Committee approves substitute for SB226, sends bill to full Senate with finance referral

A Senate committee on [date not specified] approved a committee substitute for Senate Bill 226, which would exempt certain "on‑farm manufacturers" from West Virginia's commercial feed permitting and reporting requirements, and voted to report the bill to the full Senate with a referral to the Finance Committee for a fiscal note.

Committee counsel explained the substitute, saying, "Senate Bill 226 amends the West Virginia commercial feed law with respect to on farm manufacturers, which are defined by the bill as people who sell products or commodities that are grown, manufactured, and sold entirely on their own farm." Counsel said the substitute would exempt those on‑farm manufacturers from commercial feed manufacturing, distribution, or guarantor permits if they meet a series of criteria, including registering with the Department of Agriculture every two years and not selling more than 30 tons of product per year.

The counsel also said exempted producers would have to follow existing labeling requirements unless a customer explicitly waived them, and they would not be eligible for the exemption if they manufacture feeds sold with "minerals, drugs, pellets or other products not produced on their farm." Counsel added that operations meeting the criteria would be exempt from tonnage reporting and the fees imposed by the commercial feed code and would not be required to register brand or product names with the Department of Agriculture.

A senator from Jefferson questioned whether the substitute is essentially the same as a bill passed last year and why the measure is being sent to the Finance Committee. Committee counsel said the language was reworded after working with the department but that "the intention and the effect ultimately is the same as what we passed out," and noted Finance intends to request a fiscal note because it is not yet clear what, if any, revenue impact would result from removing some operations from permit and fee requirements.

With no amendments offered, the committee agreed to the committee substitute by voice vote. The vice chair moved that the substitute be reported to the full Senate with a recommendation that it do pass and, under the bill's double committee reference, first be referred to the Committee on Finance; that motion carried by voice vote.

A senator from Upshur asked that the committee ask the Finance chair to waive the second reference if the fiscal note is zero; committee counsel said they would raise that request with Finance leadership. The meeting then concluded after the committee voted to adjourn.

The bill will be reported to the full Senate and is expected to be considered next by the Finance Committee for a fiscal note before any further action.