Current through Register Vol. XLI, No. 50, December 13, 2024
4.1. All persons distributing or using commercial feed, including retailers, wholesalers, jobbers and brokers are equally responsible for full compliance with the provisions of W. Va. Code §19- 14-1 et seq. Any person who has in his or her possession any unlawful commercial feed is responsible for complying with the law, including registering the commercial feed, paying the tonnage fee, labeling the commercial feed and complying with any other legal requirement, if not met by another person.4.2. The following persons shall also comply with all provisions of W. Va. Code § 19-14-1 et seq. and this rule: 4.2.a. Each person who sells or intends to sell commercial feed directly to a purchaser located within this state via mail-order catalog or electronic announcements used in promoting the sale of feed;4.2.b. Each person who travels out of this state to purchase commercial feed for distribution or resale within this state; and4.2.c. Each person who contacts a final purchaser located within this state, either verbally or in writing, to sell commercial feed.4.3. All human food, stale human food or garbage used as feed is subject to the registration, labeling and inspection fee provisions of W. Va. Code § 19-14-5, 8 and 9 and are subject to the inspection, sampling and analysis provisions of W. Va. Code § 19-14-3.4.4. The commissioner shall not assess a tonnage fee on any commercial feed or feed ingredients used in the manufacture of poultry contract feed.