Current through Register Vol. XLI, No. 50, December 13, 2024
Section 61-8E-2 - Administrative2.1. This rule is for the purpose of implementing W. Va. Code § 19-5a-1 et. seq. pertaining to the Controlled Atmosphere Storage of Apples.2.2. Inspections made and certificates issued by inspectors of the West Virginia Department of Agriculture or comparable inspections of cooperating government inspectors shall be prima facie evidence of compliance or noncompliance with the provision of this article.2.3. The WV-CA number and state lot number shall be shown in letters and numbers not less than one-fourth (1/4) inch in height and shall appear on all master cartons or shipping containers. Such numbers may be shown but are not required on primary consumer containers. Bulk bins and field crates may be identified by means of labels attached to each container when shipped in commerce for repacking as CA fruit, such shipping and repacking must be done under the supervision of a state inspector. Cost of such supervision shall be borne by the applicant.2.4. Any person who owns or operates a controlled atmosphere room or storage building located outside of West Virginia or who engages at a place outside of this State in the business of packing or repacking apples which have been held in controlled atmosphere storage and who intends to or who does market in the State of West Virginia apples so treated and represented as having been exposed to "Controlled Atmosphere Storage't shall be subject to the sane requirements as any person located within this State: Provided, That where such person has registered with the proper authorities in the state of origin and has been licensed and assigned a registration or CA number under the authority of laws or regulations of such state, and such laws are comparable to article five-a, Code of West Virginia, he may engage in West Virginia commerce on the basis of such registration: Provided, That he shall have been issued a federal, federal-state or state certificate certifying compliance with that comparable state law and regulations and that all container markings are consistent with the provisions of the West Virginia CA Law.
2.5. Any person selling or placing in transit for first shipment of delivery any apples designated or identified as CA stored shall furnish an invoice or bill of lading showing the assigned CA number, a state lot number and the number and date of the official certificate certifying the compliance of same.2.6. A licensee shall submit to the commissioner within thirty (30) days after the CA room is filled and sealed, a report showing the quantity, lot or sublot identify by variety of the apples held and the date of sealing. If any apples other than samples are removed prior to the expiration of the minimum holding period or final opening he shall notify the commissioner in writing within three (3) days stating the quantity and identity of the apples removed.