Current through Register Vol. XLI, No. 50, December 13, 2024
Section 61-10-9 - Construction of Rules to Further Public Policy9.1. These rules shall be construed broadly to further the public policy set forth in the Fresh Food Act. In the event of question of eligibility or any form of ambiguity, the Commissioner of Agriculture has the authority to decide if identifying the proposed food as a West Virginia food will benefit the West Virginia agricultural economy.9.2. These rules shall not be construed to allow West Virginia entities to resell products produced or grown outside of West Virginia's borders that have been subject to only minimal processing in order to satisfy the provisions of the Fresh Food Act.9.3. These rules shall not be construed to prevent producers from purchasing agricultural inputs from out-of-state vendors. Inputs may include but are not limited to feed, seed, fertilizer, plugs, seedlings, chicks, livestock, or other inputs for West Virginia foods.9.4. Any contract for the purchase of food entered into by a state institution must contain a provision requiring five percent of the food purchased be West Virginia foods. 9.4.a. If a state entity has qualified for the phase-in waiver established in section 6.2, the contract may also include such phase-in.9.4.b. Inclusion of phase-in language by a state institution that has not qualified for the phase-in waiver will constitute a violation of the Act.9.5. Any state institution or contractor providing food to a state institution may seek assistance or guidance from the Department concerning whether certain foods or products qualify as West Virginia foods.9.5.a. In the event of question of eligibility or any form of ambiguity, the Commissioner has the authority to decide if the proposed products is of benefit to the West Virginia agricultural economy.9.5.b. State institutions and contracting entities may solicit the assistance of the Department with sourcing West Virginia foods. Requesting assistance does not obligate the Department to identify food sources, nor does it relieve the state institution of the obligation to comply with the Act.9.5.c. The Department may assess state institutions or contracting entities a fee based on Department time and resources spent assisting the state institution or contracting entity.9.6. These rules do not relieve in-state producers from any other requirements mandated by the West Virginia Tax Department, the West Virginia Secretary of State, the State Purchasing Division, or any other applicable legal authority.