HB 3000: Relating to agency changes and updates to the West Virginia Commercial Feed Law. - West Virginia

hb3000 hfa clark 3-24 _1 adopted.htm → hb3000 sfat rucker _1 4-4 adopted.htm · 5 edits

MODERATE

The bill moved from House consideration to Senate consideration, with the Senate proposing a significant revision to the bill's title that expands its scope to include multiple sections and adds a new section. The House version focused on a specific amendment to one section regarding distribution language, while the Senate version proposes broader changes including updated definitions, removal of a sunset date for pet food registration fees, clarified feed adulteration standards, and authority for the Commissioner of Agriculture to adopt federal regulations.

Scope change

The bill's scope expanded from a single amendment to multiple code sections (19-14-2, 19-14-5, 19-14-10, 19-14-14) plus a new section (19-14-17), covering West Virginia commercial feed law more comprehensively.

SCOPE

Bill title and scope expanded from a single section amendment to comprehensive feed law updates affecting multiple code sections and adding a new section.

TECHNICAL

House amendment proposal to change 'The distribution of' to 'To distribute' in section 19-14-14 was removed in the Senate version.

TIMELINE

Senate version proposes removing the sunset date for depositing pet food registration fees into the spay neuter assistance fund.

REQUIREMENT

New authority added for Commissioner of Agriculture to promulgate regulations adopting certain federal Food, Drug, and Cosmetic Act regulations.

DEFINITION

Bill now includes updates to definitions within the commercial feed law framework.

hb3000 s gov am _1 4-4 adopted.htm → hb3000 hfa clark 3-24 _1 adopted.htm · 1 edit

MINOR

The bill was amended to fix a grammatical error in the prohibited acts section. The original text incorrectly read 'The distribution of To distribute agricultural commodities...' which was changed to 'To distribute agricultural commodities...' to make the prohibition clear and enforceable.

REQUIREMENT

Corrected a drafting error in §19-14-14(m) that created confusing and unenforceable language by removing the redundant phrase 'The distribution of' before 'To distribute agricultural commodities'.

Committee Substitute → hb3000 s gov am _1 4-4 adopted.htm · 8 edits

MODERATE

The bill was amended to add new definitions for specialty pets and specialty pet food, expand permit requirements for pet food and specialty pet food, and introduce new prohibited acts related to raw milk distribution and labeling. The amendment also adds a severability clause to ensure the remainder of the bill remains valid if any part is ruled unconstitutional.

Scope change

The bill now explicitly includes specialty pets (such as rodents, birds, fish, reptiles, amphibians, ferrets, hedgehogs, marsupials, and rabbits) and specialty pet food under the commercial feed law, expanding its regulatory scope beyond traditional pets like dogs and cats.

DEFINITION

Added new definitions for 'specialty pet' and 'specialty pet food' to include animals like rodents, birds, fish, reptiles, amphibians, ferrets, hedgehogs, marsupials, and rabbits not raised for food or fur.

REQUIREMENT

Added annual registration requirements for pet food in packages over 10 pounds and bulk, with an additional $50 per product fee deposited into the West Virginia Spay Neuter Assistance Fund until June 30, 2027.

Added annual registration requirements for pet food in packages of 10 pounds and under, with an additional $35 per product fee deposited into the West Virginia Spay Neuter Assistance Fund until June 1, 2027.

Added annual registration requirements for specialty pet food with a required registration fee.

ENFORCEMENT

Added a new prohibited act requiring that raw milk distributed as commercial feed must be decharacterized using food coloring, stored separately from human milk products, and meet specific labeling and packaging requirements.

Added a new prohibited act against using or implying the name West Virginia Department of Agriculture on commercial feed labels or referencing inspection findings.

Added a new prohibited act against distributing adulterated agricultural commodities such as whole seed, hay, straw, stover, silage, cobs, husks, and hulls.

TECHNICAL

Added a severability clause to ensure that if any part of the law is found invalid, the remainder of the law remains in effect.

Enrolled Committee Substitute → Committee Substitute · 6 edits

MODERATE

This bill updates West Virginia's commercial feed law by modernizing definitions, clarifying adulteration standards to align with federal regulations, and adding new prohibited acts. It also removes a sunset date for pet food registration fees and adds a severability clause to ensure the law remains valid if parts are challenged in court.

Scope change

The bill expands the scope of regulated definitions to include specialty pets and their foods, clarifies what constitutes adulterated feed to better match federal standards, and adds specific prohibitions on distributing raw milk for animal feed under certain conditions.

DEFINITION

Added new definitions for 'Quantity statement', 'Repack', 'Specialty pet', 'Specialty pet food', and 'Ton' to modernize terminology and clarify regulated categories.

Updated the definition of 'Commercial feed' to clarify exemptions for seeds, hay, and other materials, and corrected a repetition error in the original text.

REQUIREMENT

Added new prohibited acts including requirements to register pet foods, obtain permits, report accurate tonnage, and restrictions on distributing raw milk for animal feed.

Updated adulteration standards to explicitly reference specific sections of the Federal Food, Drug, and Cosmetic Act for safety determinations.

TIMELINE

Removed the sunset date for the deposit of pet food registration fees into the spay neuter assistance fund, making the requirement permanent.

TECHNICAL

Added a severability clause to ensure that if any part of the law is found invalid, the remainder of the law remains in effect.

Engrossed Committee Substitute → Enrolled Committee Substitute · 5 edits · Apr 28, 2025

MODERATE

The bill transitions from an Engrossed Committee Substitute to an Enrolled Committee Substitute, finalizing the text for passage. Substantive changes include adding new definitions for 'specialty pet' and 'repack', clarifying permit requirements for pet food and specialty pet food, and establishing specific sunset dates for pet food registration fees to be deposited into the Spay Neuter Assistance Fund. The bill also adds a new section on prohibited acts and updates the severability clause.

Scope change

The scope of the bill remains focused on commercial feed law, but the applicability of registration fees for pet food and specialty pet food has been clarified with specific expiration dates and fund deposit requirements.

DEFINITION

Added new definitions for 'repack' or 'repackaging' and 'specialty pet' to clarify what constitutes repackaging and which animals fall under specialty pet food regulations.

REQUIREMENT

Clarified permit requirements for pet food and specialty pet food, specifying that pet food over 10 pounds or in bulk must be registered annually with fees deposited into the Spay Neuter Assistance Fund, while pet food 10 pounds and under has a different expiration date.

ENFORCEMENT

Added a new section on prohibited acts, including unlawful distribution of raw milk for animal feed under specific conditions and prohibition of using the Department of Agriculture's name on commercial feed labels.

TIMELINE

Added specific sunset dates for pet food registration fees to be deposited into the Spay Neuter Assistance Fund, with different expiration dates for pet food over 10 pounds (August 31) and 10 pounds and under (December 31).

TECHNICAL

Added a new section on severability to ensure that if any part of the law is found invalid, the remainder of the law remains in effect.

Introduced Version → Engrossed Committee Substitute · 4 edits · Apr 12, 2025

MODERATE

The bill was amended from an introduced version to an engrossed committee substitute version, primarily adding new definitions for specialty pets and pet foods, expanding prohibited acts to include distribution of adulterated agricultural commodities, and adding a severability clause. The text also includes navigation and website footer elements that were not part of the original legislative content.

Scope change

The bill's scope was expanded to include new definitions for specialty pets and specialty pet foods, and to prohibit distribution of adulterated agricultural commodities like whole seeds and hay.

DEFINITION

Added new definitions for 'Product name', 'Quantity statement', 'Repack', 'Specialty pet', 'Specialty pet food', and 'Ton' to clarify regulatory requirements.

REQUIREMENT

Added prohibition against distributing adulterated agricultural commodities such as whole seed, hay, straw, stover, silage, cobs, husks, and hulls.

ENFORCEMENT

Added a severability clause to ensure that if any part of the law is found invalid, the remainder of the law remains in effect.

TECHNICAL

Removed the original bill header information and replaced it with website navigation links and footer content from the legislative website.

Relating to agency changes and updates to the West Virginia Commercial Feed Law.

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