No person may sell, barter, expose, offer for sale or move, transport, deliver, ship or offer for shipment into or within this state any plant pest or other insects or noxious weeds in any living stage without first obtaining either a federal permit, where applicable, or a state permit from the commissioner. A state permit may be issued only after it has been determined that the plant pests or other insects or noxious weeds are not injurious, are generally present already or are for scientific purposes subject to specified safeguards. If a permit, which addresses environmental safety, has been issued by the appropriate federal regulatory agency in consultation with the commissioner, no state permit is required. If the appropriate federal regulatory agency determines that a permit is unnecessary, the commissioner may, if he or she deems it necessary to protect West Virginia's agricultural interests, require a state permit.
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