West Virginia Code
Article 9. Authorization for Miscellaneous Agencies and Boards to Promulgate Legislative Rules
§64-9-1. Commissioner of Agriculture

(a) The legislative rule filed in the State Register on July 19, 2021, authorized under the authority of 19-9A-7 of this code, modified by the Commissioner of Agriculture to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 5, 2021, relating to the Commissioner of Agriculture (Feeding of Untreated Garbage to Swine, 61 CSR 01A), is authorized.
(b) The legislative rule filed in the State Register on July 26, 2021, authorized under the authority of 19-14-3 of this code, modified by the Commissioner of Agriculture to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on January 3, 2022, relating to the Commissioner of Agriculture (Commercial Feed, 61 CSR 05), is authorized with the amendment set forth below:
On page 14, subsection 11.4, after the word "may" by deleting the word "NOT".
(c) The legislative rule filed in the State Register on July 28, 2021, authorized under the authority of 19-11A-10 of this code, modified by the Commissioner of Agriculture to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on August 31, 2021, relating to the Commissioner of Agriculture (Enrichment of Flour and Bread Law Regulations, 61 CSR 07), is authorized.
(d) The legislative rule filed in the State Register on July 28, 2021, authorized under the authority of 19-16-7 of this code, relating to the Commissioner of Agriculture (Fruits and Vegetables: Certification of Potatoes for Seedling Purposes, 61 CSR 08C), is authorized.
(e) The legislative rule filed in the State Register on July 29, 2021, authorized under the authority of 19-37-3 of this code, modified by the Commissioner of Agriculture to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 5, 2021, relating to the Commissioner of Agriculture (Fresh Food Act, 61 CSR 10), is authorized.
(f) The legislative rule filed in the State Register on July 29, 2021, authorized under the authority of 19-2C-3a of this code, modified by the Commissioner of Agriculture to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 5, 2021, relating to the Commissioner of Agriculture (Auctioneers, 61 CSR 11B), is authorized, with the following amendments:
On page 8, subdivision 16.1, by striking "two hundred dollars ($200)" and inserting in lieu thereof "$100";
On page 8 subdivision 16.3, by striking "two hundred dollars ($200)" and inserting in lieu thereof "$100";
On page 9, subdivision 16.6 by striking "two hundred dollars ($200)" and inserting in lieu thereof "$100";
On page 9, subdivision 16.7, by striking "two hundred dollars ($200)" and inserting in lieu thereof "$100".
(g) The legislative rule filed in the State Register on July 30, 2021, authorized under the authority of 19-12E-7 of this code, modified by the Commissioner of Agriculture to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 5, 2021, relating to the Commissioner of Agriculture (Hemp Products, 61 CSR 30), is authorized.
(h) The legislative rule filed in the State Register on July 30, 2021, authorized under the authority of 19-1C-4 of this code, modified by the Commissioner of Agriculture to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on January 3, 2022, relating to the Commissioner of Agriculture (Livestock Care Standards , 61 CSR 31), is authorized with the amendments set forth below:
On page 2, subsection 2.15, by striking out "2018" and inserting in lieu thereof "2020";
On page 6, subdivision 13.2.a., by striking out the "5" and inserting in lieu thereof a "9";
On page 7, subsection 13.12., by striking out the word "and";
On page 7, subsection 13.13., by striking out the period and inserting in lieu thereof a semicolon and the word "or";
On page 7, after subsection 13.13, by adding a new subsection 13.14. to read as follows:
"13.14. Any other widely accepted practices.";
On page 9, subdivision 14.4.p., by striking out the word "and";
On page 9, subdivision 14.4.q., by striking out the period and inserting in lieu thereof a semicolon and the word "or";
On page 9, after subdivision 14.4.q., by adding a new subdivision 14.q.r. to read as follows:
"14.q.r. Any other widely accepted practices.";
On page 11, subdivision 15.6.j., by striking out the word "and";
On page 11, subdivision 15.6.k., by striking out the period and inserting in lieu thereof a semicolon and the word "or";
On page 11, after subdivision 15.6.k. by adding a new subdivision 16.6.l. to read as follows:
"16.6.l. Any other widely accepted practices.";
On page 12, paragraph 16.2.a.6., by striking out the word "and";
On page 12, paragraph 16.2.a.7., by striking out the period and inserting in lieu thereof a semicolon and the word "or";
On page 12, after paragraph 14.2.a.7., by adding a new paragraph 16.2.a.8. to read as follows:
"16.2.a.8. Any other widely accepted practices.";
On page 12, paragraph 16.2.b.7., by striking out the word "and";
On page 12, paragraph 16.2.b.8., by striking out the period and inserting in lieu thereof a semicolon and the word "or";
On page twelve, after paragraph 16.2.b.8. by adding a new paragraph 16.2.b.9. to read as follows:
"16.2.b.9. Any other widely accepted practices.";
On page 12, paragraph 16.2.c.2., by striking out the word "and";
On page 12, paragraph 16.2.c.3., by striking out the period and inserting in lieu thereof a semicolon and the word "or";
On page 12, after paragraph 16.2.c.3., by adding a new paragraph 16.2.c.4. to read as follows:
"16.2.c.4. Any other widely accepted practices.";
On page 13, subdivision 17.3.j., by striking out the word "and";
On page 13, subdivision 17.3.k., by striking out the period and inserting in lieu thereof a semicolon and the word "or";
On page 13, after subdivision 17.3.k., by adding a new subdivision 17.3.l. to read as follows:
"17.3.l. Any other widely accepted practices.";
On page 14, paragraph 18.3.d.2., by striking out the word "and";
On page 14, subdivision 18.3.e., by striking out the period and inserting in lieu thereof a semicolon and the word "or";
And,
On page 14, after subdivision 18.3.e., by adding a new subsection 18.3.f., to read as follows:
"18.3.f. Any other widely accepted practices."
(i) The legislative rule filed in the State Register on July 27, 2021, authorized under the authority of 19-1-11 of this code, modified by the Commissioner of Agriculture to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 5, 2021, relating to the Commissioner of Agriculture (Rural Rehabilitation Program, 61 CSR 33), is authorized.
(j) The legislative rule filed in the State Register on July 19, 2021, authorized under the authority of 11-13DD-5 of this code, modified by the Commissioner of Agriculture to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 5, 2021, relating to the Commissioner of Agriculture (Farm-to-Food Bank Tax Credit, 61 CSR 36), is authorized.
(k) The legislative rule filed in the State Register on July 30, 2021, authorized under the authority of 19-35-4 of this code, modified by the Commissioner of Agriculture to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 5, 2021, relating to the Commissioner of Agriculture (Farmers Markets, 61 CSR 38), is authorized with the amendments set forth below:
On page 11, subdivision 8.1.d by striking out the words "holding a Food Handlers Card;
And,
On page 11, subdivision 8.1.d, after the word "completed" by inserting the words "Better Process Control School or".
(l) The legislative rule filed in the State Register on July 30, 2021, authorized under the authority of 19-16-6 of this code, modified by the Commissioner of Agriculture to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 6, 2021, relating to the Commissioner of Agriculture (Seed Certification, 61 CSR 39), is authorized.