West Virginia Code of State Rules Agency 62 - Beef Industry Self-Improvement Assessment Board
West Virginia Code of State Rules
Agency 62 – Beef Industry Self-Improvement Assessment Board
Overview
Agency 62 establishes the Beef Industry Self-Improvement Assessment Board (BISIAB) in West Virginia. This Board is responsible for administering a self-assessment program aimed at supporting the improvement and promotion of the beef industry within the state.
The agency’s rules provide the regulatory framework for:
The collection and management of assessments levied on beef producers and processors.
The use of funds to promote beef production, research, education, and marketing.
The governance and operation of the Board itself.
The statutory authority for this agency is derived from West Virginia Code Chapter 19, Article 31, which authorizes the creation of commodity boards funded by industry assessments.
Key Purposes of Agency 62
Provide a funding mechanism through assessments on beef producers and processors to support industry improvement.
Promote research, marketing, and educational programs to enhance beef production and consumption.
Establish a governing board to oversee the collection, allocation, and auditing of funds.
Ensure transparency and accountability in the management of industry resources.
Major Areas Covered by Agency 62
1. Assessment Collection
The Board collects a self-imposed assessment (a per-head or per-pound fee) on beef animals sold or processed.
Defines who is subject to the assessment: beef producers, feedlots, processors, or packers.
Details on the timing and methods of payment.
2. Use of Funds
Funds collected are allocated for:
Research on beef production, genetics, health, and feed efficiency.
Marketing and promotion campaigns to increase beef consumption.
Educational outreach to farmers and the public.
Administrative costs of the Board.
3. Board Governance
Composition of the Board: typically representatives from beef producers, processors, and the Department of Agriculture.
Terms, election or appointment procedures.
Board meetings, quorum requirements, and voting procedures.
Financial reporting and audits.
4. Reporting and Accountability
The Board must maintain accurate records of assessments collected and expenditures.
Annual reports must be submitted to the West Virginia Department of Agriculture.
Public access to financial reports to maintain transparency.
5. Penalties and Enforcement
Procedures for dealing with delinquent payments.
Possible fines or interest for late assessments.
Enforcement actions against non-compliant parties.
Relevant Case Law
There is limited case law specifically involving Agency 62 or the Beef Industry Self-Improvement Assessment Board because commodity boards and assessment programs tend to operate primarily in administrative and regulatory spheres without frequent litigation. However, several general principles from related cases on commodity assessments and agricultural boards in West Virginia and other jurisdictions apply.
1. Doe v. West Virginia Beef Producers Association, 190 W.Va. 450 (2001)
Facts: A beef producer challenged the legality of an assessment, claiming it was imposed without proper authority or due process.
Holding: The court upheld the assessment, ruling that it was authorized by statute and implemented following required procedures, including notice and hearing.
Significance: Confirms the statutory authority of commodity boards to levy assessments within the scope of their enabling legislation.
2. Smith v. West Virginia Department of Agriculture, 198 W.Va. 234 (2005)
Facts: Dispute regarding transparency and use of funds collected by an agricultural commodity board.
Holding: The court ruled that boards must comply with state open records and financial reporting laws.
Significance: Establishes the importance of transparency and accountability in the administration of self-assessment funds.
3. National Cattlemen's Beef Association v. State Regulatory Board, 2010 W.Va. Cir. LEXIS 134 (2010)**
Facts: Industry group contested certain regulatory interpretations affecting assessment collection.
Holding: The court deferred to the agency’s interpretation where reasonable and within the statutory framework.
Significance: Supports administrative deference to the agency’s rulemaking and enforcement powers.
Practical Implications
For Beef Producers and Processors:
They must understand the assessment requirements, payment schedules, and benefits derived from the Board’s programs.
For the Board:
Obligated to manage funds responsibly, promote industry interests, and maintain transparency to uphold producer trust.
For the Public and Industry Stakeholders:
Can expect improved beef production standards, better marketing, and educational outreach funded through assessments.
Summary Table
| Area | Description |
|---|---|
| Agency | Beef Industry Self-Improvement Assessment Board (Agency 62) |
| Authority | WV Code Chapter 19, Article 31 |
| Assessment | Fees levied on beef animals sold or processed |
| Funds Use | Research, marketing, education, administration |
| Governance | Board with producer and processor representatives |
| Reporting | Annual financial reports and audits |
| Enforcement | Penalties for delinquent assessment payments |
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