WeVote
Log In

Bill

Bill

HB 4272

Relating to authorizing the Department of Agriculture to promulgate a legislative rule relating to exempted dairy farms and milk and milk products processing.

2026 Regular Session Introduced by Doug Smith

The bill authorizes the Agriculture Department to create a legislative rule setting exemption criteria for dairy farms and standards for exempted milk processing facilities.

To House Judiciary
#legislature--rulemaking
0
WeVote Research Nonpartisan
Bill Summary · HB 4272

Overview

HB 4272 (West Virginia, 2026) authorizes the Department of Agriculture to promulgate a legislative rule related to exempted dairy farms and the processing of milk and milk products. The bill outlines the department’s authority to establish regulatory standards and procedures through a legislative rule to govern exemptions and processing activities in the dairy sector.

Purpose and Intent

  • Provide a statutory framework enabling the Department of Agriculture to create a legislative rule governing:
    • Exemption criteria for certain dairy farms from existing regulatory requirements, and
    • Standards and processes for the processing of milk and milk products at those exempted facilities.
  • Clarify roles and responsibilities of the department in regulating exempted dairy operations to ensure public health, safety, and consumer protection while potentially streamlining compliance for eligible facilities.

Key Provisions and Changes

  • Authority granted: The bill authorizes the Department of Agriculture to promulgate a legislative rule under its regulatory authority.
  • Scope of rule: The rule would address:
    • Eligibility or criteria for exemptions applicable to dairy farms.
    • Standards, permits, or registration requirements for facilities processing milk and milk products that fall under exemption provisions.
    • Compliance timelines, recordkeeping, and reporting requirements associated with the exemptions.
  • Administrative process: The rule-making authority would presumably follow the state’s rulemaking procedures for legislative rules, including notice, public comment, and possible legislative review, though specific procedural steps are not detailed in the summary provided.

Who Would Be Affected

  • Dairy farms seeking exemption from certain regulatory requirements, subject to the criteria established in the forthcoming legislative rule.
  • Facilities involved in processing milk and milk products that operate under the exemption framework.
  • The Department of Agriculture, which would administer, enforce, and update the rule as needed.
  • Consumers and the broader public, indirectly, through maintained or enhanced food safety and regulatory oversight.

Procedural and Timeline Aspects

  • Action history indicates initial introduction on January 14, 2026, with referrals to Government Organization and Judiciary committees.
  • Committee actions: The bill moved to House Government Organization, then to House Judiciary.
  • Report and passage: On January 30, 2026, it was reported “Do pass, but first to Judiciary,” indicating the Judiciary Committee would review before final floor consideration.
  • Sponsorship: Co-sponsored by Doug Smith.
  • Notable points: While the bill itself authorizes rulemaking, it does not specify the exact contents of the rule or the anticipated effective date; such details would be determined during the rulemaking process and eventual legislative or administrative approval.

Potential Impacts

  • Regulatory flexibility: Enables targeted exemptions for certain dairy operations, potentially reducing regulatory burden for eligible farms while maintaining safety oversight.
  • Clarity and predictability: Establishes a formal rule framework for exemptions and processing operations, providing clearer compliance standards for affected facilities.
  • Public health and safety: By situating the rule within the Department of Agriculture, regulatory oversight aims to ensure milk and milk products remain safe for consumption, even under exemption provisions.

If you’d like, I can tailor this summary to emphasize prospective cost implications, enforcement mechanisms, or compare with current exemptions under West Virginia dairy regulations once the specific rule text is available.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.