West Virginia Code § 19-28-4

Enforcement of article; authority and duties of commissioner
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(a) The commissioner is hereby charged with the duty of enforcing the provisions of this
article and is hereby authorized and directed to make, amend or rescind rules and orders for
the efficient enforcement of this article.
(b) Whenever the vitamin and mineral requirements set forth in sections two and three of
this article are no longer in conformity with the legally established standards governing the
interstate shipment of enriched flour and enriched white bread or enriched rolls, the
commissioner, in order to maintain uniformity between the intrastate and interstate vitamin
and mineral requirements for the foods within the provisions of tuhis article, and to maintain
and protect the health of the citizens of this state, is authorized and directed to modify or
revise such requirements to conform with amended standardts governing interstate
shipments, and there shall be a presumption that the amended standards governing
interstate shipments actually represent the standards which will promote the health and
well-being of such citizens.
(c) In the event of findings by the commissionser that there is an existing or imminent
shortage of any ingredient required by section two or three of this article, and that because
of such shortage the sale and distribution of flour or white bread or rolls may be impeded by
the enforcement of this article, the cgommissioner shall issue an order, to be effective
immediately upon issuance, permitting the omission of such ingredient from flour or white
bread or rolls and, if he finds iet necessary or appropriate, excepting such foods from labeling
requirements until the further order of the commissioner. Any such findings may be made
without hearing, on the Lbasis of an order or of factual information supplied by the
appropriate federal agency or officer. In the absence of any such order of the appropriate
federal agency or factual information supplied by it, the commissioner on his motion may,
and upon receiving the sworn statement of ten or more persons subject to this article that
they believe such a shortage exists or is imminent shall, within twenty days thereafter hold a
public hearing with respect thereto at which any interested person may present evidence,
andW shall make findings based upon the evidence presented.
Whenever the commissioner has reason to believe that such shortage no longer exists, he
shall hold a public hearing, at which any interested person may present evidence, and he
shall make findings based upon the evidence so presented. If his findings be that such
shortage no longer exists, he shall issue an order to become effective not less than thirty
days after date of issuance, revoking such previous order: Provided, That undisposed floor
stocks of flour on hand at the effective date of such revocation order, or flour manufactured
prior to such effective date, for sale in this state may thereafter be lawfully sold or disposed
of.
(d) All orders and rules adopted by the commissioner pursuant to this article, and within the
limits specified by this article, shall become effective upon a date fixed by the commissioner.
(e) It is the duty of the commissioner to furnish to any person or organization, filing a written
request for such information, a copy of any and all orders or rules, adopted pursuant to this
article, at least ten days prior to the effective date of such orders or rules, and to make
copies of same available to the press. In case any interested person files written objections
to any proposed order or rule, the commissioner shall give an opportunity for a public
hearing upon such order or rule before the same shall become effective.
(f) For the purpose of this article, the commissioner, or such officers or empeloyees under his
supervision as he may designate, is authorized to take samples for analysis and to conduct
examinations and investigations, and to enter, at reasonable times, anyr factory, mill, bakery,
warehouse, shop or establishment where flour, white bread or rolls are manufactured,
processed, packed, sold or held, or any vehicle being used for the transportation thereof, and
to inspect any such place or vehicle and any flour, white bread or rolls therein and all
pertinent equipment, material, containers and labeling. t

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