Whether you're manufacturing commercial feed or purchasing small package pet feed, the West Virginia Department of Agriculture is committed to making sure the food animals consume here in the state makes the grade. It must be registered and approved before it hits the shelves. Seeds, fertiizer, and lime must also meet strict standards. There are permits for fertilizer storage, tonnage reports, and seed inspection fees. The goal is to make sure agricultural materials meet the requirements set out in state code.

Commercial Feed

Commercial feed includes all materials distributed for use as feed or for mixing in feed for animals other than man. The term "Commercial Feed" shall include the categories of feed ingredients, customer-formula feeds, pet foods, and specialty pet foods. Any feed that fits the definition of commercial feed must be registered and approved by the WV Department of Agriculture prior to distribution within the state.

Feed Exempted from Registration

Feed exempted from registration include unmixed or unprocessed whole seed when such whole or unprocessed seeds are not chemically changed or adulterated; unground hay, straw, stover, silage, cobs, husks, hulls, and raw meat when not mixed with other materials and not adulterated; customer-formula feed.

FORMS
Application to Register as Commercial Feed Manufacturer
Application for Registration of Commercial Feeds (Bulk and Packages >10lbs.)

CODE/RULE
West Virginia Commercial Feed Law 19-14
Commercial Feed Rule 61-5

Large Package Commercial Feed

Products for commercial or wild animals shall be registered annually at the rate of $10.00 per product for label review.  Registrations expire annually on December 31 and must be applied for 15 days prior to expiration or will be subject to a late fee of $100.00.

FORMS
Registration Instructions
Application for Registration of Commercial Feeds (Bulk and Packages >10lbs.)

LINKS
FAQ

Inspection Fees

Each person holding a commercial feed manufacturing permit, commercial feed distributor permit, or large package commercial feed license shall file a semi-annual commercial feed report at the rate of $0.35 per ton and are due and payable January 31 and July 31 or are subject to a late penalty of 10 percent or $100.00 to those with no inspection fee due.

FORMS
Semi-Annual Commercial Feed Report

Feed Manufacturer

Anyone manufacturing a commercial feed or customer-formula feed in this state, except persons manufacturing feed for only his/her animals on his/her premises. The registration fee is $15.00 annually and expires December 31. All registrations must be applied for 15 days prior to expiration or will be subject to a late fee of $100.00.

FORMS
Application to Register as a Commercial Feed Manufacturer

Feed Distributor

Persons first distributing commercial feed into WV trade channels, except persons distributing pet food exclusively, persons holding a Commercial Feed Manufacturing Permit, any persons distributing only those feeds that they register. The registration fee is $10.00 annually and expires December 31. All registrations must be applied for 15 days prior to expiration or will be subject to a late fee of $100.00.

FORMS
Application to Register as a Commercial Feed Distributor

Actions Taken on Unregistered Products

The manufacturer will be notified of the violation and will be given a time period to register the products and pay the applicable fees. If the products are not registered within the time period they will be subject to a stop-sale/embargo order and will be removed from shelves in WV.

CONTACT
304-558-2227
wvfeedreg@wvda.us

Veterinarian Feed Directive

New FDA Rule to take Effect on January 1, 2017

In June 2015 the Food and Drug Administration published a final rule that revised the VFD regulations in 21 CFR 558.6 and changes to definitions in 21 CFR 558.3. This guidance document includes revisions that are consistent with the requirements that make up the final rule for the new Veterinary Feed Directive (VFD).

What is the VFD, and how does it affect the farmers in West Virginia? VFD is a written (nonverbal) statement issued by a licensed veterinarian for the use of a VFD drug or combination VFD drug in or on animal feeds. This rule will change the way most West Virginia farmers, and farmers around the nation receive medicated feed and water soluble drugs. You will no longer be able to go to your local feed store and purchase certain previous over the counter drugs and/or feed with certain drugs, but will now require a veterinarian to write a VFD to receive the certain medicated feed(s) or water soluble medications like but not limited to: chlortetracycline, penicillin, neomycin, or oxytetracycline, as well as several drugs used in free choice feeds.

Producers (farmers) must obtain a VFD order from their veterinarian, then send or take, the VFD order to a feed manufacturer or supplier to get the VFD feed or water soluble drugs. Only feed for the animals listed on the VFD for the specific timeframe allowed for the VFD will be covered. Producers who manufacture their own feed must have a VFD in order to get the medicated VFD feed to manufacture. Producers who also manufacture feed for others should be aware they are acting as a distributor and additional requirements apply.

These changes will also require you to have a working relationship with a local veterinarian that is familiar with your farm and your animals. If you do not currently have a veterinarian that you use on a regular basis, we recommend contacting one for a farm visit to familiarize him or her with your farm and animals. It is also a great time to make contact with your local feed mill or distributor to ensure they are aware of the new VFD rule and have signed up with the FDA to be able receive the VFD’s, as well as have the drugs available for purchase. This new rule will also require the veterinarian, producer, and distributor to keep written VFD’s for 2 years. This will add another layer of paperwork for everyone and is a vast change from how we presently operate now. Additional time management, further animal husbandry with our animals, and added cooperation and communication with our local veterinarian is required.

For a complete list of the new VFD drugs or if you have questions, please contact your local veterinarian or contact the Food and Drug Administration at AskCVM@fda.hhs.gov; more information can be obtained at www.fda.gov/animal-veterinary/safety-health/safe-feed.

LINKS

Brochure for VFD
Guidance for Industry - VFD Questions and Answers
VFD Requirements for Producers
VFD Requirements for Veterinarians
VFD Requirements for Distributors
VFD REquirements for Manufacturers
OTC Drugs Transitioning to VFD
OTC Water Soluble Drugs Requireing Rx for VFD
VFD Acknowledgement Letter Template
VFD Acknowledgement Letter Instructions
VFD Distributor Notification Template
VFD Distributor Notification Instructions

Pet Feed

Pet feed is any commercial feed manufactured and distributed for consumption for pets. Any feed that fits the definition of commercial feed must be registered and approved by the WV Department of Agriculture prior to distribution within the state. Pet food includes treats, biscuits, training foods, samples sizes as well as traditional pet foods.

Feed Exemptions

Raw meat pet food is exempt if the meat is not processed and not mixed with other materials. This includes 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 registrant made 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.

Code/Rule
West Virginia Commercial Feed Law 19-14
Commercial Feed Rule 61-5

Links
Registration Instructions
Pet Food FAQ
Guide to Making and Selling Pet Treats in West Virginia

Large Package Pet Feed

Pet products in packages over 10 lbs. or bulk shall be registered annually at the rate of $100.00 per product for label review. Registrations expire annually on August 31 and must be applied for 15 days prior to expiration or will be subject to a late fee of $100.00.

Forms
Application for Large Package Pet Feed

Small Package Pet Feed

Pet products in packages of 10 lbs. and under (excluding specialty pet under 1 lb.) shall be registered annually at the rate of $75.00 per product. Registrations expire December 31 and must be applied for 15 days prior to expiration or will be subject to a late fee of $100.00.

Forms
Application for Small Package (10 lb./under) Pet Feed

Specialty Pet

Pet food in packages of 1 lbs. or less for any domesticated pet normally maintained in a cage or tank including, but not limited to, gerbils, hamsters, birds, tropical fish, goldfish, snakes, and turtles shall be registered annually at the rate of $20.00 per product for label review. Registrations expire December 31 and must be applied for 15 days prior to expiration or will be subject to a late fee of $100.00.

Forms
Application for Specialty Pet Food Registration

Actions Taken on Unregistered Products

The manufacturer will be notified of the violation and will be given a time period to register the products and pay the applicable fees. If the products are not registered within the time period they will be subject to a stop-sale/embargo order and will be removed from shelves in WV.

Contact:
wvfeedreg@wvda.us

Seed

Any persons distributing agricultural, vegetable, tree and shrub, or flower seeds, or seed potatoes must be registered as a Seedsman.

Code/Rule
West Virginia Seed Law 19-16
West Virginia Seed Law Rule 61-9

Forms
Application to Register as a Seedsman

Seed Inspection Fee

Each person holding a valid certificate of registration is required to pay a tonnage fee on seed sold in the state and shall report the net pounds or kilograms of seed distributed and sold by kind or variety, except for seed potatoes, on a quarterly basis for the periods ending on March 31, June 30, September 30, and December 31. The rate is $0.50 per 100 lbs.

Forms
Quarterly Seed Poundage Report

Seed Potato Inspection Fee

Persons distributing seed potatoes in the state shall report the net pounds or kilograms of seed potatoes distributed monthly in arrears. Payments for the previous month shall be made no later than the 15th day of the following month at a rate of $0.35 per 100 lbs.

Forms
Seed Potato Distribution Report

Seed Stamps

Persons distributing vegetable seeds packaged in containers of 8 oz. or 226.8 grams or less and sold from display units are exempt
from reporting poundage and paying a poundage fee, provided that a seed stamp be purchased from the commissioner and placed in a conspicuous place on each display unit. The seed stamps are $10.00 per display unit.

Forms
Request for Seed Stamps

Fertilizer, Soil Amendment, Compost, Horticultural Growing Media and Lime

Code/Rule
WV Fertilizer Law 19-15
Sale and Distribution of Commercial Fertilizer Rule 61-6

Registrations

The manufacturer or distributor shall register each brand and grade of fertilizer and each brand of soil amendment, compost, and horticultural growing media before it is distributed in this state. Fertilizer registration fees are $4 per brand & grade; bulk, or packages > 10lbs are $30 per brand & grade. If a product is packaged in small and large packages, it should be registered as both. The registration fee for soil amendment, compost, and horticultural growing media is $75 per product.

Forms
Application for Commercial Fertilizer Registration
Application to Register for Soil Amendment, Compost and Horticultural Growing Media

Fertilizer Formulator Permit

Any person who mixes, manipulates, or compounds plant food ingredients according to consumer specifications shall apply to the Commissioner for a Fertilizer Formulation Permit. The fee for a Fertilizer Formulation Permit is $35.

Forms
Application for Fertilizer Formulator Permit

After notification of non-registration of regulated product, manufacturer, or distributor of consumer specified regulated product, a person failing to register within the grace period (15 working days) shall pay to the Commissioner a late penalty fee of $100.

Fertilizer and soil amendment, compost and horticultural growing media registrations are renewed annually. The registration period is July 1 – June 30.

Tonnage Reporting

Every person who distributes a fertilizer shall file monthly and quarterly tonnage reports for the periods ending on September 30, December 31, March 31, and June 30. The reports are due on or before the thirtieth day of the month following the close of each quarter. The fee is $0.40 per ton per quarter for bulk or packages > 10lbs and $15 per brand and grade for packages 10lbs. or less. There is a 10% late penalty fee in addition to the tonnage fee.

Forms
Quarterly Fertilizer Tonnage Report

Monthly reports can be mailed with the quarterly reports. If reporting 0 tonnage, you can email them to wvfertreg@wvda.us or fax: 304-558-3594.

Forms
Monthly Fertilizer Tonnage Report

There is no tonnage reporting required for soil amendments, compost and horticultural growing media.

Fertilizer Storage Facility Permit

Codes/Rules
WV Primary and Secondary Containment of Fertilizers 61-6B

All operators of a storage facility shall obtain and post a valid Fertilizer Storage Facility Permit prominently at the local office of the storage facility. One permit may apply to a storage facility that stores both dry bulk and fluid fertilizer. There are no fees required for this permit. Prior to the construction of a primary or secondary storage, all persons shall obtain a Fertilizer Storage Facility Permit from the commissioner. An application, design plans, and specifications for construction shall be made at least 30 days prior to the beginning of construction of the facility, for firms that are not in operation on the effective date of this rule or within six months of the effective date of this rule for any person operating a storage facility on the effective date of the rule. Any person seeking to renew the Fertilizer Storage Facility Permit shall apply for a renewal within 15 days of the expiration date of the permit.

Forms
Application for Fertilizer Storage Facility Permit

Agricultural Liming Materials

Code/Rule
WV Agricultural Liming Materials Law Article 19-15A
WV Agricultural Liming Materials Regulations 61-6A

Registrations

Each separately identified agricultural liming material shall be registered before being distributed or used in the state. Agricultural liming materials registration fee is $50 per product.

Forms
Application to Register Agricultural Liming Materials

Label requirements:

  1. The name and principal business address of the manufacturer or distributor.
  2. The brand name of the agricultural liming material.
  3. The identification of the product as to the type of liming material.
  4. The new weight of the agricultural liming material.
  5. The minimum percentage of calcium oxide and magnesium oxide, calcium carbonate and magnesium carbonate, or total elemental calcium and total elemental magnesium.
  6. The calcium carbonate equivalent as determined by methods prescribed by the Association of Official Analytical Chemists.
  7. The minimum percent by weight passing through United States standard sieves.
  8. The fineness classification of the material.

Any changes permitted in the guaranteed analysis for calcium carbonate equivalent or fineness classification for a registered product requires a new registration.

Any person who sells or offers for sale agricultural liming products that are registered, except persons who retail registered products to the consumer, is required to have a agricultural liming distributor permit. An agricultural liming materials distributor permit fee is $25.

Forms
Application to Register as an Agricultural Liming Materials Distributor

Agricultural Liming Materials and Agricultural Liming Materials Distributor registrations are renewed annually. The registration period is January 1 – December 31.

Tonnage Reporting

The registrant of agricultural liming materials shall pay to the commissioner the inspection fee of $0.25 per ton within 30 days following June 30 and the December 31 each year. If the tonnage, or portion thereof, has been paid by another person; documentation by invoice must accompany the report. The minimum semiannual payment shall be $10. The minimum fee is waived if the total amount due is $2.00 or less. A penalty of 10 percent of the fees due, or $100, whichever is greater, shall be assessed, if the report is not received by August 15 and the February 15 each calendar year.

Forms
Semi-annual Agricultural Liming Materials Tonnage Report 

Contact:
wvfertreg@wvda.us