slaughterhouse and each such processing plant. Each license
shall expire on the thirtieth day of June 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 fee for
the license of a person who operates solely as a custom
slaughterer shall be ten dollars or as a custom processor shall
be five dollars or as a distributor shall be five dollars.
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
ClassPoundage Processed Per Year Fee
Small 1 - 25,000 $10.00
Medium25,001 - 250,000 $25.00
Large 250,001 - 1,000,000 $50.00
Extra Large Over 1,000,000 $75.00
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
and regulations promulgated by the commissioner, and if he
or she is further satisfied that the carcasses,
meat,
meat food products or meat by-products meat products or poultry
products to be sold or offered for sale therefrom 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) When a licensee changes the location of his
or her
establishment, he
or she shall not operate at such new location
unless and until his
or her establishment at such 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
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 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 new license during the license year in which the change in
location or change in ownership, name or leasing was made.
(c) 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
and
regulations promulgated by the commissioner, or if he
or she
finds that the carcasses,
meat, meat food products or meat by-
products meat products or poultry products to be sold or offered
for sale therefrom through commercial outlets are or will be
adulterated. Upon the refusal to grant a license, the
commissioner shall furnish a written statement to the applicant
specifying the grounds for such refusal. No such revocation or
suspension of a license shall be effective until the licensee has
received written notice thereof, which notice shall specify the
grounds for such revocation or suspension. Whenever there is
sufficient cause for the revocation or suspension of a license
as hereinabove specified, the commissioner may in lieu of such
revocation or suspension, suspend inspections at the
establishment. Immediately upon suspension of such inspections
the commissioner shall give the licensee written notice thereof,
and such notice shall contain a recitation of the deficiencies
which must be fully and completely corrected before inspections
shall be resumed. 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 written demand, in
accordance with the provisions of section nine of this article.
§19-2B-5. Access to establishments, records, etc.
The commissioner may at any time enter upon and inspect any
establishment, place, premises or conveyance, either private or
public, where animals
or poultry are slaughtered or carcasses,
meat, meat food products or meat by-products meat products or
poultry products are processed, handled, stored, transported,
distributed, sold or offered for sale, for the purpose of
examining such animals
or poultry, carcasses,
meat, meat food
products or meat by-products meat products or poultry products.
Any person engaged in the business of operating an establishment
shall maintain such records as the commissioner may require
directly pertaining to the movement, storage and distribution or
other disposition of animals
or poultry, carcasses,
meat, meat
food products or meat by-products meat products and poultry
products, and such records shall be open to inspection by the
commissioner at any time during the normal working hours at such
establishment.
§19-2B-6. Inspection, marking, labeling, branding, etc.;
quarantine; segregation; scheduling of operations; disposition of carcasses, etc.; reinspection;
health examination; rejection tags.
(a) The commissioner shall provide antemortem and postmortem
inspection of all animals
and poultry which are to be sold or
offered for sale through a commercial outlet, establishment or
distributor.
(b) The commissioner shall provide reinspection of
carcasses,
meat, meat food products and meat by-products meat
products and poultry products during further
preparation and
processing which have previously been inspected.
(c) All inspections under the provisions of this article
shall be performed in accordance with reasonable rules
and
regulations promulgated by the commissioner.
(d) The commissioner shall inspect all establishments under
state inspection to make certain that they are operating in
accordance with the provisions of this article and all reasonable
rules
and regulations promulgated by the commissioner.
(e) When one inspector is assigned to make inspections at
two or more establishments where few animals
or poultry are
slaughtered, or where small quantities of carcasses,
meat, meat
food products or meat by-products meat products or poultry
products are
handled processed, or where the operations at such
establishments are sporadic, and such establishments in any of
such cases are in reasonable close proximity to one another, the commissioner, giving full consideration to the convenience of the
licensees of such establishments
and considering the available
inspection work force, may by written notice to such licensees
specify a reasonable schedule for such operations:
Provided,
That the commissioner may not require operations other than
during normal working hours.
(f) Every conveyance used by any establishment under state
inspection, and, notwithstanding the provisions of section seven
of this article, every conveyance used by any slaughterhouse,
processing plant or distributor
operating under federal
inspection or approved inspected by the United States department
of agriculture, for the transportation of carcasses,
meat, meat
food products or meat by-products meat products or poultry
products shall be maintained in a clean and sanitary condition
and may be inspected in accordance with the provisions of this
article and reasonable rules
and regulations promulgated by the
commissioner.
(g) The commissioner shall require such quarantine and
segregation of animals
or poultry,
carcasses, meat, meat food
products and meat by-products meat products or poultry products
in establishments as is deemed necessary to effectuate the
provisions of this article.
(h) The head, tongue, tail, thymus glands, viscera, blood
and other parts of any slaughtered animal shall be retained in such a manner as to preserve their identity until after the
postmortem inspection has been completed.
(i) Each licensee shall pay for such devices for the
affixing of marks, brands, or stamps and for such meat labels as
may be prescribed for his establishment by the commissioner.
Such devices and
meat labels shall be under the exclusive control
and supervision of the commissioner. The
meat label used by any
licensee shall be of the form and size prescribed by reasonable
rules
and regulations promulgated by the commissioner.
(j) Each
animal carcass that has been inspected and passed
in this state by the commissioner shall be marked at the time of
inspection with the inspection legend. Any
animal or poultry
carcass which is not passed shall be marked conspicuously by the
commissioner at the time of inspection in the following manner:
"W. Va. inspected and condemned," or any abbreviation thereof.
(k) Each primal part of
a an animal carcass that has been
inspected and passed shall be marked with the inspection legend,
and each liver, beef heart and beef tongue that has been
inspected and passed shall be branded with the inspection legend
at the time of final inspection. Meat that has been boned out,
cut from primal parts or otherwise changed so that the inspection
legend is no longer plainly visible, and meat food products and
meat by-products that are too small to be marked with the
inspection legend shall be packed in closed containers to which shall be affixed the
meat label indicating that the
meat, meat
food products or meat by-products meat products or poultry
products contained therein have been inspected and passed. Upon
removal of the contents of such containers bearing such label,
the label shall be defaced to prevent its reuse.
(l) All carcasses, meat, meat food products and meat
by-products which have been derived from an animal slaughtered by
a custom slaughterer or processed by a custom slaughterer or
custom processor shall be marked "W. Va. custom slaughtered" in
letters not less than three eights of an inch in height.
(m) Each official inspection mark shall contain the
establishment number of the establishment involved, unless
otherwise authorized by rules
and regulations promulgated by the
commissioner.
(n) The commissioner is hereby authorized and empowered to
seize and destroy (i) any animal
or poultry to be slaughtered in
this state and thereafter sold or offered for sale through a
commercial outlet or distributor which cannot be made fit for
human consumption; (ii) any animal
or poultry, carcass,
meat,
meat food product or meat by-product meat product or poultry
product slaughtered or processed in this state in violation of
the provisions of this article or any reasonable rules
and
regulations promulgated by the commissioner; (iii) any carcass,
meat, meat food product or meat by-product meat product or poultry product that does not bear an inspection legend or meat
label provided for by this article or which has not been
inspected and passed under
federal inspection
or approved
provided by the United States department of agriculture and which
is intended to be sold or offered for sale through a commercial
outlet or distributor; and (iv) any animal
or poultry, carcass,
meat, meat food product or meat by-product meat product or
poultry product which is adulterated. Where appropriate the
commissioner may in lieu of destruction as aforesaid denature,
decharacterize, mutilate or slash any carcass,
meat, meat food
product or meat by-product meat product or poultry product
intended to be sold or offered for sale through a commercial
outlet or distributor. The commissioner is also authorized and
empowered to seize and retain under a retained tag any animal
or
poultry, carcass,
meat, meat food product or meat by-product meat
product or poultry product until the commissioner determines to
destroy, denature, decharacterize, mutilate, slash or release the
same. Whenever the commissioner is authorized or empowered to
take any of the actions specified in this subsection, he may
order and direct the person having custody or possession of such
animal
or poultry, carcass,
meat, meat food product or meat by-
product meat product or poultry product, or the licensee of the
establishment in which it is found, to be responsible for the
disposition thereof, as well as any necessary storage, handling or other incidentals related thereto. Such disposition shall be
carried out only under the direction and supervision of the
commissioner.
(o) Whenever practicable, the commissioner shall forego the
actions authorized in the immediately preceding subsection and
permit reprocessing if such reprocessing will correct or
eliminate the conditions which would have justified any of such
actions. Any such reprocessing in this state shall be under the
supervision of the commissioner.
(p) Whenever the commissioner has good cause to believe that
any carcass,
meat, meat food product or meat by-product meat
product or poultry product whether fresh, frozen,
cured or
otherwise prepared processed, and which is intended to be sold or
offered for sale through a commercial outlet or distributor, may
be adulterated or otherwise injurious to health, he
or she may
inspect or reinspect the same under the provisions of this
article and any reasonable rules
and regulations promulgated by
him
or her, even though such carcass,
meat, meat food product or
meat by-product meat product or poultry product may have been
previously inspected and passed.
(q) No licensee shall employ in any establishment any person
who has any communicable disease or infected wounds or who is a
carrier of any communicable disease. To enforce the provisions
of this subsection, the commissioner may require any employee or prospective employee to submit to a health examination by a
physician and furnish to the commissioner a certificate from such
physician concerning his findings. The cost of conducting such
examination and furnishing such certificate shall be borne by the
licensee concerned.
(r) Whenever the commissioner inspects any room,
compartment, equipment or utensil in any establishment subject to
state inspection and finds the same not to be clean and sanitary
or finds the same to be otherwise unsuitable for the slaughtering
or processing operations carried on in such establishment, he
or
she shall affix thereto a rejection tag or rejection notice. No
such rejected room, compartment, equipment or utensil shall be
used until the deficiencies requiring such rejection shall have
been fully and completely corrected and the rejection tag or
rejection notice has been removed. No person other than the
commissioner shall remove any such rejection tag or notice.
(s) When any animal, carcass,
meat, meat food product or
meat by-product meat product or poultry product has been
inspected hereunder, the appropriate official inspection mark
shall be affixed thereto, and no person shall remove the same
unless authorized so to do by the commissioner.
§19-2B-8. Exemptions.
(a) In order to accomplish the objectives of this article,
the commissioner may by reasonable rules
and regulations exempt from inspection:
(i) Any commercial dealer, provided all carcasses,
meat,
meat food products and meat by-products meat products or poultry
products sold or offered for sale by such dealer were slaughtered
and/or processed in commercial establishments under state
inspection or have been inspected and passed by the United States
department of agriculture
or have been approved by the United
States department of agriculture and shall be
prepared,
identified, labeled and sold in normal retail quantities as
prescribed by reasonable rules
and regulations promulgated by the
commissioner;
(ii) The slaughtering by any person of animals of his own
raising, and the preparation by him of the carcasses,
meat, meat
food products and meat by-products meat products or poultry
products of such animals exclusively for use by him and members
of his household and his nonpaying guests and employees; or
custom slaughtered animals, by a custom slaughterer, delivered by
the owner thereof for such slaughter and the preparation by such
slaughterer or custom processor of the carcasses,
meat, meat food
products and meat by-products meat products or poultry products
of such animals, exclusively for use, in the household of such
owner, by him and members of his household and his nonpaying
guests and employees:
Provided, That the custom slaughterer or
custom processor is not handling adulterated carcasses,
meat, meat food products and meat by-products; meat products and
poultry products; maintains identity of carcasses,
meat, meat
food products and meat by-products; meat products and poultry
products; and maintains acceptable sanitation and operational
controls as prescribed by reasonable rules
and regulations
promulgated by the commissioner;
(iii) Antemortem and postmortem inspection of a licensed
custom slaughterer;
(iv) Any other operations which the commissioner may
determine would best be exempted to further the purposes of this
article, to the extent such exemptions conform to the federal
Meat Inspection Act and the federal Poultry Products Inspection
Act as amended from time to time and the regulations thereunder;
(b) Any institution operated by the state requiring
inspection under this article shall be exempt from the licensing
fee as required by section four of said article.
§19-2B-9. Hearings; judicial review.
(a) When any person is entitled to a hearing before the
commissioner as authorized in this article, the commissioner
shall hold such hearing and all of the pertinent provisions of
article five, chapter twenty-nine-a of this code shall apply to
and govern such hearing and the administrative procedures in
connection with and following such hearing, with like effect as
if the provisions of said article five were set forth in extenso in this subsection, except that the hearing shall be held in the
county in which the establishment involved is located, or in
which the affected person resides or has his principal place of
business, or in Kanawha county, West Virginia, at the election of
the
person demanding the hearing commissioner. Any such hearing
shall be held within the time limits hereinbefore specified in
this article, unless there is a postponement or a continuance for
good cause shown.
(b) For the purpose of any such hearing, the commissioner
shall have the power and authority to issue subpoenas and
subpoenas duces tecum, in accordance with the provisions of
section one, article five, chapter twenty-nine-a of this code.
All subpoenas and subpoenas duces tecum shall be issued and
served within the time and for the fees and shall be enforced, as
specified in section one, article five of said chapter
twenty-nine-a, and all of the said section one provisions dealing
with subpoenas and subpoenas duces tecum shall apply to subpoenas
and subpoenas duces tecum issued for the purpose of a hearing
hereunder. At any such hearing, the person who demanded the same
may represent himself or be represented by an attorney-at-law
admitted to practice before any circuit court of this state.
(c) After such hearing and consideration of all the
testimony, evidence and record in the case, the commissioner
shall make and enter an order deciding the matter in question. Such order shall be accompanied by findings of fact and
conclusions of law as specified in section three, article five,
chapter twenty-nine-a of this code, and a copy of such order and
accompanying findings and conclusions shall be served upon all
the parties and their attorneys of record, if any, in person or
by registered or certified mail. The commissioner shall also
cause a notice to be served with a copy of such order, which
notice shall advise the parties of their right to judicial
review, in accordance with the provisions of subsection (d) of
this section. The order of the commissioner shall be final
unless vacated or modified upon judicial review thereof in
accordance with the provisions of subsection (d) of this section.
(d) Any party adversely affected by a final order made and
entered by the commissioner after such hearing, held in
accordance with the provisions of subsections (a) through (c) of
this section, is entitled to judicial review thereof. All of the
pertinent provisions of section four, article five, chapter
twenty-nine-a of this code shall apply to and govern such review
with like effect as if the provisions of said section four were
set forth in extenso in this subsection, except that the petition
shall be filed in the circuit court of the county in which the
hearing before the commissioner was held.
(e) The judgment of the circuit court shall be final unless
reversed, vacated or modified on appeal to the supreme court of appeals in accordance with the provisions of section one, article
six, chapter twenty-nine-a of this code.
§19-2B-10. Additional prohibitions.
In addition to any other prohibitions contained in this
article, it shall be unlawful:
(a) For any person to operate any establishment under state
inspection which is not clean and sanitary;
(b) To slaughter any adulterated animal intended to be sold
or offered for sale through a commercial outlet or distributor;
(c) To sell or offer for sale through a commercial outlet or
distributor any carcass,
meat, meat food product or meat by-
product meat product or poultry product for human consumption
which is adulterated;
(d) To slaughter for human consumption any animal tagged or
permanently identified as "W. Va. condemned," or abbreviation
thereof;
(e) To process, sell or offer for sale for human consumption
any carcass,
meat, meat food product or meat by-product meat
product or poultry product which is mislabeled with intent to
deceive or which is marked "W. Va. inspected and condemned," or
abbreviation thereof;
(f) To process in an establishment under state inspection
for sale through any commercial outlet or distributor any
carcass,
meat, meat food product or meat by-product meat product or poultry product intended for human consumption and derived in
whole or in part from any calf, pig, kid or lamb which is so
immature as to be lacking in nutritional value;
(g) To knowingly or intentionally expose any carcass,
meat,
meat food product or meat by-product meat product and poultry
product in any establishment under state inspection to insects,
live animals or any contamination;
(h) To add kangaroo meat, horse meat, mule meat or other
equine meat to any animal meat,
or meat food product or meat by-
product meat product or poultry product derived from animals and
to be sold or offered for sale through commercial outlets or
distributors for human consumption;
(i) To remove any hide, skin or any other part of an unborn
or stillborn animal in the confines of a room in an establishment
where any animals, carcasses,
meat, meat food products or meat
by-products meat products or poultry products are slaughtered or
processed, as the case may be, or to be sold or offered for sale
through a commercial outlet or distributor;
(j) To process for human consumption in any establishment
subject to state inspection any carcass,
meat, meat food product
or meat by-product meat product and poultry product derived from
any animal which died other than by slaughter;
(k) To transport to any commercial outlet or distributor for
the purpose of being sold or offered for sale therein, any carcass,
meat, meat food product or meat by-product meat product
or poultry product which is not marked, branded or stamped as
having been inspected and passed by the commissioner or by the
United States department of agriculture
or which has not been
approved by the United States department of agriculture;
(l) For any commercial outlet or distributor to receive, for
the purpose of being sold or offered for sale therein, any
carcass,
meat, meat food product or meat by-product meat product
or poultry product which is not marked, branded or stamped as
having been inspected and passed by the commissioner or by the
United States department of agriculture
or which has not been
approved by the United States department of agriculture;
(m) To slaughter any horse, mule or other equine in any
establishment under state inspection in which animals are
slaughtered for human consumption for the purpose of being sold
or offered for sale through commercial outlets;
(n) To bring any kangaroo meat, horse meat, mule meat or
other equine meat into any establishment under state inspection
where animal carcasses,
meat, meat food products or meat
by-products meat products or poultry products are processed for
human consumption for the purpose of being sold or offered for
sale through commercial outlets;
(o) To transport, process, sell or offer for sale any
kangaroo meat, horse meat, mule meat or other equine meat within this state for human consumption unless it is conspicuously and
plainly identified or stamped as such;
(p) For any person to use an establishment number not
assigned to him
or her or to use an establishment number in
connection with operations concerning which a different
establishment number was assigned by the commissioner;
(q) To remove from any article any retained tag affixed by
the commissioner, unless such removal is authorized by him
or
her;
(r) To remove from any room, compartment, equipment or
utensil any rejection tag or rejection notice affixed by the
commissioner, unless such removal is authorized by him or her;
(r) (s) For a licensee to use any container bearing an
official inspection mark unless it contains the exact carcass,
meat, meat food product or meat by-product meat product or
poultry product which was in the container at the time such
contents were inspected and passed:
Provided, That such a
container may be otherwise used if such official inspection mark
thereon is removed, obliterated or destroyed, and such other use
is authorized by reasonable rules
and regulations promulgated by
the commissioner;
(s) (t) For any person, other than the commissioner, to
possess, keep or use, except as authorized by the commissioner,
any meat label or device for the affixing of a mark, brand or stamp prescribed for inspection purposes hereunder;
(t) (u) For any person, with intent to deceive, to possess,
keep or use any
meat label, mark, brand or stamp similar in
character or import to an official
meat label, mark, brand or
stamp prescribed by the commissioner hereunder or to an official
meat label, mark, brand or stamp used by the United States
department of agriculture;
(u) (v) To falsely make, falsely issue, falsely publish,
alter, forge, simulate or counterfeit any inspection certificate,
memorandum,
meat label, mark, brand, or stamp, or device for
making an inspection mark, brand or stamp, or to possess, keep or
use the same, with intent to deceive;
(v) (w) For any person to refuse to permit the commissioner
to enter and inspect at any time, upon presentation of
appropriate credentials, an establishment under state inspection,
or to interfere with any such lawful entry or inspection;
(w) (x) For any person to refuse to permit the commissioner,
upon presentation of appropriate credentials, to examine and copy
the records described in section five of this article;
(x) (y) For a person to prevent or fail to decharacterize or
denature carcasses,
meat or meat food products meat products or
poultry products as prescribed by reasonable rules
and
regulations promulgated by the commissioner;
(y) (z) For a person to transport offal, blood, or inedible and condemned parts of animal
and poultry bodies carcasses from
slaughterhouses,
meat processing plants or other related
industries:
Provided, That such products may be transported if
placed in suitable containers with tight covers, or watertight
tanks so as not to contaminate the public highways or private
roadways while going to or from the points of pickup;
(z) (aa) For a person to store offal, blood, or inedible and
condemned parts of animal
bodies and poultry carcasses from
slaughterhouses,
meat processing plants or other related
industries during interim transit movement in refrigerated
warehouses, food lockers or other related industries:
Provided,
That such products may be otherwise stored if properly marked
"NOT FOR HUMAN FOOD""FOR ANIMAL FOOD ONLY" and identified as
approved products to be used for animal food;
(aa) (bb) For a person knowingly to purchase or deliver, or
both, a 4-D animal to an establishment in this state;
(bb) (cc) For any person to transport carcasses,
meat, meat
food products or meat by-products meat products and poultry
products that are intended for human consumption in a manner
which would permit the products to become adulterated;
(cc) (dd) For any person who forcibly assaults, resists,
opposes, impedes, intimidates, or interferes with the
commissioner or his
or her representative while engaged in or on
account of the performances of his
or her official duties.
§19-2B-11. Penalties.
(a) Any person who shall violate any of the provisions of
this article shall be guilty of a misdemeanor, and, upon
conviction thereof, shall for the first offense be fined not less
than
fifty two hundred nor more than
five hundred one thousand
dollars and upon conviction of each subsequent offense shall be
fined not less than
one four hundred nor more than
one two
thousand dollars.
(b) If such a person knowingly sells, offers for sale or
distribution, or attempts to sell, offers for sale or
distribution of a carcass, meat product or poultry product that
is contaminated with pathogenic microorganisms or otherwise
adulterated, such a person shall be guilty of a misdemeanor, and
upon conviction thereof, shall be fined not less than five
thousand dollars nor more than ten thousand dollars upon
conviction of each offense.
NOTE: The purpose of this bill is to require the regulation
of poultry as well as meat, and to increase the penalties for
violation of article two-b, chapter nineteen.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.