West Virginia 2025 Regular Session Status: Passed Senate 3 R cosponsors

SB 686 — Relating to WV commercial feed law

Last action — To House Government Organization

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House of Delegates
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2025 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

148 added · 138 removed

Plain-language change summary

The revised version of Bill SB 686 clarifies that individuals who sell products solely produced on their own farms will not be classified as distributors and will be exempt from needing a commercial feed distributor permit. This change is significant because it streamlines the regulations for small-scale farmers, potentially reducing their administrative burden and encouraging local food sales. By easing these requirements, the bill aims to support local agriculture and promote the sale of farm-produced goods directly to consumers.

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WEST VIRGINIA LEGISLATURE REGULAR SESSION Introduced Senate Bill 686 By Senators Hart and Rose [Introduced March 4, 2025;
WEST VIRGINIA LEGISLATURE REGULAR SESSION Committee Substitute for Senate Bill 686 B YSENATORS HART, ROSE, UCKER,AND W ILLIS [Reported March 13, 2025, from the Committee on Agriculture] CS for SB 686 A BILL to amend and reenact §19-14-2 and §19-14-5 of the Code of West Virginia, 1931, as amended, relating to the West Virginia Commercial Feed Law;
referred to the Committee on Agriculture;
providing that a person engaged in offering for sale, selling, exchanging, or bartering products or commodities produced exclusively onhis or her own farm is not a distributor;
and then to the Committee on Finance] Intr SB 686 2025R3508S 2025R2048H A BILL to amend and reenact §19-14-2 and §19-14-5 of the Code of West Virginia, 1931, as amended, relating to the West Virginia commercial feed law;
and providing that a person engaged in offering for sale, selling, exchanging, or bartering products or commodities produced exclusively on his or her own farm is exempt from obtaining a commercial feed distributor permit.
and providing that a person engaged in selling products or commodities produced exclusively on their own farm is not a distributor and is exempt from obtaining a Commercial Feed Distributor Permit.
(a) "Brand name" means any word, name, symbol or device, or any combination thereof, identifying the commercial feed of a distributor, guarantor, or manufacturer and distinguishing it from all others.
As used in this article, the following terms have the meanings ascribed to them in this section, unless the context in which the term is used clearly requires another meaning or a specific different definition is provided:
(b) "Bulk" refers to commercial feed or feed ingredients distributed in nonpackaged form where a label cannot be attached and accompanied by an invoice or delivery slip.
(a) (1) "Brand name" means any word, name, symbol or device, or any combination thereof, identifying the commercial feed of a distributor, guarantor, or manufacturer and distinguishing it from all others.
(c) "Commercial feed" means all materials or combinations of materials which are distributed, or intended for distribution, for use as feed or for mixing in feed for animals, other than humans, except:
(b) (2) "Bulk" refers to commercial feed or feed ingredients distributed in nonpackaged form where a label cannot be attached and accompanied by an invoice or delivery slip.
(1) Unmixed or unprocessed whole seeds when such whole or unprocessed seeds are not chemically changed or adulterated;
(c) (3) "Commercial feed" means all materials or combinations of materials which are distributed, or intended for distribution, for use as feed or for mixing in feed for animals, other than humans, except:
(2) unprocessed hay, straw, stover, silage, cobs, husks, hulls, and raw meat when not mixed with other materials and when not adulterated;
(1) (A) Unmixed or unprocessed whole seeds when such whole or unprocessed seeds are not chemically changed or adulterated;
(3) individual chemical compounds when not mixed with other materials.
(2) (B) Unprocessed hay, straw, stover, silage, cobs, husks, hulls, and raw meat when not mixed with other materials and when not adulterated;
The term commercial feed shall include the categories of feed ingredients, customer-formula feeds, pet foods and specialty pet foods.
or CS for SB 686 (3) (C) Individual chemical compounds when not mixed with other materials.
(d) "Commissioner" refers to the commissioner of agriculture of the State of West Virginia or a duly authorized employee of the commissioner.
The term commercial feed shall include the categories of feed ingredients, customer-formula feeds, pet foods, and specialty pet foods.
(e) "Contract feeder" means a person who, as an independent contractor, feeds commercial feed to animals pursuant to a contract and the commercial feed is supplied, furnished, or provided to the independent contractor and such contractor’s remuneration is determined all or in part by feed consumption, mortality, profits, or the amount or quality of the product.
(d) (4) "Commissioner" refers to the Commissioner of Agriculture of the state of West Virginia or a duly authorized employee of the commissioner.
Intr SB 686 2025R3508S 2025R2048H (f) "Customer-formula feed" means a commercial feed that consists of a mixture of commercial feed and/or feed ingredients, each batch of which is manufactured according to the specific instructions of the final purchaser.
(e) (5) "Contract feeder" means a person who, as an independent contractor, feeds commercial feed to animals pursuant to a contract and the commercial feed is supplied, furnished, or provided to the independent contractor and such contractor’s remuneration is determined all or in part by feed consumption, mortality, profits, or the amount or quality of the product.
(g) "Distribute" means to offer for sale, sell, exchange, or barter commercial feed;
(f) (6) "Customer-formula feed" means a commercial feed that consists of a mixture of commercial feed and/or feed ingredients, each batch of which is manufactured according to the specific instructions of the final purchaser.
(g) (7) "Distribute" means to offer for sale, sell, exchange, or barter commercial feed;
(h) "Distributor" means any person who distributes a commercial feed:
(h) (8) "Distributor" means any person who distributes a commercial feed:
Provided, That persons engaged in selling products or commodities produced exclusively on their own farm are not distributors.
Provided, That any person engaged in offering for sale, selling, exchanging, or bartering products or commodities produced exclusively on his or her own farm is not a distributor.
(i) "Drug" means any substance intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in animals, other than humans;
(i) (9) "Drug" means any substance intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in animals, other than humans;
(j) "Feed" means any material consumed, or intended to be consumed, by animals other than humans, or any element of that material that contributes nutrition, taste, or aroma, or otherwise has a technical effect on the consumed material.
(j) (10) "Feed" means any material consumed, or intended to be consumed, by animals other than humans, or any element of that material that contributes nutrition, taste, or aroma, or otherwise has a technical effect on the consumed material.
(k) "Feed ingredient" means each constituent material making up feed, including individual chemical compounds labeled for use as a feed ingredient.
(k) (11) "Feed ingredient" means each constituent material making up feed, including individual chemical compounds labeled for use as a feed ingredient.
(l) "Guarantor" means any person whose name appears on a label and who is therefore responsible for the product and its labeling.
CS for SB 686 (l) (12) "Guarantor" means any person whose name appears on a label and who is therefore responsible for the product and its labeling.
(m) "Label" means a display of written, printed, or graphic matter printed upon or otherwise affixed to the container in which commercial feed is distributed;
(m) (13) "Label" means a display of written, printed, or graphic matter printed upon or otherwise affixed to the container in which commercial feed is distributed;
(n) "Labeling" means and includes all labels as well as all other written, printed, or graphic matter found:
(n) (14) "Labeling" means and includes all labels as well as all other written, printed, or graphic matter found:
(1) upon a commercial feed or any of its containers or wrappers, or (2) accompanying such commercial feed.
(1) (A) Upon a commercial feed or any of its containers or wrappers;
Intr SB 686 2025R3508S 2025R2048H (o) "Manufacture" means to grind, mix, blend, package, pack, repackage, repack, or otherwise process a commercial feed for distribution.
or;
(p) "Medicated feed" means any feed which contains one or more drugs.
(2) (B) Accompanying such commercial feed.
Antibiotics included in a feed growth promotion and/or efficiency level are drug additives and feeds containing such antibiotics are included in the definition of "medicated feed".
(o) (15) "Manufacture" means to grind, mix, blend, package, pack, repackage, repack, or otherwise process a commercial feed for distribution.
(q) "Mineral feed" means a commercial feed designed or intended to supply primarily mineral elements or inorganic nutrients.
(p) (16) "Medicated feed" means any feed which contains one or more drugs.
(r) "Official sample" means any sample of feed taken by the commissioner in accordance with the provisions of this article and rules promulgated hereunder.
Antibiotics included in a feed growthpromotion and/or efficiency level are drug additives and feeds containing such antibiotics are included in the definition of "medicated feed".
(s) "Percent" or "percentage" means percentage by weights.
(q) (17) "Mineral feed" means a commercial feed designed or intended to supply primarily mineral elements or inorganic nutrients.
(t) "Person" means an individual, partnership, association, fiduciary, firm, company, corporation, or any organized group of persons whether incorporated or not.
(r) (18) "Official sample" means any sample of feed taken by the commissioner in accordance with the provisions of this article and rules promulgated hereunder.
(u) "Pet" means dog (Canis familiaris) or cat (Felis catus).
(s) (19) "Percent" or "percentage" means percentage by weights.
(v) "Pet food" means any commercial feed manufactured and distributed for consumption by pets.
(t) (20) "Person" means an individual, partnership, association, fiduciary, firm, company, corporation, or any organized group of persons whether incorporated or not.
(w) "Process" means a method used to prepare, treat, convert, or transform materials into feed or feed ingredients.
(u) (21) "Pet" means dog (Canis familiaris) or cat (Felis catus).
(v) (22) "Pet food" means any commercial feed manufactured and distributed for consumption by pets.
CS for SB 686 (w) (23) "Process" means a method used to prepare, treat, convert, or transform materials into feed or feed ingredients.
(x) "Product name" means the name of the commercial feed which identifies it as to kind, class, or specific use and distinguishes it from all other products bearing the same brand name.
(x) (24) "Product name" means the name of the commercial feed which identifies it as to kind, class, or specific use and distinguishes it from all other products bearing the same brand name.
(y) "Quantity statement" means the net weight (mass), liquid measure, or count.
(y) (25) "Quantity statement" means the net weight (mass), liquid measure, or count.
(z) "Repack" or "repackaging" means to pack and label a previously manufactured feed.
(z) (26) "Repack" or "repackaging" means to pack and label a previously manufactured feed.
Show all 62 changed rows (22 more)
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(aa) "Specialty pet" means any animal normally maintained in a household, such as rodents, ornamental birds, fish, , reptiles, amphibians, ferrets, hedgehogs, marsupials, and rabbits not raised for food or fur.
(aa) (27) "Specialty pet" means any animal normally maintained in a household, such as rodents, ornamental birds, fish, reptiles, amphibians, ferrets, hedgehogs, marsupials, and rabbits not raised for food or fur.
(bb) "Specialty pet food" means any commercial feed prepared and distributed for Intr SB 686 2025R3508S 2025R2048H consumption by specialty pets.
(bb) (28) "Specialty pet food" means any commercial feed prepared and distributed for consumption by specialty pets.
(cc) "Ton" means a net weight of two thousand pounds avoirdupois.
(cc) (29) "Ton" means a net weight of two thousand pounds avoirdupois.
(b) A person must apply for a permit or registration at least 30 days prior to the expiration of the current permit or registration;
(b) A person must apply for a permit or registration at least 30 days prior to the expiration of the current permit or registration, or at least 30 days prior to the date that the person intends to engage in the business of selling or marketing commercial feed products in this state.
or at least 30 days prior to the date that the person intends to engage in the business of selling or marketing commercial feed products in this state.
(c) Persons manufacturing commercial feed or customer-formula feed in this state must obtain a Commercial Feed Manufacturing Permit from the commissioner, except for persons manufacturing feed for only his/her animals on his/her premises, or those producing pet food.
(c) Persons manufacturing commercial feed or customer-formula feed in this state must obtain a commercial feed manufacturing permit from the commissioner, except for persons manufacturing feed for only his/ or her animals on his/ or her premises, or those producing pet food.
Application forms shall be provided by the commissioner and include such information as established by rules.
Application forms shall be provided by the commissioner and include such information as CS for SB 686 established by rules.
Each Commercial Feed Manufacturing Permit application shall be accompanied by the required application fee.
Each commercial feed manufacturing permit application shall be accompanied by the required application fee.
(d) Each person distributing commercial feed in West Virginia must obtain a Commercial Feed Distributor Permit from the commissioner, except:
(d) Each person distributing commercial feed in West Virginia must obtain a commercial feed distributor permit from the commissioner, except:
(1) Persons distributing pet food exclusively, (2) persons holding a valid Commercial Feed Manufacturing Permit issued by the commissioner, and (3) persons holding a Commercial Feed Guarantor Permit issued by the commissioner, and (4) persons engaged in selling products or commodities produced exclusively on their own farms.
(1) Persons distributing pet food exclusively;
(2) Persons holding a valid commercial feed manufacturing permit issued by the commissioner;
and (3) Persons holding a commercial feed guarantor permit issued by the commissioner;
and (4) Persons engaged in offering for sale, selling, exchanging, or bartering products or commodities produced exclusively on their own farms.
Each Commercial Feed Distributor Permit application shall be accompanied by the required application fee.
Each commercial feed distributor permit application shall be accompanied by the required application fee.
Intr SB 686 2025R3508S 2025R2048H (e) Each person whose name appears on the label of a commercial feed or customer- formula feed as guarantor must obtain a Commercial Feed Guarantor Permit from the commissioner for each manufacturing facility or location that distributes feed in or into the state, except those facilities or locations for which a Commercial Feed Manufacturing Permit has already been issued by the commissioner.
(e) Each person whose name appears on the label of a commercial feed or customer- formula feed as guarantor must obtain a commercial feed guarantor permit from the commissioner for each manufacturing facility or location that distributes feed in or into the state, except those facilities or locations for which a commercial feed manufacturing permit has already been issued by the commissioner.
Each Commercial Feed Guarantor Permit application shall be accompanied by the required application fee.
Each commercial feed guarantor permit application shall be accompanied by the required application fee.
Each registration shall expire on August 31 next following the date of issue:
Each registration shall expire on August 31, next following the date of issue:
Provided, That until June 30, 2027, an additional registration fee of $50 per product shall accompany each application for registration and the additional registration fee shall be deposited into the West Virginia Spay Neuter Assistance Fund for spay and neutering services performed within this state by licensed veterinarians.
Provided, That until June 30, 2027, an CS for SB 686 additional registration fee of $50 per product shall accompany each application for registration and the additional registration fee shall be deposited into the West Virginia Spay Neuter Assistance Fund for spay and neutering services performed within this state by licensed veterinarians.
Intr SB 686 2025R3508S 2025R2048H (j) Alteration of a pet food or specialty pet food that changes the label requires a new application for registration be made and approved before distribution.
(j) Alteration of a pet food or specialty pet food that changes the label requires a new application for registration be made and approved before distribution.
NOTE:
The purpose of this bill is to provide that persons engaged in selling products or commodities produced exclusively on their own farm are not distributors and are exempt from obtaining a Commercial Feed Distributor Permit West Virginia.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
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Action History

  1. To House Government Organization

  2. To Government Organization

  3. Introduced in House

  4. House received Senate message

  5. Ordered to House

  6. Passed Senate (Roll No. 125)

  7. Read 3rd time

  8. On 3rd reading

  9. Read 2nd time

  10. On 2nd reading

  11. Read 1st time

  12. On 1st reading

  13. 2nd reference dispensed

  14. Committee substitute reported, but first to Finance

  15. To Agriculture

  16. Introduced in Senate

  17. To Agriculture then Finance

  18. Filed for introduction

Sponsors

Sponsorship breakdown

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1 sponsors · 3 co-sponsors · 148 not signed on

Sponsors (1)

Co-sponsors (3)

Not signed on (148)

148 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passage

Passed 34 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 29000
Unaffiliated 3000
Democrat 2000
Total 34000
% of votes cast 100%0%0%0%
How each member voted (34)
Member Party Vote
STUART — Yea
BOLEY — Yea
MR PRESIDENT — Yea
Joey Garcia Democrat Yea
Mike Woelfel Democrat Yea
Amy Grady Republican Yea
Anne B. Charnock Republican Yea
Ben Queen Republican Yea
Bill Hamilton Republican Yea
Brian Helton Republican Yea
Charles H. Clements Republican Yea
Chris Rose Republican Yea
Craig A. Hart Republican Yea
Darren Thorne Republican Yea
Eric Tarr Republican Yea
Glenn Jeffries Republican Yea
Jack Woodrum Republican Yea
Jason Barrett Republican Yea
Jay Taylor Republican Yea
Laura Wakim Chapman Republican Yea
Mark R. Maynard Republican Yea
Mike Azinger Republican Yea
Mike Oliverio Republican Yea
Patricia Rucker Republican Yea
Patrick Martin Republican Yea
Robbie Morris Republican Yea
Rollan A. Roberts Republican Yea
Rupie Phillips Republican Yea
Ryan Weld Republican Yea
Scott Fuller Republican Yea
T. Kevan Bartlett Republican Yea
Tom Takubo Republican Yea
Tom Willis Republican Yea
Vince Deeds Republican Yea

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Subjects

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Frequently asked questions

Who sponsors SB 686?
SB 686 is sponsored by Craig A. Hart (Republican), Chris Rose (Republican), Patricia Rucker (Republican), and Willis.
What is the current status of SB 686?
This bill died with 2025 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 686?
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