West Virginia Code § 16-7-5

Regulations by state Bureau for Public Health as to milk and milk
Open in Lexace · Ask the AI about this section
products.
The West Virginia Bureau for Public Health shall adopt regulations to provide clean and safe
milk and fresh milk products and, when promulgated, these regulations shall be the
minimum requirements to be enforced by local health authorities throughout the state:
Provided, That except in any case where the milk or milk product involved creates, or
appears to create, an imminent hazard to the public health, or in any case of a willful refusal
to permit an authorized inspection, that any regulations promulgated by the Bureau for
Public Health shall provide that prior to any suspension or revocuation of a permit issued to
any dairy farm, milk plant, receiving station, transfer station, and distribution station, the
holder of such permit shall be served with a written notice tot suspend or revoke such permit,
which notice shall specify with particularity the violations in question and afford the holder
reasonable opportunity to correct such violations: Provided, however, That the proposed
order to deny, suspend, or revoke a permit may not be effective until notice in writing has
been delivered to the holder of such permit who shall have 48 hours therefrom in which to
make application to the county health officer fsor a hearing thereon. The county health officer
shall, within 72 hours of receipt of such application, give a notice in writing to the holder of
such permit setting forth the time and place of the hearing and proceed to a hearing to
ascertain the facts of such violation gand upon evidence presented at the hearing shall affirm,
modify, or rescind the proposed order to suspend. A copy of the regulations shall be
furnished to the Commissionere of Agriculture for his or her guidance in performing any
duties with relation to milk and milk products imposed on him or her by law.
Effective July 1, 2019, the Bureau for Public Health may no longer adopt or enforce
regulations to provide clean and safe milk and fresh milk products. Effective July 1, 2019, all
authority to regulate milk and milk products shall be transferred to the Department of
Agriculture.
§16-7-5a
Repealed

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.