W. Va. Code R. § 61-5-5 - Permits; Registration

5.1. Commercial Feed Manufacturing Permit.

5.1.a. Each manufacturer of commercial feed, including customer-formula feed, within the state, subject to the provisions of W. Va. Code § 19-14-5(c), shall complete a "Commercial Feed Manufacturing Permit" application with the following information: the corporate or company name; its location; the mailing address; the phone number; the manager's name; the owner's name; and any other information relevant to the manufacture of any commercial feed requested by the commissioner in order to carry out the provisions of W. Va. Code § 19-14-1 et seq. or this rule. The manufacturer or his or her authorized representative shall sign and date the "Commercial Feed Manufacturing Permit" application under sworn statement. The application shall be accompanied by the fee set forth in Appendix Number 1 - Fees of This Rule.

5.1.b. The fee paid by a manufacturer/guarantor is nonrefundable except if the commissioner refuses the application for a Commercial Feed Manufacturing Permit.

5.2. Commercial Feed Distributor Permit.

5.2.a. Each distributor subject to the provisions of W. Va. Code § 19-14-5(d) shall complete a "Commercial Feed Distributor Permit" application with the following information: the corporate or company name; its locations; the mailing address; the phone number; the contact person; the owner's name and any other information relevant to the distribution of any commercial feed requested by the commissioner in order to carry out the provisions of W. Va. Code § 19-14-1 et seq. or this rule. The distributor or his or her authorized representative shall sign and date the "Commercial Feed Distributor Permit" application under sworn statement. The application shall be accompanied by the fee set forth in Appendix Number 1 - Fees of this rule.

5.2.b. The fee paid by a distributor is nonrefundable except when the commissioner refuses the application for a "Commercial Feed Distributor Permit".

5.3. Commercial Feed Guarantor Permit.

5.3.a. Each person whose name appears on the label of commercial feed or customer-formula feed as the guarantor subject to the provisions of W. Va. Code § 19-14-5(e), shall complete a "Commercial Feed Guarantor Permit" application for each manufacturing facility or location distributing feed in or into the state, except those persons that have obtained a "Commercial Feed Manufacturing Permit." The application shall include: the corporate or company name; its location; the mailing address; the phone number; the contact person; the owner's name; and any other information relevant to the manufacture of any commercial feed requested by the commissioner in order to carry out the provisions of W. Va. Code § 19-14-1 et seq. or this rule. The guarantor or his or her authorized representative shall sign and date the "Commercial Feed Guarantor Permit" application under sworn statement. The application shall be accompanied by the fee set forth in Appendix Number 1 - Fees of This Rule.

5.3.b. The fee paid by a guarantor or his or her authorized representative is nonrefundable except when the commissioner refuses the application for a "Commercial Feed Guarantor Permit".

5.4. Pet Food and/or Specialty Pet Food Product Registration.

5.4.a. Each person registering a pet food and/or specialty pet food product shall complete a Pet Food and/or Specialty Pet Food Product Registration application with the following information: the corporate or company name; its location; the mailing address; the phone number; the contact person; the owner's name; and the brand and product name of each feed to be registered. The commissioner may request additional information in order to carry out the provisions of W. Va. Code § 19-14-1 et seq. or this rule. The application shall be accompanied by the fee set forth in Appendix Number 2 1- Fees of This Rule. Pet food and/or specialty pet food products shall be registered annually.

5.4.a.1. A label for each product shall accompany the Pet Food and/or Specialty Pet Food_Product Registration application.

5.4.a.2. The guarantor or his or her authorized representative shall sign and date the Pet Food_and/or Specialty Pet Food Product Registration application under sworn statement.

5.4.b. The commissioner shall not consider commercial feeds generally manufactured for and categorized for non-pet use (i.e., horses, pigs, sheep, goats, trout, duck and others) or for wild animal use (i.e., wild bird food) as pet food. The commissioner shall determine the category of other products as pet food or non-pet food on a case-by-case basis.

5.4.c. An individual pet food and/or specialty pet food product registration is required for each pet food biscuit or rawhide chew manufactured in different sizes, such as small, medium, large, or a pet food and/or specialty pet food product manufactured in different forms, such as pellets, crumbles or mash. The guarantor shall provide labels for each product when applying for registration.

5.4.d. The fee paid by a guarantor is nonrefundable except when the commissioner refuses the application for a pet food and/or specialty pet food product registration in whole or in part.

5.4.e. The guarantor shall notify the commissioner when a product is discontinued or removed from distribution in this state. The guarantor shall maintain registration for a product no longer distributed in this state for one additional registration period to allow for the sale or removal of the product on the shelves or the guarantor shall immediately withdraw the product from distribution. After that period, the commissioner may hold the guarantor, the distributor or the person offering the product for sale responsible for complying with W. Va. Code § 19-14-5(e) and this rule.

5.4.f. Prior to approval of a registration application or approval of a label for a pet food and/or_specialty pet food product which contains additives (including drugs, other special purpose additives, or non-nutritive additives), the commissioner may require the guarantor to submit evidence to prove the safety and efficacy of the commercial feed when used according to the directions furnished on the label.

5.4.g. If a pet food or specialty pet food product requires minor label revisions to conform to labeling requirements, the commissioner shall register the product conditionally for the current registration period. However, if a label requires major revisions, the commissioner shall withhold the product from registration pending revision of the labeling. The commissioner shall offer an applicant adversely affected by the Commissioner's decision an opportunity for a hearing in this matter pursuant to W. Va. Code § 19-14-7.

5.4.g.1. Minor revisions are those items that are necessary to conform to W. Va. Code § 19-14-8, but, without correction, are not likely to cause the purchaser of the product to be misinformed, such as the guaranteed analysis being listed out of order.

5.4.g.2. Major revisions may include, but are not limited to, misleading and/or contradictory claims on the label, a misleading product name or other revisions that may mislead or misinform a purchaser.

5.4.h. When pet food or specialty pet food labels are changed by the manufacturer of its own accord, the guarantor shall submit a new application for a revision to the registration. The commissioner shall waive the application fee for any label revision that involves a change in the net weight or a change in the list of ingredients.

5.4.i. The commissioner shall not require registration of any pet chew, bone, toy or exerciser (of any shape or size) made of rawhide, wood or man-made material, whether flavor-coated or unflavored, unless the guarantor makes a claim on the product label or labeling that the product is intended for use as an animal food, or that the product provides anything of nutritional value to the animal.

5.5. The penalty set forth in Appendix Number 2 1 - Fees Of This Rule shall be added to the fee for all permits or registrations that are not applied for or renewed within the time limit.

Notes

W. Va. Code R. § 61-5-5