W. Va. Code R. § 61-23-11

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 61-23-11 - Powers and Duties of the Commissioner

11.1. The Commissioner has the power and authority to:

11.1.a. Enter and inspect, during reasonable hours, any aquaculture production area participating in the voluntary inspection program, where fish are produced, sold, stored or transported. The inspection includes, but is not limited to photographing, video taping, verifying, copying and auditing computer files, records and papers relating to the production of fish, as is necessary to determine compliance with this rule and to investigate consumer complaints. The inspection also includes, but is not limited to photographing, video taping, observing, and verifying the premises, vehicles, personnel and activities;

11.1.b. Examine, sample and test water, soil, fish, feed, drugs, pesticides, other ingredients, containers and/or products used or intended for use in the production, storage and/or transportation of fish or fish­ery products for human consumption;

11.1.c. Cooperate with and enter into agreements with governmental agencies of this state and any other states, agencies of the federal government and foreign governments, and private associations in order to carry out the purpose and provisions of this rule;

11.1.d. Detain, embargo or quarantine or issue a cease and desist order by affixing thereto or in the vicinity of the aquaculture production area, holding area or transporting vehicle a tag or other appropriate marking, and giving notice thereof in writing to the producer, holder or transporter. The Commissioner may take this action when:

11.1.d.1. Fish or fishery products have been found by the commissioner to be or are believed to be in violation of the provisions of this rule. Upon confirmation of a violation he or she may condemn and order the fish or fishery product disposed of as necessary to ensure the safety of consumers; or

11.1.d.2. Fish or fishery products have been found by the Commissioner to be or are believed to infected with a fish or human pathogen that the Commissioner concludes could affect other aquaculture areas and wild fish stocks or present a public health hazard. Upon confirmation of the pathogen he or she may condemn and order the fish or fishery products disposed of as necessary to prevent the spread of the pathogen;

11.1.e. Embargo a perishable product, even if the practical result is to bring about the involuntary disposal of the product;

11.1.e.1. The Commissioner shall exercise this power using all reasonable means to determine if the product is adulterated or otherwise not in compliance with this rule in as short a time frame as possible and shall promptly lift the embargo order if the product is found to be in compliance with this rule;

11.1.f. Inspect or copy all records required by this rule. All records required by this rule must be presented to the Commissioner during an on premise inspection;

11.1.g. Inspect all aquaculture water sources and aquaculture production areas producing fish for human food;

11.1.h. Develop appropriate inspection, embargo, quarantine, detainment and other regulatory forms as necessary for the enforcement of this rule; and

11.2. The Commissioner shall provide assistance, education, information, and training on the HACCP system to improve the safety and quality of the aquaculture industry in West Virginia.

11.3. The Commissioner shall appoint member's to the Commissioner's Aquaculture Committee. The Commissioner's Aquaculture Committee shall meet at least annually with the purpose of evaluating the status of aquaculture and making recommendations to the Commissioner concerning aquaculture. The Committee shall consist of four (4) aquaculture producers, one aquaculture processor, two (2) aquaculture educators, and shall be chaired by the Commissioner or his or her designee.

11.4. The Commissioner shall be guided by the analytical results of an official sample when determining whether fish or fishery products conform to this rule and other rules or laws of the state of West Virginia;

W. Va. Code R. § 61-23-11