W. Va. Code R. § 61-4D-6

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 61-4D-6 - Substantiation of Labeling Claims
6.1. Since there are currently no means of differentiating analytically between naturally occurring BST and recombinant BST and since there are no measurable compositional differences, the following requirements are hereby imposed on any person wishing to label frozen desserts or dairy products according to section 4 of this rule. Each person shall:
6.1.a. Maintain verifiable written documentation of herds participating in the non-rBST-supplementation program to verify this fact. The documentation must include signed certification from the manager of each herd to verify the absence of supplemental rBST use.
6.1.a.1. The documentation must include a tracking system for all herds that produced the milk as well as the milk derived ingredients which are used to make the product for which the claim is made; and
6.1.b. Maintain certifications that all milk from non-rBST herds has been physically segregated from other milk during the time of herd milking, transportation, processing and final packaging with the appropriate labeling. In facilities handling milk from both rBST treated and non-rBST treated cows, records must indicate a complete wash up cycle was accomplished between the use of equipment to process milk from rBST treated cows and the subsequent use of the same equipment to process milk from non-rBST treated cows. Written documentation to verify this fact must be maintained by the person wishing to label their product as coming from cows not treated with rBST.
6.2. All records required under this section must be made available to the Commissioner of Agriculture or his or her designated representative within 24 hours of a request.

W. Va. Code R. § 61-4D-6