H. B. 2206
(By Delegate Doyle)
[Introduced January 14, 1999; referred to the
Committee on Agriculture and Natural Resources.]
A BILL to amend and reenact section seven, article two, chapter
nineteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to agriculture;
marketing agricultural products; prohibiting the sale of
perishable products at full retail price after the packer's
expiration date; and providing a criminal penalty of a fine
for knowingly mislabeling or repacking the products.
Be it enacted by the Legislature of West Virginia:
That section seven, article two, 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 2. MARKETING AGRICULTURAL PRODUCTS.
§19-2-7. Prohibited sales.
(a) It shall be is unlawful for any person to sell, offer or
expose for sale, or exchange or have in his or her possession with intent to sell, offer or expose for sale or exchange any
agricultural product in this state which is:
(1) Infected with any contagious or communicable disease; or
(2) Which consists, in whole or in part, of any filthy,
putrid or decomposed substance; or
(3) Which has been prepared, packed, or held under
unsanitary conditions whereby it may have become contaminated or
rendered injurious to health; or
(4) If it or its container is composed, in whole or in part,
of any poisonous or deleterious substance injurious to health; or
(5) If any valuable constituent has been, in whole or in
part, omitted or abstracted therefrom; or from it;
(6) If any substance has been substituted, wholly or in
part, therefor; or from it;
(7) If damage or inferiority has been concealed in any
manner; or
(8) If its labeling is false or misleading; or
(9) If it is offered for sale under the name of another
food; or
(10) If it is an imitation of another food, unless its label
bears in prominent type the word "imitation"; or
(11) If its container is so made, formed or filled as to be
misleading; or
(12) If the its labeling thereon does not identify the its
producer, manufacturer or handler, thereof and an accurate statement of the quantity of the contents in terms of weight,
measure or numerical count; or
(13) If any substance has been added thereto to it or mixed
or packed therewith with it 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.
(b) Nothing herein contained shall prohibit in this section
prohibits the sale of livestock for immediate slaughter in
accordance with the meat inspection regulations of the United
States department of agriculture.
(c) It is unlawful for any person to sell, offer or expose
for sale, or exchange or have in his or her possession with
intent to sell, offer or expose for sale or exchange any
perishable agricultural product in this state at full retail
price after the processor's or packer's expiration date for that
product has expired. Any person who knowingly mislabels or
repacks any such perishable agricultural product after the
processor's or packer's expiration date for that product has
expired is guilty of a misdemeanor and, upon conviction thereof,
shall be fined one hundred dollars for each item that is
mislabeled or repacked.
NOTE: The purpose of this bill is to prohibit the sale at
full retail price any perishable product after the processor's or
packer's expiration date has expired. It further adds a penalty
of $100.00 for each item that is deliberately mislabeled or
repacked after the expiration date.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
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