West Virginia Code 19-2B-8 – Exemptions
(a) In order to accomplish the objectives of this article, the commissioner may by reasonable rules exempt from inspection:
Terms Used In West Virginia Code 19-2B-8
- Adulterated: means and shall apply to any carcass, part thereof, meat product or poultry product under one or more of the following circumstances:
(1) If it bears or contains any poisonous or deleterious substance which may render it injurious to health. See West Virginia Code 19-2B-2
- Antemortem: means before death. See West Virginia Code 19-2B-2
- Commercial dealer: means any person who operates one or more commercial outlets and who sells or offers for sale thereat any carcasses, meat products or poultry products for human consumption, and who does not can, cook, cure, dry, smoke or render any carcass, meat products or poultry products at such outlets and who conducts no slaughtering or preparing of carcasses, meat products or poultry products at such outlets other than boning or cutting up of carcasses, and other than grinding, chopping and mixing operations at such outlets with respect to trim or meat derived only from such boning or cutting up operations. See West Virginia Code 19-2B-2
- Commissioner: means the commissioner of agriculture of the State of West Virginia and duly authorized representatives. See West Virginia Code 19-2B-2
- Custom processor: means a processor in which the carcass, meat products or poultry products derived through processing cannot be sold or offered for sale through a commercial outlet, commercial establishment, distributor, or to an individual. See West Virginia Code 19-2B-2
- Custom slaughterer: means a person engaged for profit in this state in the business of slaughtering animals or poultry for human consumption which are not to be sold or offered for sale through a commercial outlet, commercial establishment, distributor, or to an individual, and shall include the boning or cutting up of carcasses of such animals or poultry and the grinding, chopping and mixing of the carcasses thereof. See West Virginia Code 19-2B-2
- Department: means the Department of Agriculture of the State of West Virginia. See West Virginia Code 19-2B-2
- Meat: means the edible part of the muscle of animals which is skeletal or which is found in the tongue, in the diaphragm, in the heart or in the esophagus, with or without the accompanying or overlying fat, and the portions of bone, skin, sinew nerve and blood vessels which normally accompany the muscle tissue and which are not separated from it in the process of dressing. See West Virginia Code 19-2B-2
- Person: means any individual, partnership, corporation, association, or other entity. See West Virginia Code 19-2B-2
- Postmortem: means after death. See West Virginia Code 19-2B-2
- Poultry: means any domesticated bird which is used or intended to be used for human consumption. See West Virginia Code 19-2B-2
- Processor: means a person who engages for profit in this state in the business of processing carcasses, meat products or poultry products for human consumption. See West Virginia Code 19-2B-2
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
- State inspection: means inspection services conducted by the department at or in connection with establishments required to be licensed by this article. See West Virginia Code 19-2B-2
(1) Any commercial dealer, provided all carcasses, meat products or poultry products sold or offered for sale by such dealer were slaughtered and/or processed in commercial establishments under state inspection or have been inspected and passed by the United States Department of Agriculture and shall be identified, labeled and sold in normal retail quantities as prescribed by reasonable rules promulgated by the commissioner;
(2) The slaughtering by any person of animals of his or her own raising, and the preparation by him or her of the carcasses, meat products or poultry products of such animals exclusively for use by him or her and members of his or her household and his or her nonpaying guests and employees; or custom slaughtered animals, by a custom slaughterer, delivered by the owner thereof for such slaughter and the preparation by such slaughterer or custom processor of the carcasses, meat products or poultry products of such animals, exclusively for use, in the household of such owner, by him or her and members of his or her household and his or her nonpaying guests and employees: Provided, That the custom slaughterer or custom processor is not handling adulterated carcasses, meat products and poultry products; maintains identity of carcasses, meat products and poultry products; and maintains acceptable sanitation and operational controls as prescribed by reasonable rules promulgated by the commissioner;
(3) Antemortem and postmortem inspection of a licensed custom slaughterer;
(4) Any other operations which the commissioner may determine would best be exempted to further the purposes of this article, to the extent such exemptions conform to the federal Meat Inspection Act and the federal Poultry Products Inspection Act as amended from time to time and the regulations thereunder.
(b) Any institution operated by the state requiring inspection under this article shall be exempt from the licensing fee as required by section four of said article.