Current through Register Vol. XLI, No. 43, October 25, 2024
Section 61-4D-7 - Enforcement Policy7.1. The Commissioner may assess a violation of W. Va. Code ''19-11A-1 et seq., 19-11B-1 et seq. or of this rule against any person believed to be responsible for the violation.7.2. The West Virginia Bureau of Public Health will assist the Commissioner of Agriculture in enforcing this rule as it applies to milk production and processing areas for which the Bureau of Public Health is responsible under West Virginia Code.7.3. The Commissioner may take any enforcement action outlined in W. Va. Code ''19-11A-13 or 19-11B-13.7.4. Any product not labeled in compliance with this rule is considered misbranded and consequently prohibited from sale and subject to enforcement action. 7.4.a. However, the Commissioner may provide a 30 day exemption in order to allow a person to correct the violation.7.4.b. At the end of those 30 days the Commissioner shall embargo any product found in violation of this rule and proceed with further enforcement action as he or she considers necessary.