2009 West Virginia Code
CHAPTER 19. AGRICULTURE

ARTICLE 1. DEPARTMENT OF AGRICULTURE. 

• §19-1-1 Department of agriculture.
• §19-1-2 Commissioner of agriculture.
• §19-1-3 Employees; itemized statement of expenditures; monthly statement and payment of moneys received by commissioner.
• §19-1-3a Marketing and development division; duties.
• §19-1-3b Continuation of division.
• §19-1-4 Duties of commissioner.
• §19-1-4a Commissioner authorized to accept gifts, etc., and enter into cooperative agreements.
• §19-1-4b Authority of commissioner to increase certain fees by rules or regulations.
• §19-1-4c Agriculture fees fund.
• §19-1-4d Farmland preservation fees fund.
• §19-1-5 Cooperative statistical work.
• §19-1-6 Duty of assessor to gather statistics.
• §19-1-7 Repealed
• §19-1-8 Penalty for failure of assessor to perform duties.
• §19-1-9 Agriculture advisory board.
• §19-1-10 Requirement for social security number on applications.

ARTICLE 1A. DIVISION OF FORESTRY. 

• §19-1A-1 Legislative findings.
• §19-1A-2 Legislative purposes.
• §19-1A-3 Division of Forestry; Division Director; duties, powers, dedication of certain moneys; creation of a special revenue account.
• §19-1A-3a Providing criminal penalties for the illegal possession of uncertified ginseng.
• §19-1A-4 Additional duties of the director of the division of forestry generally.
• §19-1A-5 Director of Division of Forestry; appointment; qualifications.
• §19-1A-6 Repealed

ARTICLE 1B. SEDIMENT CONTROL DURING COMMERCIAL TIMBER HARVESTING OPERATIONS. 

• §19-1B-1 Short title.
• §19-1B-2 Legislative findings, intent and purpose of article.
• §19-1B-3 Definitions.
• §19-1B-4 Timbering license required; requirement for license; exemption; annual fee; rules.
• §19-1B-5 Compliance orders, suspension of timbering operating license.
• §19-1B-6 Notification of duration of timbering operations or harvesting of timber for sale; requirements thereof.
• §19-1B-7 Certification of persons supervising timbering operations, timbering operations to be supervised, promulgation of rules.
• §19-1B-8 Timbering operations enforcement fund.
• §19-1B-9 Right of entry.
• §19-1B-10 Orders of the director.
• §19-1B-11 Creation of conference panels; authority.
• §19-1B-12 Civil penalties.
• §19-1B-12a Criminal penalties.
• §19-1B-13 Cooperation of other state agencies.
• §19-1B-14 Effect on other laws.

ARTICLE 2. MARKETING AGRICULTURAL PRODUCTS. 

• §19-2-1 Definitions.
• §19-2-2 Duties and powers of commissioner.
• §19-2-3 Commissioner to cooperate with federal department of agriculture.
• §19-2-4 Quarantines.
• §19-2-5 Inspection and grading of agricultural products; charges.
• §19-2-6 Inspection and quarantine powers of commissioner.
• §19-2-7 Prohibited sales.
• §19-2-8 Market bulletins.
• §19-2-9 Inspectors, graders and assistants.
• §19-2-10 Commissioner to enforce article.
• §19-2-11 Penalties.

ARTICLE 2A. PUBLIC MARKETS. 

• §19-2A-1 Public market defined.
• §19-2A-2 Public markets subject to state regulation.
• §19-2A-3 Operation of public markets.
• §19-2A-4 Permits to operate; application and hearing.
• §19-2A-5 Permits for existing markets.
• §19-2A-6 Fee for permits.
• §19-2A-7 Revocation or suspension of permits.
• §19-2A-8 Applicant for permit to furnish surety bond for benefit of consignors; form of surety bond.
• §19-2A-9 Appeal from order of commissioner.
• §19-2A-10 Licensing of weighmen and auctioneers; application and fee; sale of livestock by weight.
• §19-2A-11 Approval of grading, classifying or standardizing by licensed person; application for license; fee.
• §19-2A-12 Duration of licenses; renewals; refusal, revocation or suspension.
• §19-2A-13 Unlawful for licensed weighman, grader or auctioneer to buy or trade at market in which employed; false weights.
• §19-2A-14 Testing and inspection of livestock for infectious diseases; fees; records.
• §19-2A-15 Annual meetings to establish uniform standards, grades and market practices.
• §19-2A-16 Record of transactions; inspection by commissioner or agents.
• §19-2A-16a Separate account required; prompt payment required; penalties.
• §19-2A-17 Authority of commissioner to enforce article; conflicts with federal authority.
• §19-2A-18 Fees paid into special fund in state treasury.
• §19-2A-19 Penalties for violation of article or rules and regulations.

ARTICLE 2B. INSPECTION OF MEAT AND POULTRY. 

• §19-2B-1 Purpose and construction.
• §19-2B-1a Continuation of meat and poultry inspection program.
• §19-2B-2 Definitions.
• §19-2B-3 Commissioner to enforce article; rules; cooperation with federal agencies, etc.
• §19-2B-4 License required for commercial slaughterer, custom slaughterer, commercial processor, custom processor or distributor; application for license; fees; refusal, revocation or suspension; suspension of inspection; establishment number or numbers.
• §19-2B-5 Access to establishments, records, etc.
• §19-2B-6 Inspection, marking, labeling, branding, etc.; quarantine; segregation; scheduling of operations; disposition of carcasses, etc.; reinspection; health examination; rejection tags.
• §19-2B-7 Exclusion of slaughterhouses and processing plants under the supervision of or approved by the United States department of agriculture.
• §19-2B-8 Exemptions.
• §19-2B-9 Hearings; judicial review.
• §19-2B-10 Additional prohibitions.
• §19-2B-11 Criminal penalties; civil penalties.
• §19-2B-12 Severability.

ARTICLE 2C. AUCTIONEERS. 

• §19-2C-1 Definitions.
• §19-2C-2 License required.
• §19-2C-3 Procedure for license; department of agriculture as statutory agent for licensees; fee.
• §19-2C-4 Bond required.
• §19-2C-5 Requirements for license; rules and regulations; duties of licensee.
• §19-2C-5a Examinations of applicants; excuse for illness; fee renewal.
• §19-2C-6 Apprentice licenses; fees.
• §19-2C-6a Investigation of complaints; board of review.
• §19-2C-6b Duties and responsibilities of an apprentice auctioneer and a sponsoring auctioneer.
• §19-2C-6c Procedure for obtaining nonresident auctioneer's and apprentice auctioneer's license.
• §19-2C-7 Orders of commissioner; hearing; review.
• §19-2C-8 Penalties for violation of article or rules and regulations.
• §19-2C-8a Revocation.
• §19-2C-9 Written contracts; exception.
• §19-2C-10 Advertising.
• §19-2C-11 Repealed

ARTICLE 2D. IMITATION HONEY PRODUCT LAW. 

• §19-2D-1 Definitions.
• §19-2D-2 Labeling.
• §19-2D-3 Penalties.

ARTICLE 2E. HUMANE SLAUGHTER OF LIVESTOCK. 

• §19-2E-1 Title.
• §19-2E-2 Declaration of purpose.
• §19-2E-3 Definitions.
• §19-2E-4 Commissioner to enforce article; rules and regulations; effective date.
• §19-2E-5 Methods of humane slaughter.
• §19-2E-6 Penalties.
• §19-2E-7 Severability.

ARTICLE 2F. BEEF INDUSTRY SELF-IMPROVEMENT ASSESSMENT PROGRAM. 

• §19-2F-1 Purpose.
• §19-2F-2 Definitions.
• §19-2F-3 Petition for referendum; public hearing; notice.
• §19-2F-4 Conduct of referendum.
• §19-2F-5 Repealed
• §19-2F-6 Beef Industry Council; appointment; terms; qualification of members; removal of members; officers; meetings; expenses.
• §19-2F-7 Powers and duties of the Council; rule-making authority.
• §19-2F-8 Notice, levy and collection of assessment.
• §19-2F-9 Refunds.
• §19-2F-10 Penalties.
• §19-2F-11 Continuation of program.

ARTICLE 2G. TREE FRUIT INDUSTRY SELF-IMPROVEMENT BOARD. 

• §19-2G-1 Repealed
• §19-2G-2 Repealed
• §19-2G-3 Repealed
• §19-2G-4 Repealed
• §19-2G-5 Repealed
• §19-2G-6 Repealed
• §19-2G-7 Repealed
• §19-2G-8 Repealed
• §19-2G-9 Repealed
• §19-2G-10 Repealed

ARTICLE 3. SALE OF FARM PRODUCTS BY COMMISSION MERCHANTS. 

• §19-3-1 License required; application and fee.
• §19-3-2 Applicant to furnish surety bond.
• §19-3-3 Grounds for refusal or revocation of license.
• §19-3-4 Suit on bond; limitation on recovery.
• §19-3-5 Penalty; moneys collected to be deposited in "general marketing fund."

ARTICLE 4. COOPERATIVE ASSOCIATIONS. 

• §19-4-1 Definitions.
• §19-4-2 Who may organize.
• §19-4-3 Purposes.
• §19-4-4 Powers.
• §19-4-5 Members.
• §19-4-6 Articles of incorporation.
• §19-4-7 Amendments to articles of incorporation.
• §19-4-8 Bylaws.
• §19-4-9 General and special meetings.
• §19-4-10 Directors.
• §19-4-11 Officers.
• §19-4-12 Officers, employees and agents to be bonded.
• §19-4-13 Stock; membership certificate; voting; liability; limitations on transfer and ownership.
• §19-4-14 Removal of officer or director.
• §19-4-15 Referendum.
• §19-4-16 Marketing contract.
• §19-4-17 Remedies for breach of contract.
• §19-4-18 Purchasing property of other associations, persons, firms or corporations.
• §19-4-19 Annual reports.
• §19-4-20 Conflicting laws not to apply; exemptions.
• §19-4-21 Use of term "cooperative."
• §19-4-22 Interest in other corporations or associations; warehouse receipts as collateral.
• §19-4-23 Contracts and agreements with other associations.
• §19-4-24 Rights and remedies apply to similar associations of other states.
• §19-4-25 Associations heretofore organized may adopt provisions of article.
• §19-4-26 False reports about finances or management of cooperative associations; penalty.
• §19-4-27 Liability as to delivery of products in violation of marketing agreements.
• §19-4-28 Associations to be deemed not in restraint of trade.
• §19-4-29 Application of general corporation laws.
• §19-4-30 Provisions of article separable.

ARTICLE 5. GRADING AND PACKING OF FRUITS AND VEGETABLES. 

• §19-5-1 Standard grades for closed packages of fruits and vegetables.
• §19-5-2 Markings on packages.
• §19-5-3 Enforcement of article.
• §19-5-4 When fruits or vegetables presumed offered or exposed for sale.
• §19-5-5 Offenses; penalty.
• §19-5-6 Exemption from prosecution.
• §19-5-7 Certificates of inspectors as prima facie evidence.
• §19-5-8 Provisions of article separable.

ARTICLE 5A. CONTROLLED ATMOSPHERE STORAGE OF FRESH FRUITS AND VEGETABLES. 

• §19-5A-1 Purpose and construction.
• §19-5A-2 Definitions.
• §19-5A-3 Commissioner to enforce article; rules and regulations; cooperation with other authorities.
• §19-5A-4 License required for operation of warehouse; application; fees; term of license; inspections; refusal, suspension or revocation of license.
• §19-5A-5 Access to warehouses, records, etc.
• §19-5A-6 CA warehouse numbers; issuance and use.
• §19-5A-7 Oxygen content, time and temperature requirements for classification of fruits or vegetables as controlled atmosphere stored.
• §19-5A-8 Air component determinations; records; forms; contents.
• §19-5A-9 Minimum condition and maturity standards.
• §19-5A-10 Subpoena power; production of books, records, etc.; enjoining violation; admissibility of inspection certificates.
• §19-5A-11 Unlawful acts; penalties.
• §19-5A-12 Article cumulative and nonexclusive; severability.

ARTICLE 6. DEMONSTRATION PACKINGHOUSES AND SIMILAR PLANTS. 

• §19-6-1 Demonstration fruit packing house.
• §19-6-2 Demonstration poultry and egg packing plant.
• §19-6-3 Demonstration garden products plant.
• §19-6-4 Buildings and equipment.

ARTICLE 7. STATE AID FOR FAIRS. 

• §19-7-1 Amount of state aid for fairs and festivals.
• §19-7-2 State aid where more than one fair, festival or event in county.
• §19-7-3 Repealed
• §19-7-4 When fairs, festivals and events are entitled to state aid.
• §19-7-5 Repealed
• §19-7-6 Repealed
• §19-7-7 Repealed
• §19-7-8 Gambling devices and immoral shows prohibited; forfeiture of right to state aid; horse racing exempted.
• §19-7-9 State fair of West Virginia; ex officio members of board of directors; appropriations; authority to propose rules.
• §19-7-10 Appropriations specifically made available for designated exhibitions.
• §19-7-11 Determination of eligibility; legislative rules.

ARTICLE 8. COOPERATIVE EXTENSION WORKERS. 

• §19-8-1 County extension service committee; composition; organization; duties and responsibilities; employment and compensation of extension workers.
• §19-8-2 Expenditure of appropriations; compliance with "Smith- Lever Act."
• §19-8-3 Duties of county extension workers; extension service to cooperate with county court and board of education.
• §19-8-4 Repealed

ARTICLE 9. DISEASES AMONG DOMESTIC ANIMALS. 

• §19-9-2 Duties and powers of commissioner.
• §19-9-3 Consulting veterinarians to assist commissioner.
• §19-9-4 Inspectors of animals.
• §19-9-5 Persons authorized to enter premises; powers thereof; refusal to enforce orders of commissioner.
• §19-9-6 Report of communicable diseases by veterinarians and owners; failure to report.
• §19-9-7 Commissioner may accept federal laws and regulations.
• §19-9-7a National Animal Identification System; rulemaking; exemption.
• §19-9-8 Powers of federal inspectors.
• §19-9-9 County court may cooperate in control and eradication of communicable diseases.
• §19-9-10 Commissioner may prescribe tests for diseases.
• §19-9-11 Reports of sales of and tests with diagnostic materials.
• §19-9-12 Unlawful sale of diagnostic materials.
• §19-9-12a Sale, distribution or administration of unattenuated hog cholera virus.
• §19-9-14 Establishment of special quarantine.
• §19-9-15 Establishment of general quarantine.
• §19-9-16 Unlawful to remove, deface or destroy quarantine notice.
• §19-9-17 Care of quarantined animals; expense.
• §19-9-18 Removal of animals, etc., from quarantined area; running at large of dogs in such area.
• §19-9-19 Domestic animal within quarantined area running at large.
• §19-9-20 Bringing animals into state; health certificate.
• §19-9-21 Animals entering state without health certificate.
• §19-9-22 Unlawful possession of animal brought into state.
• §19-9-23 Regulation of imported dairy or breeding animals.
• §19-9-24 Importation of dairy or breeding animal unaccompanied by health certificate and test chart.
• §19-9-25 Commissioner may decline to accept health certificate or test chart.
• §19-9-26 Animals brought into state for slaughter or for exhibition purposes.
• §19-9-27 Unlawful sale of animals for breeding or dairy purposes.
• §19-9-28 Indemnity for euthanizing infected or exposed animals; agreement.
• §19-9-29 When right of indemnity does not exist.
• §19-9-30 Appraisal of infected or exposed animals; amount; arbitration; fees of arbitrators.
• §19-9-31 Certificate of appraisal.
• §19-9-32 Euthanasia of diseased animals; supervision; certificate of euthanasia.
• §19-9-33 Payment of indemnity.
• §19-9-34 Disposal of carcass of diseased animal.
• §19-9-34a Authority of commissioner to promulgate rules regulating disposal of dead animals.
• §19-9-35 Tests for bovine tuberculosis; disposition of infected bovine animals.
• §19-9-36 Rules for determining amount of indemnity.
• §19-9-37 Payment of indemnity for animals slaughtered as tuberculous.
• §19-9-38 Transportation of diseased animals.
• §19-9-39 Selling or giving away diseased animal; permitting it to stray.
• §19-9-40 Penalties.

ARTICLE 9A. FEEDING OF UNTREATED GARBAGE TO SWINE. 

• §19-9A-1 Definitions.
• §19-9A-2 Permit required for feeding garbage to swine; renewal; fee; exception.
• §19-9A-3 Application for permit.
• §19-9A-4 Refusal or revocation of permit.
• §19-9A-5 Cooking or other treatment of garbage required.
• §19-9A-6 Inspection and investigation; maintenance of records.
• §19-9A-7 Administration and enforcement of article; rules and regulations.
• §19-9A-8 Penalties; enjoining violation.

ARTICLE 10. MALE BREEDING ANIMALS. 

• §16719-10-1to19-10-13 Repealed

ARTICLE 10A. THE WEST VIRGINIA EGG MARKETING LAW OF 1998. 

• §19-10A-1 Purpose; and short title.
• §19-10A-2 Definitions.
• §19-10A-3 Permits and registration.
• §19-10A-4 Exemptions.
• §19-10A-5 Container requirements.
• §19-10A-6 Prohibited acts.
• §19-10A-7 Labeling.
• §19-10A-9 Advertising.
• §19-10A-10 Powers and duties of the commissioner.
• §19-10A-11 Egg handling facilities, temperature and humidity, sanitation and cleaning.
• §19-10A-12 Access to premises.
• §19-10A-13 Penalties.
• §19-10A-14 Persons punishable as principals.
• §19-10A-15 Cooperation with other entities.
• §19-10A-16 Confidentiality of trade secrets.

ARTICLE 10B. LIVESTOCK DEALER'S LICENSING ACT. 

• §19-10B-1 Short title.
• §19-10B-2 Definitions.
• §19-10B-3 License required; fee.
• §19-10B-4 Applicant to furnish bond.
• §19-10B-5 Records of transactions; inspection by commissioner.
• §19-10B-6 Investigation of complaints; board of review; orders of the commissioner; hearing; review.
• §19-10B-7 Refusals, suspensions or revocation of licenses.
• §19-10B-8 Fees paid into special fund in state treasury.
• §19-10B-9 Commissioner to enforce article; rules and regulations.
• §19-10B-10 Penalties.
• §19-10B-11 Construction.

ARTICLE 11. BULK MILK TRADE LAW. 

• §19-11-1 Purpose.
• §19-11-2 Definitions.
• §19-11-3 Permit for the purchase of milk.
• §19-11-4 Certificates of proficiency.
• §19-11-5 Licenses.
• §19-11-6 Purchase of milk.
• §19-11-7 Adulteration.
• §19-11-8 Prohibited acts.
• §19-11-9 Powers and duties of commissioner.
• §19-11-10 Suspension, revocation or denial of permits, licenses and certificates of proficiency.
• §19-11-11 Hearings and appeals.
• §19-11-12 Criminal penalties; civil penalties; negotiated agreement.
• §19-11-13 Payment of fees.
• §19-11-14 Cooperation with other entities.
• §19-11-15 Confidentiality of trade secrets.
• §19-11-16 Repealed
• §19-11-17 Repealed

ARTICLE 11A. DAIRY PRODUCTS AND IMITATION DAIRY PRODUCTS LAW. 

• §19-11A-1 Purpose.
• §19-11A-2 Definitions.
• §19-11A-3 Permits.
• §19-11A-4 Labeling.
• §19-11A-5 Adulteration.
• §19-11A-6 Misbranded.
• §19-11A-7 Prohibited acts.
• §19-11A-8 Approved sampling and testing methods.
• §19-11A-9 Approved laboratories.
• §19-11A-10 Powers and duties of commissioner.
• §19-11A-11 Suspension, revocation or denial of permits.
• §19-11A-12 Hearings and appeals.
• §19-11A-13 Criminal penalties; civil penalties; negotiated agreement.
• §19-11A-14 Payment of fees.
• §19-11A-15 Cooperation with other entities.
• §19-11A-16 Confidentiality of trade secrets.

ARTICLE 11B. FROZEN DESSERTS AND IMITATION FROZEN DESSERTS LAW. 

• §19-11B-1 Purpose.
• §19-11B-2 Definitions.
• §19-11B-3 Frozen desserts manufacturer permit.
• §19-11B-4 Labeling.
• §19-11B-5 Adulteration.
• §19-11B-6 Misbranded.
• §19-11B-7 Prohibited acts.
• §19-11B-8 Approved sampling and testing methods.
• §19-11B-9 Approved laboratories.
• §19-11B-10 Powers and duties of commissioner.
• §19-11B-11 Suspension, revocation or denial of permits.
• §19-11B-12 Hearings and appeals.
• §19-11B-13 Criminal penalties; civil penalties; negotiated agreement.
• §19-11B-14 Payment of fees.
• §19-11B-15 Cooperation with other entities.
• §19-11B-16 Confidentiality of trade secrets.

ARTICLE 11C. SOUTHERN DAIRY COMPACT. 

• §19-11C-1 Enactment of compact.
• §19-11C-2 Compact administrator.
• §19-11C-3 Appointment of delegation.
• §19-11C-4 Effective date.

ARTICLE 11D. TRADITIONAL CHEESE PRODUCTION. 

• §19-11D-1 Legislative findings.
• §19-11D-2 Application of article
• §19-11D-3 Exemption from regulatory control; authorizing rules by the commissioner of agriculture.

ARTICLE 12. INSECT PESTS, PLANT DISEASES AND NOXIOUS WEEDS. 

• §19-12-1 Title.
• §19-12-2 Definitions.
• §19-12-3 Commissioner to enforce article; powers and duties generally.
• §19-12-4 Detection and abundance surveys; findings of commissioner; eradication and suppression.
• §19-12-5 Rules and regulations for eradication, etc., of plant pests and other insects and noxious weeds; enjoining violations of article or rules and regulations.
• §19-12-6 Quarantines and other orders; plants or plant products entering state.
• §19-12-7 Infected or infested nursery stock, articles or materials subject to seizure, etc.
• §19-12-8 Right of entry on premises.
• §19-12-9 Certificate of registration for nurserymen, dealers, etc.; refusal, suspension, etc., of certificates; annual registration fees.
• §19-12-10 Inspection of nurseries; orders of commissioner as to eradication or control of infestation.
• §19-12-11 Nursery stock brought into state to carry inspection certificate.
• §19-12-12 Disposition of fees collected.
• §19-12-13 Inspection of plants, etc., by commissioner upon request; certificate stating results of inspection.
• §19-12-14 Permit required to sell, transport, etc., plant pests or noxious weeds.
• §19-12-15 Information to be furnished and inspection allowed upon request of commissioner.
• §19-12-16 Criminal penalties; civil penalties; duties of the prosecuting attorney.
• §19-12-17 Severability.
• §19-12-18 Confidentiality of trade secrets.

ARTICLE 12A. LAND DIVISION. 

• §19-12A-1 Legislative findings and declarations.
• §19-12A-1a Farm management commission abolished; property transferred; powers and duties of commissioner of agriculture.
• §19-12A-2 Definitions.
• §19-12A-3 Farm management commission continued; composition; chairman; quorum; meetings; vacancies.
• §19-12A-4 Transfer of institutional farms, farm equipment, farm facilities, inventories and agricultural products to commission; utility continuance; provisions for uninterrupted operation; transfer of funds.
• §19-12A-5 Powers, duties and responsibilities of commission.
• §19-12A-6 Appointment of farm management director; qualifications; powers and duties.
• §19-12A-6a Special revenue account.
• §19-12A-7 Farm division lines to be established; appeal to commission; remedy.
• §19-12A-8 Effect of management plan on employees.
• §19-12A-9Repealed Acts, 1991 Reg. Sess., Ch. 86. Code Affected by New Legislation 22 Code Citations affected in Chapter 19 during the 2010 Legislative Sessions

ARTICLE 12B. INTERSTATE COMPACT ON PEST CONTROL. 

• §19-12B-1 Enactment of compact.
• §19-12B-2 Appropriations for insurance fund.
• §19-12B-3 Filing of bylaws and amendments.
• §19-12B-4 Compact administrator.
• §19-12B-5 Request for assistance.
• §19-12B-6 Disposition of compact grants and reimbursements.
• §19-12B-7 Executive head.

ARTICLE 12C. INTERAGENCY COMMITTEE ON PESTICIDES. 

• §16719-12C-1to19-12C-7 Repealed

ARTICLE 12D. WEST VIRGINIA NOXIOUS WEED ACT. 

• §19-12D-1 Title.
• §19-12D-2 Declaration of purpose; legislative findings.
• §19-12D-3 Definitions.
• §19-12D-4 Administration of article; promulgation of regulations.
• §19-12D-5 Surveys for noxious weeds; multiflora rose.
• §19-12D-6 Quarantines.
• §19-12D-7 Prohibited acts; permits; authority to stop sale or delivery.
• §19-12D-8 Cooperation with federal and state agencies; drug producing plants declared noxious; establishment of program for eradication of multiflora rose.
• §19-12D-9 Right of entry.
• §19-12D-10 Review of actions of commissioner.
• §19-12D-11 Penalties.
• §19-12D-12 Importation or sale of multiflora rose unlawful.

ARTICLE 12E. INDUSTRIAL HEMP DEVELOPMENT ACT. 

• §19-12E-1 Short title.
• §19-12E-2 Purpose.
• §19-12E-3 Definitions.
• §19-12E-4 Industrial hemp authorized as agricultural crop.
• §19-12E-5 Industrial hemp - licensing.
• §19-12E-6 Industrial hemp production - notification.
• §19-12E-7 Rule-making authority.
• §19-12E-8 Disposition of fees.
• §19-12E-9 Defense for possession or cultivation of marijuana.

ARTICLE 13. INSPECTION AND PROTECTION OF AGRICULTURE. 

• §19-13-1 Short title.
• §19-13-2 Definitions.
• §19-13-3 Commissioner's powers and duties; rule-making authority; apiary education; cooperation with governmental agencies; seizure of infected bees and bee equipment.
• §19-13-4 Registration of bees; identification of apiaries.
• §19-13-5 Right of entry; apiary inspections; quarantines.
• §19-13-6 Abandoned apiaries and equipment; notice.
• §19-13-7 Bees brought into state to carry inspection certificate; commissioner to be notified; interstate movement of bees.
• §19-13-8 Repealed
• §19-13-9 Candy for mailing cages.
• §19-13-10 Repealed
• §19-13-11 Penalties for violations of article; rules.
• §19-13-12 Severability.
• §19-13-13 Repealed
• §19-13-14 Repealed
• §19-13-15 Repealed
• §19-13-16 Repealed
• §19-13-17 Repealed
• §19-13-18 Repealed
• §19-13-19 Repealed
• §19-13-20 Repealed

ARTICLE 14. WEST VIRGINIA COMMERCIAL FEED LAW. 

• §19-14-1 Title.
• §19-14-2 Definitions.
• §19-14-3 Powers and duties of the commissioner.
• §19-14-4 Special revenue fund.
• §19-14-5 Permits; registration.
• §19-14-6 Refusal of applications; suspension and revocation of registrations and permits.
• §19-14-7 Hearings and appeals.
• §19-14-8 Labeling.
• §19-14-9 Tonnage reports; inspection fees.
• §19-14-10 Adulteration.
• §19-14-11 Misbranding.
• §19-14-12 Embargoes; condemnation and confiscation; injunctions.
• §19-14-13 Confidentiality of trade secrets.
• §19-14-14 Prohibited acts.
• §19-14-15 Penalties.

ARTICLE 15. WEST VIRGINIA FERTILIZER LAW. 

• §19-15-2 Registration.
• §19-15-3 Labels.
• §19-15-4 Inspection fees.
• §19-15-5 Tonnage reports.
• §19-15-6 Inspection, sampling and analysis.
• §19-15-7 Deficiencies.
• §19-15-8 Commercial value.
• §19-15-9 Misbranding.
• §19-15-1 Definitions of words and terms.
• §19-15-10 Adulteration.
• §19-15-11 Publications.
• §19-15-12 Rules.
• §19-15-13 Short weight.
• §19-15-14 Cancellation of registrations.
• §19-15-15 Embargo orders.
• §19-15-16 Seizure, condemnation and sale.
• §19-15-16a Local legislation prohibited.
• §19-15-17 Violations.
• §19-15-18 Exchanges between manufacturers.
• §19-15-19 Expenditure of registration, inspection and penalty fees.
• §19-15-20 Constitutionality.
• §19-15-21 Repeal.

ARTICLE 15A. WEST VIRGINIA AGRICULTURAL LIMING MATERIALS LAW. 

• §19-15A-1 Definitions of words and terms.
• §19-15A-2 Registration of brands; registration fees.
• §19-15A-3 Required labeling; toxic materials prohibited.
• §19-15A-4 Inspection fee; report of tonnage; annual report.
• §19-15A-5 Inspection; sampling; analysis.
• §19-15A-6 Embargo; suspension or cancellation of registration; seizure of materials.
• §19-15A-7 Deficiency assessment, tolerances and payment.
• §19-15A-8 Rule-making authority.
• §19-15A-9 Disposition of fees.
• §19-15A-10 Penalties.

ARTICLE 16. WEST VIRGINIA SEED LAW. 

• §19-16-1 Definitions.
• §19-16-2 Label requirements.
• §19-16-3 Certificate of registration; seed fees; payment of fees; disposition of funds.
• §19-16-4 Prohibitions.
• §19-16-4a Local laws prohibited.
• §19-16-5 Exemptions.
• §19-16-6 Duties and authority of commissioner of agriculture.
• §19-16-7 Seizure.
• §19-16-8 Violations and prosecutions.

ARTICLE 16A. WEST VIRGINIA PESTICIDE CONTROL ACT. 

• §19-16A-1 Short title.
• §19-16A-2 Declaration of purpose; legislative finding.
• §19-16A-3 Definitions.
• §19-16A-4 Powers and duties of the commissioner.
• §19-16A-5 Registration of pesticides; fees; confidentiality of trade secrets.
• §19-16A-6 Refusal or cancellation of registration.
• §19-16A-7 Annual pesticide business license.
• §19-16A-8 Financial security requirement for licensed pesticide business.
• §19-16A-9 Records of pesticide businesses.
• §19-16A-10 Restricted use pesticides.
• §19-16A-11 Application of this article to government entities; liability.
• §19-16A-12 Private and commercial applicator's license and certificate; registered technician certificate.
• §19-16A-13 Renewals.
• §19-16A-14 Exemptions.
• §19-16A-15 Reexamination or special examinations.
• §19-16A-16 Employee training program.
• §19-16A-17 Reciprocal agreement.
• §19-16A-18 Denial, suspension or revocation of license, permit or certification; civil penalty.
• §19-16A-19 Pesticide accidents; incidents or loss.
• §19-16A-20 Legal recourse of aggrieved persons.
• §19-16A-21 Violations.
• §19-16A-22 Criminal penalties; civil penalties; negotiated agreement.
• §19-16A-23 Continuation of Pesticide Control Fund in State Treasury; disposition of certain fees to General Revenue Fund.
• §19-16A-24 Issuance of subpoenas.
• §19-16A-25 Right of commissioner to enter and inspect; enforcement of article.
• §19-16A-26 Issuance of stop-sale; use or renewal orders; judicial review.
• §19-16A-27 Issuing warnings.

ARTICLE 16B. WEST VIRGINIA PESTICIDE USE AND APPLICATION ACT. 

• §16719-16B-1to19-16B-26 Repealed

ARTICLE 17. FENCES. 

• §19-17-1 Definition of lawful fence.
• §19-17-2 Rivers and streams as lawful fences; establishment or discontinuance.
• §19-17-3 Hedge fence.
• §19-17-4 Partition fence; liability for trespass of animals.
• §19-17-5 Apportionment of construction and maintenance of partition fence.
• §19-17-6 Sharing cost of constructed fences.
• §19-17-7 Notice of intention to build or repair partition fence; answer.
• §19-17-8 Disputes relating to partition fences.
• §19-17-9 Repealed
• §19-17-10 Liability of owner for refusal to repair fence.
• §19-17-11 Presumptions as to sufficiency of fence.

ARTICLE 18. GENERAL STOCK LAW. 

• §19-18-1 Stock trespassing on grounds of another; damages.
• §19-18-2 Unlawful running at large of stock on road or railroad right-of-way.
• §19-18-3 Unlawful running at large of certain male animals and swine.
• §19-18-4 Unlawful running at large of stock of nonresidents.
• §19-18-5 Liability of owner for damage by stock unlawfully running at large.
• §19-18-6 Impounding stock unlawfully running at large.
• §19-18-7 Forcible retaking of impounded stock; penalty.
• §19-18-8 Impounding stock when owner is known resident of state; arbitration of damages; right to sell impounded stock.
• §19-18-9 Impounding stock when owner is unknown or a nonresident.
• §19-18-10 Sale of impounded stock; disposition of proceeds.
• §19-18-11 Entry of stock of nonresidents without consent of landowner prohibited.
• §19-18-12 Entry of stock of nonresidents deemed trespass; damages.

ARTICLE 19. PRESERVATION OF AGRICULTURAL PRODUCTION. 

• §19-19-1 Purpose; public policy.
• §19-19-2 Definitions.
• §19-19-3 Temporary change of agricultural operations.
• §19-19-4 Agriculture not adverse; limitation of actions.
• §19-19-5 Duties of owner or operator maintained.
• §19-19-6 Liability for damage or destruction of sylvicultural or agricultural field test crop; damages.

ARTICLE 20. DOGS AND CATS. 

• §19-20-1 Dogs subject to taxation; declared to be personal property.
• §19-20-2 Collection of head tax on dogs; duties of assessor and sheriff; registration of dogs; disposition of head tax; taxes on dogs not collected by assessor.
• §19-20-3 Registration of dog kennels; application; fee; expiration of certificate of registration.
• §19-20-4 Forms for registration; records; registration tags; loss thereof.
• §19-20-5 Wearing of registration tag by dog.
• §19-20-6 County dog warden; rules and regulations for dog control; prosecution and penalties for violation of ordinances.
• §19-20-6a Authority of county commission to contract with private society, other county or municipality for the care and control of dogs and cats.
• §19-20-7 Dog pound and equipment to be provided by county court [county commission]; exception.
• §19-20-8 Impounding and disposition of dogs; costs and fees.
• §19-20-8a Joint ownership, etc., by counties and municipalities of dog pounds; joint employment of dog wardens.
• §19-20-9 Failure to register dog or kennel; alteration or forging of registration certificate or tag; penalties.
• §19-20-9a Dogs, cats, etc.; rabies observation.
• §19-20-10 Dog and kennel fund; disposition thereof.
• §19-20-11 Assessment of dogs as personal property.
• §19-20-12 Dogs, other animals and reptiles protected by law; unlawful killing thereof; aggrieved owner's remedy; penalties; penalties for unlawful stealing of companion animals.
• §19-20-13 Dog running at large; liability of owner.
• §19-20-14 Dog killing, wounding or worrying livestock or poultry -- Recovery of damages.
• §19-20-15 Same -- Assessment of damages; appraisers.
• §19-20-16 Same -- When lawful to kill dog.
• §19-20-17 Same -- Unlawful to harbor dog; penalty.
• §19-20-18 Same -- Duty of owner to kill dog; proceeding before magistrate on failure of owner to kill.
• §19-20-19 Offenses; criminal penalties; jurisdiction.
• §19-20-19a Dog warden and deputy dog wardens; power to issue citations.
• §19-20-20 Keeping vicious dogs; humane officers may kill such dogs.
• §19-20-21 License fee for keeping vicious or dangerous dog.
• §19-20-22 Confinement of female dogs.
• §19-20-23 Prohibition of the use of impounded dogs and cats.
• §19-20-25 Retirement, transfer or disposal of state owned dogs and horses.

ARTICLE 20A. VACCINATION OF DOGS AND CATS FOR RABIES. 

• §19-20A-1 Purpose and policy.
• §19-20A-2 Vaccination of dogs and cats.
• §19-20A-3 Vaccination record and report.
• §19-20A-4 Vaccination tag and certificate.
• §19-20A-5 Type of vaccine to be furnished; fee.
• §19-20A-6 Offenses and penalties.
• §19-20A-7 Enforcement of article.
• §19-20A-8 Vaccinated dogs and cats may run at large; confinement may be required by the commissioner of agriculture within the limits of any quarantine area or locality; and ordinances or rules may be promulgated by any county commission or municipality relating to the control and management of dogs within the county; providing limited exemption for hunting and farm dogs from county commission or municipality action.

ARTICLE 20B. SPAYING OR NEUTERING OF DOGS AND CATS. 

• §19-20B-1 Short title.
• §19-20B-2 Requirement for adoption.
• §19-20B-3 Deposit.
• §19-20B-4 Petition for compliance.
• §19-20B-5 Penalty.
• §19-20B-6 Dogs or cats claimed by owner.

ARTICLE 21. DRAINAGE DISTRICTS. 

• §19-21-1 Jurisdiction of circuit courts to organize drainage districts; definition of terms.
• §19-21-2 Proceedings under article have precedence over other cases; exceptions; mandamus.
• §19-21-3 Petition to establish district.
• §19-21-4 Appointment of engineer; duties and compensation thereof; notice of application to form drainage district.
• §19-21-5 Objections to formation of drainage district; action of court; appeal; filing of decree in office of clerk of county court [county commission].
• §19-21-6 First meeting of owners; election of board of supervisors.
• §19-21-7 Annual meeting of owners; election of supervisor.
• §19-21-8 Oath of supervisor; effect of failure to qualify.
• §19-21-9 Organization of board of supervisors; duties and compensation.
• §19-21-10 Appointment, powers and duties of chief engineer; adoption of plan for reclamation.
• §19-21-11 Tax levy to pay preliminary expenses; delinquent tax as lien on property; disposition of funds.
• §19-21-12 Board of appraisers.
• §19-21-13 Assessment of benefits and damages; extension of district to include other lands; report of appraisers; compensation.
• §19-21-14 Publication of appraisers' report.
• §19-21-15 Exceptions to appraisers' report; action of court thereon; review of assessments.
• §19-21-16 Assessment of damages by jury.
• §19-21-17 Powers of board of supervisors; letting of contracts; persons to whom contract may not be awarded; payments to contractors.
• §19-21-18 Levying of tax to pay costs of completion; tax lien.
• §19-21-19 Annual installment tax; certification thereof to sheriff.
• §19-21-20 Collection of taxes.
• §19-21-21 When taxes payable; suit by supervisors to collect delinquent taxes; suit by bondholder.
• §19-21-22 General conduct of suit; purchase by commissioner in name of board of supervisors; redemption.
• §19-21-23 Lien of bonds; collection of annual tax to pay bonds; nonpayment of bond; receiver.
• §19-21-24 Treasurer of district; salary, bond and duties; audit of books.
• §19-21-25 Powers of board of supervisors to drain, protect and reclaim land.
• §19-21-26 Employment of attorney.
• §19-21-27 Record of board of supervisors.
• §19-21-28 Right to enter and appropriate land; vesting of title in district; compensation of owner.
• §19-21-29 Cost of constructing ditch or drain across highway; constructing, enlarging or changing bridge, culvert or trestle; removal of structure for passage of boat or equipment.
• §19-21-30 Unpaid warrants to draw interest.
• §19-21-31 Surety bonds to be made payable to district; persons covered by bond.
• §19-21-32 No action to abate on account of death or disability; service of summons; notice to nonresidents.
• §19-21-33 Definition of "owner"; effect of failure to summon owner.
• §19-21-34 Petition to amend former decree; notice; objections to amendments; hearing by court; appointment and duties of appraisers.
• §19-21-35 Serial bonds.
• §19-21-36 Formulation of new plans; additional assessments and levy.
• §19-21-37 Removal of officer or employee.
• §19-21-38 Connection of ditches or drains; consent of supervisors thereto; circuit court to decide disputes.
• §19-21-39 Maintenance and preservation of ditches, etc.; maintenance tax; collection thereof by sheriff.
• §19-21-40 Consolidation of adjacent districts.
• §19-21-41 Penalty for obstructing drain or damaging drainage work.

ARTICLE 21A. CONSERVATION DISTRICTS. 

• §19-21A-1 Title of article.
• §19-21A-2 Legislative determinations and declaration of policy.
• §19-21A-3 Definitions.
• §19-21A-4 State Conservation Committee; continuation.
• §19-21A-4a Repealed
• §19-21A-5 Continuation of conservation districts.
• §19-21A-6 Election of supervisors for each district; filling vacancies.
• §19-21A-7 Supervisors to constitute governing body of district; qualifications and terms of supervisors; powers and duties.
• §19-21A-8 Powers of districts; additional powers of supervisors.
• §19-21A-9 Cooperation between districts.
• §19-21A-10 Cooperation between state agencies and districts.
• §19-21A-11 Authority of governmental divisions to expend money for works of improvement; levy.
• §19-21A-12 Assurances of cooperation by governmental division.
• §19-21A-13 Contracts with district for construction of flood control projects; power to borrow money; levy.
• §19-21A-13a Repealed
• §19-21A-13b Repealed
• §19-21A-13c Repealed
• §19-21A-14 Discontinuing and reforming districts.

ARTICLE 21B. WATERSHED IMPROVEMENT DISTRICTS. 

• §19-21B-1 Definitions.
• §19-21B-2 Establishment of watershed improvement districts.
• §19-21B-3 Petition for establishment.
• §19-21B-4 Public hearing on petition; determination of need for district; defining boundaries.
• §19-21B-5 Determination of whether operation of proposed district is feasible.
• §19-21B-6 Declaration of organization of district; certification.
• §19-21B-7 Establishment of watershed improvement district situated in more than one soil conservation district.
• §19-21B-8 Inclusion of additional territory within existing district.
• §19-21B-9 Governing body of district; trustees.
• §19-21B-10 Officers, agents and employees; surety bonds; annual audit.
• §19-21B-11 Status and powers of district; powers of trustees.
• §19-21B-12 Powers granted to be additional to powers of soil conservation district.
• §19-21B-13 Discontinuance of watershed improvement districts.

ARTICLE 22. VINEGARS. 

• §16719-22-1to19-22-7 Repealed

ARTICLE 23. HORSE AND DOG RACING. 

• §19-23-1 License required for horse and dog racing and pari- mutuel wagering in connection therewith; exception.
• §19-23-2 Permits required for horse and dog racetrack positions; residency requirements for employees of licensees.
• §19-23-3 Definitions.
• §19-23-4 West Virginia racing commission continued as a public corporation; composition; terms; vacancies; qualifications, expenses of members; principal office; meetings; election of officers; quorum; inspection of records; annual report.
• §19-23-7 Application for license; forms; time for filing; disclosure required; verification; bond; application for permit.
• §19-23-7a Applicants for licenses and permits to provide fingerprints.
• §19-23-8 Consideration of application for license or permit; issuance or denial; contents of license or permit; grounds for denial of application; determination of racing dates; license or permit not transferable or assignable; limitation on license; validity of permit.
• §19-23-8b Horse or dog racing after six o'clock postmeridian on Sundays; application therefor; tentative approval; publication of notice; petition for local option election; local option election procedure; effect of such election.
• §19-23-8c Local option election procedure; form of ballot or ballot labels; effect of such election.
• §19-23-9 Pari-mutuel system of wagering authorized; licensee authorized to deduct commissions from pari-mutuel pools; retention of breakage; auditing; minors.
• §19-23-10 Daily license tax; pari-mutuel pools tax; how taxes paid; alternate tax; credits.
• §19-23-12 License to be in lieu of all other license, etc., taxes; exception.
• §19-23-12b Televised racing days; merging of pari-mutuel wagering pools.
• §19-23-12c Interstate simulcasts by licensed racetracks.
• §19-23-13 Disposition of funds for payment of outstanding and unredeemed pari-mutuel tickets; publication of notice; irredeemable tickets; stake races for dog tracks.
• §19-23-13a West Virginia bonus race fund.
• §19-23-13b West Virginia Thoroughbred Development Fund; distribution; restricted races; nonrestricted purse supplements; preference for West Virginia accredited thoroughbreds.
• §19-23-13c Expenditure of racetrack video lottery distribution.
• §19-23-14 Disposition of permit fees, registration fees and fines.
• §19-23-15 Investigation by racing commission; suspension or revocation of license or permit.
• §19-23-16 Entry of order suspending or revoking license or permit; service of order; contents; hearing; decision to be in writing.
• §19-23-17 Judicial review; appeal to supreme court of appeals; legal representation for racing commission.
• §19-23-19 Tentative approval of application for construction permit; denial of application; publication of notice.
• §19-23-20 Petition for local option election.
• §19-23-21 Local option election procedure; form of ballots or ballot labels.
• §19-23-22 Issuance or nonissuance of construction permit; duration of construction permit; transfer and assignment of construction permit.
• §19-23-23 Further elections restricted.
• §;19-23-18 to 19-23-23 inapplicable to horse racetracks already constructed and established.
• §19-23-25 Application to enjoin violations.
• §19-23-26 Offenses and penalties.
• §19-23-27 Repealer.
• §19-23-28 Effect of article on existing rules and regulations, licenses and permits.
• §19-23-29 Severability.
• §19-23-30 Continuation of the racing commission.

ARTICLE 24. INTERSTATE COMPACT ON LICENSURE OF PARTICIPANTS IN LIVE HORSE RACING WITH PARI-MUTUEL WAGERING. 

• §19-24-1 Interstate compact on licensure of participants in live racing with pari-mutuel wagering; form of compact.
• §19-24-2 Compact committee members.
• §19-24-2a Reimbursement for compact committee official member.
• §19-24-3 Cooperation of departments, agencies and officers.
• §19-24-4 Racing commission powers preserved.

ARTICLE 25. LIMITING LIABILITY OF LANDOWNERS. 

• §19-25-1 Purpose.
• §19-25-2 Limiting duty of landowner generally.
• §19-25-3 Limiting duty of landowner who grants a lease, easement or license of land to federal, state, county or municipal government or any agency thereof.
• §19-25-4 Application of article.
• §19-25-5 Definitions.
• §19-25-6 Limiting duty of landowner for use of land for military purposes.
• §19-25-7 Insurance policies.

ARTICLE 26. GENERAL JOHN MCCAUSLAND MEMORIAL FARM. 

• §19-26-1 Establishment; name; management.
• §19-26-2 Special fund created; payment into fund; disbursement from fund.

ARTICLE 27. WEST VIRGINIA STATE FARM MUSEUM. 

• §19-27-1 West Virginia State Farm Museum; ex officio members of the board of directors; rules and regulations.
• §19-27-1a West Virginia State Farm Museum; ex officio members of the board of directors; rules.

ARTICLE 28. VITAMIN AND MINERAL ENRICHMENT OF FLOUR AND BREAD. 

• §19-28-1 Definitions.
• §19-28-2 Vitamin and mineral requirements for flour; exceptions as to flour sold to distributors, bakers or other processors.
• §19-28-3 Vitamin and mineral requirements for white bread or rolls.
• §19-28-4 Enforcement of article; authority and duties of commissioner.
• §19-28-5 Penalties for violation of article; inconsistent acts repealed; provisions severable.

ARTICLE 29. PRODUCTION OF NONTRADITIONAL AGRICULTURE PRODUCTS. 

• §19-29-1 Nontraditional agriculture; authority.
• §19-29-2 Definitions.
• §19-29-3 Health requirements.
• §19-29-4 Inspection of animals, meat and meat products.
• §19-29-5 Owners' responsibilities.
• §19-29-6 Waste disposal from an aquaculture facility.

ARTICLE 30. DONATED FOOD. 

• §19-30-1 Purpose.
• §19-30-2 Administration of donated food program transferred from department of health and human resources to department of agriculture.
• §19-30-3 Special revenue account created for donated food program.
• §19-30-4 Donation of food items; exemption from civil and criminal liability.
• §19-30-5 Definitions.
• §19-30-6 Authorization of donations; diversion of products by directors to organizations.
• §19-30-7 Surplus food collection and distribution centers.
• §19-30-8 Minimum standards for food banks.
• §19-30-9 State surplus buildings and equipment; availability to donated food banks.
• §19-30-10 Effect of article on other nonprofit organizations.
• §19-30-11 Application of article to food stamp act.
• §19-30-12 Donated food bank assistance fund; restriction.

ARTICLE 31. GUS R. DOUGLASS AGRICULTURAL CENTER AT GUTHRIE. 

• §19-31-1 Establishing the name.