West Virginia Code § 19-11A-7

Prohibited acts
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(a) No person may distribute, sell, offer for sale, hold for sale or have in his possession with
the intent to sell any dairy product or imitation dairy product which is adulterated or
misbranded within the meaning of this article.
(b) No person may interfere with or prohibit the commissioner from performing the duties of
his office.
(c) No person may fail to comply with the provisions of an embargo order issued under this
article. u
(d) No person may fail to comply with the provisions of a revocation, suspension or denial
order issued under this article.
(e) No person who, in any official capacity, obtains any information under the provisions of
this article that would be considered trade secrets lregarding the quality, source and
disposition of dairy products or imitation dairy products may use this information to his or
her own personal gain.
(f) No person may bring into, send into or receive into this state, distribute within this state
or have in storage dairy products without a valid dairy products distributors permit, except
that retailers are exempt from this requirement.
(g) No person may distribute, sell, offer for sale, hold for sale or have in their possession
with intent to sell, a dairy product or imitation dairy product in a container if the whole or
any part of the item(s) required by this article to be on the label have been altered,
mutilated, destroyed , obliterated, removed, concealed, replaced or otherwise falsely
represented. V
(h) No person may alter or deface any part of the items required by this article to be on the
label after packaging.
(i) No person may offer for sale, transport, or distribution dairy products or imitation dairy
products subsequent to packaging that have been allowed to exceed a temperature of forty-
five degrees Fahrenheit for refrigerated noncultured products or zero degrees Fahrenheit
for frozen products, except that dairy products or imitation dairy products containing active
cultures shall not be allowed to exceed a temperature of fifty degrees Fahrenheit; and
cheeses or imitations of cheeses shall not be allowed to reach temperatures that will allow
for spoilage or mold organisms, other than those mold organisms that may be in the product
as a result of the process used to make the product, to grow on or in the product. Dairy
products or imitation dairy products that have been aseptically processed and hermetically
sealed and dry dairy products or dry imitation dairy products are exempted from the
requirements of this subsection.
(j) No person may transport dairy products or imitation dairy products in a vehicle that has
previously been used to haul a chemical or foreign substance unless such vehicle has been
cleaned according to rules promulgated by the commissioner.
(k) No person may sell or reprocess for human consumption dairy products or imitation dairy
products that are in, or have been in, broken or opened retail packages that have been out of
the possession of the manufacturer. Nothing in this provision prohibits the return of these
containers to the distributor for inspection purposes only. e
(l) No person may distribute or use for human consumption products manufactured from
packaged dairy products or imitation dairy products that have been out of the possession of
the manufacturer. u
(m) No person may distribute or use dairy products or imitation dairy products that have
been repasteurized subsequent to transportation in bulk, except for products that have been
handled in a sanitary manner and maintained at forty-faive degrees Fahrenheit or less prior to
repasteurization.
(n) No person may sell, offer for sale or exposse for sale any product containing milk products
or milk-derived products that are from a herd that does not meet the requirements for
animal health as set by rules promulgated iunder this article.
(o) No person may sell or exchange or have in his possession with intent to sell or exchange
in this state any milk powder originating from any country or area outside the United States
with reported cases of rinderpest, African swine fever or foot and mouth disease unless that
product is imported into this state under conditions set by rules promulgated under this
article.

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