Current through Register Vol. XLI, No. 50, December 13, 2024
Section 61-10-8 - Enforcement Against West Virginia Producers and Sellers of West Virginia Foods8.1. The Commissioner has authority to review purchases and investigate the eligibility of products identified as qualifying as West Virginia foods.8.2. Any seller who fraudulently misrepresents the geographical source of food sold to a state-funded institution, or otherwise engages in deception or other disqualifying practices, shall be barred from participating in the West Virginia Fresh Food Act and its enforcement.8.3. Upon a conclusion that a producer has violated the provisions of section 5.2, the Commissioner shall make products sold by that producer ineligible to be considered West Virginia foods.8.3.a. The period of ineligibility shall be for a minimum of one year from the date on which the order is issued.8.3.b. Upon the conclusion of the ineligibility period, the producer may petition the Commissioner for reinstatement into the program.8.3.c. The Commissioner shall have the sole discretion to effect reinstatement or to continue to bar a seller that has engaged in fraud.8.3.d. The Commissioner may consider the totality of the circumstances in using his or her discretion to grant or deny the petition for reinstatement into the West Virginia Fresh Food Program.8.4. Upon disqualification of products from a producer, or upon the end of their period of disqualification, the Commissioner shall notify the producer liaisons for each state-funded institution to advise them of the action.8.5. A producer aggrieved by the decision of the Commissioner may petition for reconsideration of the decision, either through a written submission or via a hearing before the Commissioner or his or her designee. 8.5.a. Such request must be received within fifteen (15) days of receipt of the Commissioner's adverse determination.8.5.b. The decision of the Commissioner, either after the expiration of the time to petition for a second review or following the final decision following a second review, shall be considered final. State-funded institutions are not eligible for administrative appeals as set forth in W. Va. Code § 29A-5-1et seq.