All stock in custody of any dealer or person shall be subject to inspection. It shall be the duty of the commissioner to provide for the annual inspection, or more often if necessary, of all nurseries within the state.
The commissioner may order the owner or any person in charge of any infested or infected nursery stock or other nursery material, article or host plants, including soil, to take such necessary measures as will eradicate or control the said infestation or infection as he may deem necessary or proper. Such owner or person in charge shall carry out the order of the commissioner within the period of time designated in the order. If such owner or person in charge shall refuse or fail to carry out any such order, the commissioner may cause to be performed such eradication or control measures as are required by the order which shall be at the expense of the owner or person in charge.
Structure West Virginia Code
Article 12. Insect Pests, Plant Diseases and Noxious Weeds
§19-12-3. Commissioner to Enforce Article; Powers and Duties Generally
§19-12-4. Detection and Abundance Surveys; Findings of Commissioner; Eradication and Suppression
§19-12-6. 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
§19-12-11. Nursery Stock Brought Into State to Carry Inspection Certificate
§19-12-12. Disposition of Fees Collected
§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