Current through Register Vol. XLI, No. 52, December 27, 2024
Section 61-4C-4 - Permits4.1. Permits are not transferable with respect to persons or locations.4.2. An applicant for a permit shall complete forms supplied by the commissioner and shall provide any information considered necessary by the commissioner.4.3. A permittee shall post his or her permit prominently at the place of operation.4.4. The Commissioner shall issue a dairy products distributors permit to each person distributing dairy products in this state, even if there is no permanent location maintained in this state. A person maintaining multiple permanent locations in this state or distributing into this state from several locations shall obtain a permit for each location. A person shall apply for a permit at least fifteen days before the date that the current permit expires or within fifteen days of the date that the person intends to engage in business. The application shall be accompanied by a fee of $75.00. The Commissioner shall add a penalty of $100.00 to all permits that are not applied for or renewed within this time limit. Permits expire on the thirty-first day of March following date of issue.4.5. Persons interested in distributing a dairy product which is not covered by a standard of identity shall obtain a temporary marketing permit prior to the distribution.4.6. Persons interested in obtaining a temporary marketing permit for a dairy product shall apply by letter to the commissioner. A label for each product shall be submitted with the letter.4.7. The commissioner has thirty days to review the information in the letter and either issue or deny a temporary marketing permit.4.8. The commissioner shall issue temporary marketing permits valid for a one-year period from the date of issue; however, the commissioner may request information supporting the continued approval of the dairy product in the interim.4.9. If no standard of identity exists at the time of the permit's expiration date, a person may reapply for a temporary marketing permit for the same dairy products. 4.10. The commissioner may suspend the temporary marketing permit at any time when he or she finds that the person or the dairy product is not in compliance with W. Va. Code, §§ 19-11A-1 et seq. or this rule. A dairy product listed on the suspended temporary marketing permit must be removed from distribution in this State by the permittee.4.11. Individuals, churches, fraternal organizations and other organizations distributing or manufacturing product for members of their group or their guests on an intermittent and infrequent basis are exempt from the permitting requirements of W. Va. Code, § 19-11A-3.