W. Va. Code R. § 61-23B-7

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

Section 61-23B-7 - Prohibited Acts

7.1. It is unlawful to:

7.1.a. Produce, hold, transport, sell or offer for sale shellfish in violation of this rule;

7.1.b. Sell or offer for sale shellfish for human consumption which is adulterated or not wholesome;

7.1.c. Remove any tag or order affixed by the commissioner, unless the removal is authorized by him or her;

7.1.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;

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

7.1.f. Remove or dispose of detained, embargoed, or quarantined shellfish by sale or otherwise without the permission of the commissioner or the courts;

7.1.g. Continue shellfish operations until released from the embargo or cease and desist order issued by the commissioner or the courts;

7.1.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 as List published by the U.S. Food and Drug Administration;

7.1.i. Sell or offer for sale shellfish, 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"; or

7.1.j. Process shellfish for sale unless the processor has a valid certificate and has been inspected by the commissioner or his or her designee.

W. Va. Code R. § 61-23B-7