NOTE: During the 2017 Regular Session of the Legislature, this section was amended by both House Bill 2948 and Senate Bill 419 and there has been no judicial ruling to determine which, if either, amendments prevail. Both versions are provided here.
As amended by House Bill 2948:
(a) Any sterilization process used in connection herewith shall be approved by the commissioner. Every person desiring to operate such sterilization process shall first obtain a numbered permit from the commissioner and shall not operate such process unless such permit is kept conspicuously posted in his or her establishment. Application for such permit shall be accompanied by the specifications for the sterilization process to be employed by the applicant, in such form as the commissioner shall require. The commissioner shall take final action upon all completed permit applications within thirty days of receipt if the application is uncontested, or within ninety days if the application is contested. Such permit shall expire one year from date of issue.
(b) The commissioner may revoke or suspend any permit for violation of the provisions of this article. Upon notification of such revocation or suspension, the person to whom the permit was issued, or his or her successor or assignee, shall forthwith return such permit to the commissioner.
As amended by Senate Bill 419:
(a) Any sterilization process used in connection herewith shall be approved by the commissioner. Every person desiring to operate such sterilization process shall first obtain a numbered permit from the commissioner and shall not operate such process unless such permit is kept conspicuously posted in his or her establishment. Application for such permit shall be accompanied by the specifications for the sterilization process to be employed by the applicant, in such form as the commissioner shall require. Such permit shall expire one year from date of issue.
(b) The commissioner may revoke or suspend any permit for violation of the provisions of this article. Upon notification of such revocation or suspension, the person to whom the permit was issued, or his or her successor or assignee, shall forthwith return such permit to the commissioner.
Structure West Virginia Code
Chapter 47. Regulation of Trade
Article 1A. Regulation and Control of Bedding and Upholstery Businesses
§47-1A-4. Bedding and Filling Material Exposed to Disease to Be Sterilized and Tagged Before Sale
§47-1A-5. Filling Material From Any Animal or Fowl or Unsanitary Material to Be Sterilized
§47-1A-6. Secondhand Filling Material to Be Sterilized
§47-1A-7. Registration by Sellers of Bedding or Filling Material Required
§47-1A-8. Altering, Defacing or Removing Tag or Stamp
§47-1A-9. Counterfeiting Stamps or Permits
§47-1A-10. Sterilization Processes; Permits; Fees
§47-1A-11. Statements Required on Tags to Be Affixed to Bedding
§47-1A-12. Tags to Be Approved by Commissioner; Material, Color, Form and Size of Tags
§47-1A-14. Annual Registration and Permit Fees
§47-1A-15. Organization of Bedding Division; Rules and Regulations; Enforcement of Article
§47-1A-17. Power of Inspection and Seizure; Obstruction of Commissioner or Employees Prohibited