wv-wv-18486: 61-01D — List of Restricted Live, Modified Live And Killed Vaccines For Animals

6/10/2026 1:01:58 PM Office of West Virginia Secretary Of State NOTICE OF PUBLIC COMMENT PERIOD AGENCY: Agriculture TITLE-SERIES: 61-01D RULE TYPE: Legislative Amendment to Existing Rule: Yes Repeal of existing rule:No RULE NAME: List of Restricted Live, Modified Live And Killed Vaccines For Animals CITE STATUTORY AUTHORITY: §19-9-2 COMMENTS LIMITED TO: Written DATE OF PUBLIC HEARING: LOCATION OF PUBLIC HEARING: DATE WRITTEN COMMENT PERIOD ENDS: 07/10/2026 12:00 PM COMMENTS MAY BE MAILED OR EMAILED TO: NAME: Amie Minor ADDRESS: 1900 Kanawha Boulevard, East Charleston, WV 25305 EMAIL: rulescomments@wvda.us PLEASE INDICATE IF THIS FILING INCLUDES: RELEVANT FEDERAL STATUTES OR REGULATIONS: Yes (IF YES, PLEASE UPLOAD IN THE SUPPORTING DOCUMENTS FIELD) INCORPORATED BY REFERENCE: Yes (IF YES, PLEASE UPLOAD IN THE SUPPORTING DOCUMENTS FIELD) PROVIDE A BRIEF SUMMARY OF THE CONTENT OF THE RULE: The is rule establishes the annual list of restricted use of live, modified live and killed vaccines for animals. SUMMARIZE IN A CLEAR AND CONCISE MANNER CONTENTS OF CHANGES IN THE RULE AND A STATEMENT OF CIRCUMSTANCES REQUIRING THE RULE: Making this a legislative rule instead of procedural, adding a sunset provision, and incorporating by reference 9 CFR 101-124. SUMMARIZE IN A CLEAR AND CONCISE MANNER THE OVERALL ECONOMIC IMPACT OF THE PROPOSED RULE: A. ECONOMIC IMPACT ON REVENUES OF STATE GOVERNMENT: n/a B. ECONOMIC IMPACT ON SPECIAL REVENUE ACCOUNTS: n/a C. ECONOMIC IMPACT OF THE RULE ON THE STATE OR ITS RESIDENTS: n/a D. FISCAL NOTE DETAIL: Effect of Proposal Fiscal Year 2026 2027 Fiscal Year (Upon Increase/Decrease Increase/Decrease Full (use "-") (use "-") Implementation) 1. Estimated Total Cost 0 0 0 Personal Services 0 0 0 Current Expenses 0 0 0 Repairs and Alterations 0 0 0 Assets 0 0 0 Other 0 0 0 2. Estimated Total 0 0 0 Revenues E EXPLANATION OF ABOVE ESTIMATES (INCLUDING LONG-RANGE EFFECT): n/a BY CHOOSING 'YES', I ATTEST THAT THE PREVIOUS STATEMENT IS TRUE AND CORRECT. Yes Amie J Minor -By my signature, I certify that I am the person authorized to file legislative rules, in accordance with West Virginia Code §29A-3-11 and §39A-3-2. 61CSR1D TITLE 61 PROCEDURAL RULE LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE SERIES 1D LIST OF RESTRICTED LIVE, MODIFIED LIVE AND KILLED VACCINES FOR ANIMALS §61‐1d‐1. General. 1.1. Scope. ‐‐ These procedural regulations establish the annual list of restricted use of live, modified live and killed vaccines for animals. 1.2. Authority. ‐‐ §19‐9‐2. 1.3. Filing Date. ‐‐ Technical Amendment Filed July 28, 2020. 1.4. Effective Date. – May 16, 2005. 1.5. Sunset Date. ‐‐ This rule shall terminate and have no further force or effect on August 1, 2036. 1.6. 9 C.F.R. §101‐124 (“Viruses, Serums, Toxins, and Analogous Products; Organisms and Vectors”, defined by the United States Department of Agriculture/Veterinary Services) is incorporated by reference. §61‐1D‐2. Restricted Animal Vaccine List. 2.1. Brucella vaccine may be used only by licensed and accredited veterinarians. 2.2. Vaccines for Johne’s disease, pseudorabies, bluetongue, avian influenza, laryngotracheitis (poultry) and anthrax shall not be used by anyone unless or until written authority for such use is granted by the Commissioner. 2.3. No person may sell rabies vaccine to other than a licensed veterinarian or person authorized by county commission to conduct rabies clinics or an establishment that legally sells such vaccines to such persons licensed or authorized to use such preparations. 1