W. Va. Code R. § 61-4B-12

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 61-4B-12 - Powers and Duties of the Commissioner

12.1. The commissioner shall inspect and sample product from all frozen desserts and imitation frozen desserts manufacturers within the limits of his or her resources.

12.2. The commissioner recommends that each frozen dessert and imitation frozen dessert manufacturer supplement the sampling performed by the commissioner with tests by an independent laboratory.

12.3. All products from frozen dessert and imitation frozen dessert manufacturers taken by the commissioner for testing are considered to be official product samples unless such samples are collected as part of a VCP.

12.3.a. The commissioner may have service samples taken of frozen desserts or imitation frozen desserts, and such service samples are considered to be unofficial. A manufacturer must contact the commissioner to conduct a VCP, and, upon approval of the commissioner, the VCP will be scheduled at the manufacturer's place of business. Those in attendance at a VCP can include owners, management, and/or other necessary individuals. A VCP is not to be used as a replacement for proper training of employees of a manufacturer and is solely intended for educational and/or informational purposes. A VCP fee will apply as set forth in Appendix 1, excluding travel time. No resample fee will be assessed for a VCP. A VCP shall not be conducted more than once every 2 years, unless approved or recommended by the commissioner.

12.4. The commissioner will consider only official samples when applying the enforcement policy.

W. Va. Code R. § 61-4B-12