W. Va. Code R. § 61-23-6 - Drugs, Feed and Color Additives and Pesticides Critical Control Points

6.1. Only drugs approved for food fish aquaculture or listed as low regulatory priority by the U.S. Food and Drug Administration's Center for Veterinary Medicine, used under an Investigational New Animal Drug application or prescribed by a licensed veterinarian following FDA Compliance Policy Guide 7126.06, Extralabel Use of New Animal Drugs in Food-Producing Animals may be used for the production of human food fish. Except that veterinary biological products(vaccines) licensed by the United States Department of Agriculture Animal and Plant Health Inspection Service may be used.

6.2. Pesticides not registered with the U.S. Environmental Protection Agency for the use with fish intended as human food shall not be used in or land applied within 100 feet of aquaculture water sources or aquaculture production areas containing fish in aquaculture production for human food. Aerial application of pesticides not registered with the U.S. Environmental Protection Agency for use with fish intended as human food shall not be made within 500 feet of aquaculture water sources or aquaculture production areas containing fish in aquaculture production for human food.

6.3. A locked cabinet or area shall be maintained and used to store only drugs, medicated feeds and/or pesticides used for the production of fish for human consumption.

6.4. Drugs shall be used in accordance with U.S. Food and Drug Administration regulations and labelling. Feed and color additives shall be used according to U.S. Food and Drug Administration regulations and labelling. Biological veterinary products (vaccines) shall be used in accordance with United States Department of Agriculture's regulations and labelling. Pesticides shall be used in accordance with U.S. Environmental Protection Agency's regulations and labelling.

6.5. A permanent record shall be kept when drugs, pesticides, feed and color additives or medicated feeds are used to produce fish intended as human food. The record shall include the name and dose of any or all drugs, pesticides, feed and color additives, or medicated feeds; the date and/or dates administered and the length of the required withdraw period; the date of sale; the lot number of the fish; and the name and address of the purchaser of the treated fish.

6.6. Aquaculture pesticide use shall otherwise conform to the West Virginia Pesticide Control Act (W. Va. Code '19-16A-1 et seq.).

6.7. Fish and fishery products containing levels of the chemicals listed in this section in excess of action levels set by the Food and Drug Administration in Table 1 will be considered adulterated and subject to embargo or other enforcement action by the Commissioner under this rule.

6.7.a. Table 1 - Action levels for chemicals in fish and fishery products

Chemical	Action Level
Aldrin plus Dieldrin	0.3 ppm
Chlordane	0.3 ppm
Endrin	0.3 ppm
Heptachlor plus
Heptachlor epoxide	0.3 ppm
Chlordecone	0.3 ppm
DDT plus TDE
plus DDE	5.0 ppm
Mirex	0.1 ppm
Toxaphene	5.0 ppm
PCB	2.0 ppm
Methyl Mercury	1.0 ppm
Sulfite	100 ppm

6.8. Fish and fishery products containing levels of the drugs listed in this section in excess of action levels set by the Food and Drug Administration in Table 2 will be considered adulterated and subject to embargo or other enforcement action by the Commissioner under this rule.

6.8.a. Table 2 - Action levels for drugs in fish and fishery products

Drug	Action Level
Oxytetracycline	0.1ppm
Sulfamerazine	0.0 ppm
Sulfadimethoxine
plus ormetoprim	0.1 ppm

Notes

W. Va. Code R. § 61-23-6