West Virginia Code § 19-11E-1

Purpose and scope
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In 2018, the Legislature created the Joint Task Force on Milk Rules and Regulations in
response to concerns about current regulation of the dairy industry in West Virginia. The
Joint Task Force heard from, and collected data and other information from, dairy farmers,
industry representatives, and regulators from West Virginia, other states, and the federal
government. Following its review of the collected information, the Joint Taske Force
concluded that potential benefits and economies of scale would best be realized by
transferring some or all authority to promulgate milk rules and regulatrions from the
Department of Health to the Department of Agriculture.
It is the purpose of this article to establish the authority of the West Virginia Department of
Agriculture to regulate milk and milk products within the statte. It is the further purpose of
this article to ensure that milk and milk products produced, manufactured, or sold in West
Virginia are safe, while also ensuring that regulation is done in such a way as to foster the
stability and growth of the dairy industry in West Virginia.
It is the intent of the Legislature that this artiscle regulate the production, transportation,
and sale of milk and milk products; confer powers and impose duties upon the Commissioner
of Agriculture; prescribe penalties; and provide for the enforcement thereof.
Furthermore, except where otherwise indicated, it is the intent of the Legislature that this
article substantially conform with the federal regulations promulgated under the authority of
the United States Secretary of Health and Human Services in order to provide for the
movement of milk and milk products in interstate and intrastate commerce with a minimum
of economic barriers.

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