W. Va. Code R. § 61-23A-21

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

Section 61-23A-21 - Enforcement Policy

21.1. The Commissioner shall inspect fish processors on a risk assessment basis with the purpose of assuring wholesome, unspoiled and unadulterated fish and fishery products. All processors inspected will receive a grade of "A", "B", "C", or "Unsatisfactory". After an initial inspection processors earning:

21.1.a. A grade of "A" during an inspection will require reinspection at least once every three months;

21.1.b. A grade of "B" during an inspection will require reinspection at least once every two months;

21.1.c. A grade of "C" during an inspection will require reinspection at least once every month;

21.1.d. A grade of "Unsatisfactory" during an inspection shall result in the suspension of the Fish Processing License. When reinspection of the plant results in a grade of C or higher the Commissioner may reinstate the Aquaculture Processing License; and

21.1.e. A grade of "Failure" during an inspection shall result in the revocation of the "Fish Processing License" until the processor successfully reapplies for and is issued a new license.

21.2. In no way is this enforcement policy intended to prohibit the Commissioner from inspecting a producer's facility more frequently in the event that he or she believes it is necessary.

21.3. All fish and fishery products for sale as human food shall be processed and transported according to all provisions of this rule. Fish and fishery products transported or processed by private citizens exclusively for the consumption by themselves, their immediate family, nonpaying guests, and employees, or fish transported in the operation of fish hatcheries by the state of West Virginia or the United States of America are exempt from this rule.

W. Va. Code R. § 61-23A-21