W. Va. Code R. § 61-23A-11

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

Section 61-23A-11 - Processor Licensing

11.1. All commercial processors in the state of West Virginia shall:

11.1.a. Apply for a fish processing license from the Commissioner;

11.1.b. Submit a HACCP plan to the Commissioner with the request for licensing;

11.1.b.1. After the review of the HACCP Plan is considered adequate, the Commissioner may provisionally approve the HACCP Plan. Once the processor has successfully completed all the other requirements for licensing and has been issued a license, he/she may operate under the provisionally approved HACCP plan. The Commissioner shall review the actual operation of the HACCP plan, and may require revisions as necessary to protect the health and safety of consumers.

11.1.c. Submit for review and approval three(3) complete sets of blueprints or drawings with specifications that fully and clearly illustrate plans to which the applicant proposes to have the facility constructed or modified;

11.1.d. Submit to the West Virginia Department of Agriculture, with the request for licensing, a letter from the State or County Health Authorities stating that the plant' sewage system is acceptable;

11.1.e. Submit to the West Virginia Department of Agriculture, with the request for licensing, a letter from the State or County Health Authorities stating that the plant' potable water supply has been tested and is acceptable;

11.1.f. Submit the fee required in this subdivision along with application for license:

Average Finished

Class	Product Poundage Processed Per Year	Annual Fee
Small	1-25,000	$25.00
Medium	25,001 - 50,000	$50.00
Large	over 50,000	$75.00; and

11.1.g. Submit required materials for each location of processing operations on forms prescribed by the Commissioner.

11.2. Before issuing any license required by the provisions of this rule, the Commissioner shall inspect the applicant's establishment and review the HACCP plan and other license application materials. If the Commissioner is satisfied that the establishment is clean and sanitary, properly equipped, has met the requirements set forth by this rule and all employees are properly trained and have met requirements set forth in this rule, he or she shall issue the license which shall designate the establishment number of the plant.

11.3. Processors are responsible for having potable water supplies retested and certified by local or state health authorities:

11.3.a. Annually for approved public water supplies; and

11.3.b. Every six months for private wells or springs.

11.4. The Commissioner may deny, revoke or suspend any fish processing license when he or she concludes that the seriousness of the violations, including irreparable harm to the environment, hazards to the health and safety of the public and economic damages to the public warrant that action.

11.5. The Commissioner shall not issue a "Fish Processing License" until the applicant has complied with all of the conditions set forth under this section. Once issued, the "Fish Processing License" remains valid unless voluntarily surrendered, suspended or revoked by the Commissioner. Once the Fish Processor License is voluntarily surrendered, or revoked, the processor must reapply and submit all materials required under this section to receive a new license.

W. Va. Code R. § 61-23A-11