W. Va. Code R. § 61-23A-18

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

Section 61-23A-18 - Prohibited Acts

18.1. It is unlawful to:

18.1.a. Produce, hold, transport, sell or offer for sale fish, or fishery products in violation of this rule;

18.1.b. Sell or offer for sale any fish or fishery product for human consumption which is adulterated or not wholesome;

18.1.c. Remove any tag or order affixed by the Commissioner unless the removal is authorized by him or her;

18.1.d. Impede, hinder or otherwise prevent, or attempt to prevent the Commissioner in the performance of his or her duties in connection with the provisions of this rule;

18.1.e. Falsify or falsely log any values on any record or records required by this rule;

18.1.f. Remove or dispose of detained, embargoed, or quarantined fish or fishery products by sale or otherwise without the permission of the Commissioner or the courts;

18.1.g. Continue fish processing operations until released from the embargo or cease and desist order by the Commissioner or the courts;

18.1.h. Process, sell or offer for sale to the public any molluscan shellfish unless it is obtained from a shellfish dealer listed in the most recent monthly publication of the Interstate Certified Shellfish Shippers List published by the U.S. Food and Drug Administration;

18.1.i. Sell or offer for sale fish or fishery products unless the label displays the acceptable market name or common name specified for the species in the most recent publication of "The Seafood List, FDA's Guide to Acceptable Market Names for Seafood Sold In Interstate Commerce"

18.1.j. Process fish or fishery products for sale unless the processor is licensed and inspected by the Commissioner;

18.1.k. Sell or offer for sale, fish or fishery products for human consumption which contain levels of chemicals or drugs in excess of the action levels listed in the tables in this subdivision:

18.1.k.a. Table 1 - Action levels for chemicals in Fish and Fishery products.

Chemical	Action Level
Aldrin plus Dieldrin	0.3 ppm
Chlordane	0.3 ppm
Endrin	0.3 ppm
Heptachlor plus Heptachlor epoxide	0.3 ppm
Chlordecone	0.3 ppm
DDT plus TDE plus DDE	5.0 ppm
Mirex	0.1 ppm
Toxaphene	5.0 ppm
PCB	2.0 ppm
Methyl Mercury	1.0 ppm
Sulfite (Shrimp only)	100.0 ppm

18.1.k.b. Table 2 - Action levels for drugs in Fish and Fishery products.

Drug	Action Level
Oxytetracycline	0.1 ppm
Sulfamerazine	0.0 ppm
Sulfadimethoxine plus ormetoprim	0.1 ppm; or

18.1.l. Slaughter or process products other than fishery products in a licensed fish processing facility.

W. Va. Code R. § 61-23A-18