West Virginia § 19-12F-5 Rule-making authority

West Virginia Statutes

§ 19-12F-5 — Rule-making authority

West Virginia § 19-12F-5

Ch. 19AGRICULTURE

Art. 12FSELECT PLANT-BASED DERIVATIVES REGULATION ACT: KRATOM

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Bluebook

W. Va. Code § 19-12F-5 (2026).

Text

(a)The commissioner shall propose legislative rules for promulgation in accordance with §29A-3-1et seq. of this code that include, but are not limited to:

(1)Issuance of permits to persons who wish to manufacture, process, distribute, offer for sale, or sell kratom;

(2)Sampling and testing of kratom to determine purity levels;

(3)Supervision of the kratom during its manufacture, processing, and sale;

(4)Assessment of fees that are commensurate with the costs of the Commissioner of Agriculture’s activities in permitting, testing, and supervising the regulation of kratom and the sale of kratom products;

(5)The production, processing, sale, possession, distribution, or transport of kratom products;

(6)Developing standards for the labeling of kratom products to include, at a minim

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(a) The commissioner shall propose legislative rules for promulgation in accordance with §29A-3-1et seq. of this code that include, but are not limited to:

(1) Issuance of permits to persons who wish to manufacture, process, distribute, offer for sale, or sell kratom;

(2) Sampling and testing of kratom to determine purity levels;

(3) Supervision of the kratom during its manufacture, processing, and sale;

(4) Assessment of fees that are commensurate with the costs of the Commissioner of Agriculture’s activities in permitting, testing, and supervising the regulation of kratom and the sale of kratom products;

(5) The production, processing, sale, possession, distribution, or transport of kratom products;

(6) Developing standards for the labeling of kratom products to include, at a minimum, a statement which says "KEEP OUT OF REACH OF CHILDREN. CONSULT YOUR PHYSICIAN BEFORE USE IF YOU ARE PREGNANT OR TAKING ANY MEDICATION";

(7) Developing guidelines or standards related to the display or staging of kratom products to increase the safety of underage patrons in retail environments;

(8) Developing prohibitive standards as to child targeted packaging and shapes and forms of products;

(9) Developing administrative rules, procedures, and sanctions for violations of this section;

(10) Any other rules and procedures necessary to carry out the provisions of this article.

(b) The Commissioner of Agriculture and the Alcohol Beverage Control Commissioner may, pursuant to §29A-3-15 of this code, promulgate such separate or joint emergency rules as are necessary to effectuate the purposes of this article.