Current through Register Vol. XLI, No. 50, December 13, 2024
Section 61-5-17 - Enforcement Policy17.1. First Notice -- If a commercial feed sample does not conform to W. Va. Code § 19-14-1 et seq. or this rule, the commissioner shall issue a first notice to the guarantor of the commercial feed.17.2. Second Notice -- If a commercial feed sample does not conform to W. Va. Code § 19-14-1 et seq. or this rule, subsequent to the assessment of a first notice, the commissioner shall issue a second notice to the guarantor of the commercial feed.17.3. Third Notice -- If a commercial feed sample does not conform to W. Va. Code § 19-14-1 et seq. or this rule, subsequent to the assessment of a second notice, the commissioner shall issue a third notice to the guarantor of the commercial feed. The commissioner shall also issue a general embargo order to the registrant that shall require him or her to remove all lots of that commercial feed from sale and distribution within the state until the embargo is released.17.4. If a resample indicates that the commercial feed is in compliance with W. Va. Code § 19-14-1 et seq. and this rule, then the Commissioner shall cancel all previous notices of violations for that commercial feed.17.5. The commissioner may take other action as considered necessary in order to carry out the provisions of W. Va. Code § 19-14-1 et seq. and this rule.