West Virginia Code § 19-39-3

Rulemaking; duplication or conflict with federal law
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(a) The commissioner may propose emergency rules and rules for legislative approval in
accordance with the provisions of §29A-3-1 et seq. of this code to implement the provisions
of this article, which may include, but are not limited to:
(1) Inspection requirements;
(2) Any other labeling information necessary to ensure that a misbranded food product will
not have false, misleading, or inaccurate labeling and that the public will be informed of the
manner of handling required to maintain the food product in a wuholesome condition;
(3) Violations of this article and administrative fines or forfeitures therefor;
(4) Procedures for administrative enforcement of violaations of this article; and
(5) Procedures for appeals of proceedings under this article.
(b) In the event any provision of this article duplicates or conflicts with federal law or
regulation, that provision under this article shall not apply and the federal law or regulation
controls.

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