Bill Text: WV SB578 | 2025 | Regular Session | Introduced
Bill Title: Relating to pet food packages
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced) 2025-02-24 - To Agriculture [SB578 Detail]
Download: West_Virginia-2025-SB578-Introduced.html
WEST VIRGINIA LEGISLATURE
2025 REGULAR SESSION
FISCAL NOTE
Introduced
Senate Bill 578
By Senator Grady
[Introduced February 24, 2025; referred
to the Committee on Agriculture; and then to the Committee on Finance]
A BILL to amend and reenact §19-14-5 of the Code of West Virginia, 1931, as amended, relating to removing the sunset provisions on requiring an additional registration fee for a permit to sell or market commercial pet food, set to expire June 1, 2027 and June 30, 2027.
Be it enacted by the Legislature of West Virginia:
ARTICLE 14. WEST VIRGINIA COMMERCIAL FEED LAW.
§19-14-5. Permits; registration.
(a) Permits and registrations shall not be transferrable with respect to persons or locations.
(b) A person must apply for a permit or registration at least 30 days prior to the expiration of the current permit or registration; or at least 30 days prior to the date that the person intends to engage in the business of selling or marketing commercial feed products in this state. All applications shall be accompanied by the required fee. A penalty shall be added to the fee for all permits or registrations that are not applied for or renewed within the time limit.
(d) Each person distributing commercial feed in West Virginia must obtain a Commercial Feed Distributor Permit from the commissioner, except: (1) Persons distributing pet food exclusively, (2) persons holding a valid Commercial Feed Manufacturing Permit issued by the commissioner, and (3) persons holding a Commercial Feed Guarantor Permit issued by the commissioner. Application forms shall be provided by the commissioner and include such information as established by rules. Each Commercial Feed Distributor Permit application shall be accompanied by the required application fee. Each permit issued shall expire on December 31, next following the date of issue.
(e) Each person whose name appears on the label of a commercial feed or customer-formula feed as guarantor must obtain a Commercial Feed Guarantor Permit from the commissioner for each manufacturing facility or location that distributes feed in or into the state, except those facilities or locations for which a Commercial Feed Manufacturing Permit has already been issued by the commissioner. Application forms shall be provided by the commissioner and include such information as established by rules. Each Commercial Feed Guarantor Permit application shall be accompanied by the required application fee. Each permit issued shall expire on December 31, next following the date of issue.
(f) Pet food in packages over 10 pounds or bulk shall be registered annually. Each application for registration shall be accompanied by the required registration fee. Each registration shall expire on August 31 next following the date of issue: Provided, That until June 30, 2027, an additional registration fee of $50 per product shall accompany each application for registration and the additional registration fee shall be deposited into the West Virginia Spay Neuter Assistance Fund for spay and neutering services performed within this state by licensed veterinarians.
(g) Pet food packaged in packages of 10 pounds and under shall be registered annually. Each application for registration shall be accompanied by the required registration fee. Each registration shall expire on December 31, next following the date of issue: Provided, That until June 1, 2027, an additional registration fee of $35 per product shall accompany each application for registration and the additional registration fee shall be deposited into the West Virginia Spay Neuter Assistance Fund for spay and neutering services performed within this state by licensed veterinarians.
(h) Specialty pet food shall be registered annually. Each application for registration shall be accompanied by the required registration fee. Each registration shall expire on December 31, next following the date of issue.
(i) A person is not required to register any brand name or product name of commercial feed which is already registered by another person.
(j) Alteration of a pet food or specialty pet food that changes the label requires a new application for registration be made and approved before distribution.
NOTE: The purpose of this bill is to remove the sunset provisions on requiring an additional registration fee for a permit to sell or market commercial pet food, set to expire June 1, 2027 and June 30, 2027.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
