W. Va. Code R. § 61-10-2 - Definitions

2.1. "Commissioner" means the West Virginia Commissioner of Agriculture, or his or her designee.

2.2. "Department" means the West Virginia Department of Agriculture.

2.3. "Fiscal year" means the period from July 1 to June 30 of each year, and corresponds to the time of the state budget adopted by the West Virginia Legislature.

2.4. "Fresh Food Act" or "Act" means the West Virginia Fresh Food Act, codified at W. Va. Code §§ 19-37-1 et seq.

2.5. "Meat" means beef, sheep, goat, venison, fish or other farm-raised animal, other than poultry.

2.6. "Milk or other dairy products" means and includes fluid milk produced by one or more healthy hooved lactating mammals and all products produced from milk with a standard of identity provided for in 21 CFR Part 131 . For purposes of this rule, cheese and other related cheese products shall be included as a milk product.

2.7. "Minimal Processing" means modifications of raw agricultural products that do not change the fundamental characteristics of the product. Examples include, but are not limited to, refrigerating, freezing, peeling, slicing, dicing, cutting, chopping, shucking, grinding, forming ground products into patties without any additives or fillers, drying, dehydrating, washing, packaging, vacuum packing and bagging, adding ascorbic acid or other preservatives to prevent oxidation, butchering livestock and poultry and cleaning fish.

2.8. "Poultry" means any farm-raised bird.

2.9. "Processing" means washing, cleaning, milling, cutting, chopping, heating, pasteurizing, blanching, cooking, canning, freezing, drying, dehydrating, mixing, packaging or other procedures that alter the food from its natural state. This may include the addition of other ingredients to the food, such as preservatives, flavors, nutrients and other food additives or substances approved for use in food products, such as salt, sugars and fats. The term "processing" does not include "minimal processing" for purposes of qualifying as a West Virginia food or West Virginia product.

2.10. "Produce" means minimally processed fruits, vegetables, nuts, legumes or similar products.

2.11. "State-funded Institutions" means facilities, ventures or organizations, such as, but not limited to, schools, colleges, correctional facilities, governmental agencies and state parks, that receive state funding. For purposes of this rule, each department, division, agency, board, commission, or other unit or sub-unit of government is considered to be a separate state-funded institution.

2.12. "West Virginia food distributor" means an individual or business entity with a legal presence in West Virginia that transports, aggregates or resells West Virginia produce, meat or poultry.

2.13. "West Virginia foods" means food products, including but not limited to meat, poultry, produce, milk, or other dairy products, that are either totally grown, produced, or processed in West Virginia, or which have at least 50% of the total value added in West Virginia by in-state producers. Products that have been certified as part of the Department's West Virginia Grown program are presumed to qualify for this designation.

2.14. "West Virginia Producer" means an individual, farm or business entity that produces or processes West Virginia foods within the state of West Virginia.

Notes

W. Va. Code R. § 61-10-2