Current through Register Vol. XLI, No. 50, December 13, 2024
Section 61-2A-5 - Penalties5.1. If the Commissioner finds evidence that a vendor is in violation of this rule, the Commissioner may quarantine all honey products from which the sample is taken and shall assess the penalties as provided in W. Va. Code § 19-2-11, shall charge the vendor a penalty to recover the costs of testing and may assess other penalties provided by W. Va. Code § 19-2D-3. 5.1.a. Upon receipt of documentation from the vendor that fulfills packaging and labeling requirements adopted by the State of West Virginia, the Food and Drug Administration and the Federal Trade Commission, pursuant to the Fair Packaging and Labeling Act, 15 United States Code §§ 1451-1461 et seq. and fulfills requirements as set forth in 3.1.a. and W. Va. Code § 19-2D-2, Imitation Honey Product Law, Labeling, the Commissioner may lift the quarantine.5.1.b. In order to protect the beekeeping industry, the Commissioner shall require destruction of the honey product from which the sample is taken if the documentation set forth in subdivision 5.1.a. of this rule is not received within 90 days from notice to the vendor when the sample is taken.