West Virginia Code § 19-12F-5

Rule-making authority
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(a) The commissioner shall propose legislative rules for promulgation in accordance with
§29A-3-1 et seq. of this code that include, but are not limited to:
(1) Issuance of permits to persons who wish to manufacture, process, distribute, offer for
sale, or sell kratom;
(2) Sampling and testing of kratom to determine purity levels;
(3) Supervision of the kratom during its manufacture, processing, and sale;
(4) Assessment of fees that are commensurate with the costs of the Commissioner of
Agriculture's activities in permitting, testing, and supervising the regulation of kratom and
the sale of kratom products; a
(5) The production, processing, sale, possession, distribution, or transport of kratom
products;
(6) Developing standards for the labeling of kratom products to include, at a minimum, a
statement which says "KEEP OUT OF REACH OF CHILDREN. CONSULT YOUR PHYSICIAN
BEFORE USE IF YOU ARE PREGNANT OR TAKING ANY MEDICATION";
(7) Developing guidelines or steandards related to the display or staging of kratom products
to increase the safety of underage patrons in retail environments;
(8) Developing prohibitive standards as to child targeted packaging and shapes and forms of
products;
(9) Developing administrative rules, procedures, and sanctions for violations of this section;
(10W) Any other rules and procedures necessary to carry out the provisions of this article.
(b) The Commissioner of Agriculture and the Alcohol Beverage Control Commissioner may,
pursuant to §29A-3-15 of this code, promulgate such separate or joint emergency rules as
are necessary to effectuate the purposes of this article.

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