W. Va. Code R. § 61-28-4

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 61-28-4 - Powers and duties of the Commissioner
4.1. The Commissioner may:
4.1.a. Establish guidelines for the movement of poultry litter into restricted areas;
4.1.a.1. A person shall not transport, move, or sell poultry litter into any area engaged in the production of commercial primary poultry breeder stock.
4.1.a.1(a) Any farm located within the area engaged in the production of commercial primary poultry breeder stock shall be given reasonable consideration to acquire poultry litter being produced by the primary poultry breeder facility within the area.
4.1.a.2. A person shall not move or sell swine manure, into any area engaged in the production of commercial primary poultry breeder stock due to the additional disease risk.
4.1.a.3 A person shall not transport, move, or sell poultry litter, which is a regulated material as defined in this rule, into the county in which the primary poultry breeder facility is located unless the poultry litter being transported has been properly composted for a period of 30 days, and is in compliance with the testing required by this rule.
4.1.b. Require testing and prescribe methods of testing as prescribed by the Commissioner of Agriculture in accordance with § 19-9-2, for the presence of pathogens capable of causing harm to poultry or people.
4.1.b.1 A person shall not move or sell poultry litter into any county engaged in the production of commercial primary poultry breeder stock unless the poultry litter being transported has been certified by the Commissioner to have:
4.1.b.1.(a) originated from a flock that has been tested negative for Avian Influenza pre-movement;
4.1.b.1.(b) originated from a flock that is Mycoplasma free; and
4.1.b.1.(c) been tested at an approved laboratory facility using approved methodology for the absence of salmonella;
4.1.b.2. A person shall not move or sell poultry litter into the county in which the primary breeder facility is located without having in his or her possession the certificate from the Commissioner stating that the poultry litter being transported has been tested within 30 days of its movement.

W. Va. Code R. § 61-28-4