Current through Register Vol. XLI, No. 50, December 13, 2024
Section 61-10-7 - Enforcement of the Fresh Food Act with State-Funded Institutions7.1. The Commissioner has authority to enforce the provisions of this rule and the Fresh Food Act.7.2. If a state-funded institution is determined to be in violation of the requirements of the Fresh Food Act and has not obtained a waiver from the Commissioner, the Commissioner has the authority to require a state-funded institution to: 7.2.a. Submit to additional and ongoing oversight by the Department;7.2.b. Obtain Department approval prior to entering into any contracts that involve the purchase of food;7.2.c. Pay a fine commensurate with the good faith, or lack thereof, demonstrated by the state-funded institution in attempting to comply with the requirements of the Fresh Food Act; or7.2.d. Engage in any other conduct reasonably believed by the Commissioner to improve the ability of the state-funded institution to comply with the requirements of the Fresh Food Act in future years.7.3. State-funded institutions determined by the Commissioner have insufficient reason to be granted a waiver pursuant to section 6 of this rule shall be considered to be in violation of the Act.7.4. The Department may prepare and provide to the West Virginia Legislature an annual report on the implementation of the Fresh Food Act, including: 7.4.a. A list of state-funded institutions in violation of the Act;7.4.b. A list of waivers provided, and the reason such waivers were granted;7.4.c. A list of waiver applications that were denied or refused; and7.4.d. Any other information deemed relevant by the Commissioner of Agriculture.