2019 West Virginia Code
Chapter 19. Agriculture
Article 16. West Virginia Seed Law
§19-16-6. Duties and Authority of Commissioner of Agriculture

The commissioner may:

(a) Establish by legislative rule germination standards for agricultural, forest, vegetable seeds;

(b) Enter and inspect, during reasonable hours, any location where agricultural, vegetable, tree and shrub seeds or seed potatoes for sowing purposes are manufactured, distributed, transported or used, and where records relating to the manufacture, distribution, shipment, labeling or sale of seed are kept. This inspection shall include, but is not limited to, examining, photographing, verifying, copying and auditing records as is necessary to determine compliance with this article, labels, consumer complaints, and papers relating to the manufacturing, distribution, sampling, testing and sale of agricultural, vegetable, tree and shrub seeds or seed potatoes;

(c) Open, examine, sample and test agricultural, vegetable, or tree and shrub seeds or seed potatoes, equipment, containers, transport containers and packages used or intended to be used in the manufacture and distribution of seeds used for sowing purposes;

(d) Issue certificates of registration pursuant to this article;

(e) Refuse applications for registration; or suspend or revoke registrations as provided in this article;

(f) Issue "stop sale or embargo" orders as provided in this article;

(g) Condemn and confiscate any agricultural, vegetable, or tree and shrub seed or seed potato that is not brought into compliance with this article;

(h) Collect fees and penalties and expend moneys under the terms of this article;

(i) Conduct sampling in accordance with the official methods as established by the Association of Analytical Chemists, the Association of American Seed Control Officials, the United States Department of Agriculture or the Association of Official Seed Analysts;

(j) Conduct hearings as provided by this article;

(k) Assess civil penalties and refer violations to a court of competent jurisdiction;

(l) Obtain court orders directing any person refusing to submit to inspection, sampling and auditing to submit;

(m) Establish and maintain seed testing facilities; establish reasonable fees for the tests; incur expenses; and conduct tests in accordance with the Association of Official Seed Analysts;

(n) Be guided by the analytical results of the official sample when determining whether the agricultural, vegetable, or tree and shrub seed is deficient in any component;

(o) Report the analytical results on all official deficient samples to the registrant, dealer, purchaser if known and or the distributor;

(p) Upon request made within thirty days from the date the official sample results are reported, furnish a portion of the official sample to the registrant;

(q) Publish and distribute annually a composite report containing: (1) The sales of agricultural, vegetable, tree and shrub seeds and seed potatoes during the preceding period; (2) the results of analysis of official samples as compared with the guarantee on the label; (3) the firms responsible for the product; and (4) such other data the commissioner considers necessary: Provided, That the information on production and use provided does not disclose the operations of any person;

(r) Cooperate with and enter into agreements with governmental agencies of this state and other states, agencies of the federal government and foreign governments, and private associations in order to carry out the purpose and provisions of this article;

(s) Establish fees by legislative rule;

(t) Propose rules for promulgation, in accordance with article three [§§ 29A-3-1 et seq.], chapter twenty-nine-a of this code; and

(u) Promulgate emergency rules within ninety days of the passage of this bill into law.