West Virginia Code
Chapter 19. Agriculture

§19-15A-6. Embargo; Suspension or Cancellation of Registration; Seizure of Materials - (a) The commissioner may suspend or cancel the registration of...

§19-15A-7. Deficiency Assessment, Tolerances and Payment - (a) A registrant shall pay a deficiency assessment in accordance...

§19-15A-8. Rule-Making Authority - The commissioner shall propose rules for legislative approval in accordance...

§19-15A-9. Disposition of Fees - Any fees and penalties collected under the provisions of this...

§19-15A-10. Penalties - Any person violating any of the provisions of this article...

Article 16. West Virginia Seed Law

§19-16-1. Definitions - "Advertisement" means all representations, other than those on the label,...

§19-16-2. Label Requirements for Agricultural Crops, Lawn and Turf, Vegetable, Tree and Shrub, Flower Seeds, and Seed Potatoes - (a) Each container of agricultural, vegetable, or flower seeds which...

§19-16-3. Certificate of Registration; Seed Fees; Payment of Fees; Disposition of Funds - (a) No person may distribute any agricultural, vegetable, tree and...

§19-16-3a. Industrial Hemp Seed Certification Program; Requirements; Fees; Rulemaking - (a) The commissioner may create and administer an industrial hemp...

§19-16-3b. Records - Each person whose name appears on the label as handling...

§19-16-4. Prohibitions - (a) It is unlawful for any person to distribute or...

§19-16-4a. Local Laws Prohibited - (a) No political subdivision may regulate the registration, packaging, labeling,...

§19-16-5. Exemptions - (a) The provisions of 19-16-2, 19-16-3, 19-16-4, and 19-16-8 of...

§19-16-5a. Label, Signage, and Other Requirements for Noncommercial Seed Sharing - (a) Each container of agricultural, vegetable, and flower seeds distributed...

§19-16-6. Duties and Authority of Commissioner of Agriculture - The commissioner may: (a) Establish by legislative rule germination standards...

§19-16-7. Stop Sale Orders or Embargo; Seizure - (a) Stop sale orders or embargos: When the commissioner has...

§19-16-8. Penalties and Prosecutions - (a) Criminal penalties. — Any person violating any of the...

§19-16-9. Deficiencies - (a) If the analysis of a sample shows a deviation...

Article 16A. West Virginia Pesticide Control Act

§19-16A-1. Short Title - This article shall be known as the "West Virginia Pesticide...

§19-16A-2. Declaration of Purpose; Legislative Finding - The purpose of this article is to regulate and control...

§19-16A-3. Definitions - As used in this article: (1) "Active ingredient" means: (A)...

§19-16A-4. Powers and Duties of the Commissioner - The commissioner of agriculture has the power and duty to...

§19-16A-5. Registration of Pesticides; Fees; Confidentiality of Trade Secrets - (a) Every pesticide which is manufactured, distributed, sold or offered...

§19-16A-6. Refusal or Cancellation of Registration - The commissioner may refuse or cancel the registration of a...

§19-16A-7. Annual Pesticide Business License - (a) No person may engage in the application of pesticides...

§19-16A-8. Financial Security Requirement for Licensed Pesticide Business - (a) The commissioner may not issue a pesticide application business...

§19-16A-9. Records of Pesticide Businesses - As a condition of obtaining or renewing a license, each...

§19-16A-10. Restricted Use Pesticides - No person may use any pesticide classified for restricted use...

§19-16A-11. Application of This Article to Government Entities; Liability - All state agencies, municipal corporations or any other governmental agency...

§19-16A-12. Private and Commercial Applicator's License and Certificate; Registered Technician Certificate - (a) Application for a private or commercial applicator's license shall...

§19-16A-13. Renewals - Any person holding a current valid license, permit or certification...

§19-16A-14. Exemptions - (a) Veterinarian exemption. The provisions of 19-16A-7 of this code...

§19-16A-15. Reexamination or Special Examinations - Any applicator, whose certificate has been suspended, revoked or modified...

§19-16A-16. Employee Training Program - A licensee shall register with the commissioner any employee who...

§19-16A-17. Reciprocal Agreement - The commissioner may waive all or part of any license...

§19-16A-18. Denial, Suspension or Revocation of License, Permit or Certification; Civil Penalty - The commissioner shall notify any licensee of violations of this...

§19-16A-19. Pesticide Accidents; Incidents or Loss - (a) Any person claiming damages for a pesticide application shall...

§19-16A-20. Legal Recourse of Aggrieved Persons - Any person aggrieved by any action of the commissioner may...

§19-16A-21. Violations - It is unlawful for any person to manufacture, distribute, sell...

§19-16A-22. Criminal Penalties; Civil Penalties; Negotiated Agreement - (a) Criminal penalties. -- Any person violating any provision of...

§19-16A-23. Continuation of Pesticide Control Fund in State Treasury; Disposition of Certain Fees to General Revenue Fund - There is continued a special fund in the state Treasury...

§19-16A-24. Issuance of Subpoenas - The commissioner may issue subpoenas to compel the attendance of...

§19-16A-25. Right of Commissioner to Enter and Inspect; Enforcement of Article - (a) For the purpose of carrying out the provisions of...

§19-16A-26. Issuance of Stop-Sale; Use or Renewal Orders; Judicial Review - The commissioner shall issue and enforce a written or printed...

§19-16A-27. Issuing Warnings - Nothing in this article requires the commissioner to report, for...

Article 16B. West Virginia Pesticide Use and Application Act

§19-16B-1. To 19-16b-26 - Repealed. Acts, 1990 Reg. Sess., Ch. 7.

Article 17. Fences

§19-17-1. Definition of Lawful Fence - Every fence of the height and description hereinafter mentioned shall...

§19-17-2. Rivers and Streams as Lawful Fences; Establishment or Discontinuance - All rivers and streams, and parts thereof, within this state,...

§19-17-3. Hedge Fence - All hedge fences along public roads, or division hedge fences...

§19-17-4. Partition Fence; Liability for Trespass of Animals - All partition fences shall be lawful fences, unless otherwise agreed...

§19-17-5. Apportionment of Construction and Maintenance of Partition Fence - Persons owning adjoining lands, both of which are used for...

§19-17-6. Sharing Cost of Constructed Fences - Where a person has chosen to let his land lie...

§19-17-7. Notice of Intention to Build or Repair Partition Fence; Answer - Any person desiring to build or to repair a partition...

§19-17-8. Disputes Relating to Partition Fences - If a dispute arises between the owners of adjoining lands...

§19-17-10. Liability of Owner for Refusal to Repair Fence - When each of the adjoining owners of a partition fence...

§19-17-11. Presumptions as to Sufficiency of Fence - In any controversy in which the sufficiency of a fence...

Article 18. General Stock Law

§19-18-1. Livestock Trespassing on Property of Another; Damages for Injuries to Person or Property; Notice to Livestock Owner; Containment of Livestock; Costs for Containment - (a) If livestock enters the property of a landowner without...

§19-18-2. Unclaimed Livestock; Containment by Sheriff; Sheriff's Sale at Public Auction - (a) If the owner of trespassing livestock cannot be determined,...

§19-18-3. Criminal Penalties for Trespassing Livestock - (a) While livestock may escape enclosures due to accident or...

Article 19. Preservation of Agricultural Production

§19-19-1. Purpose; Public Policy - Whereas, Agricultural production of food and fiber is a basic...

§19-19-2. Definitions - For the purposes of this article: (a) "Agriculture" shall mean...

§19-19-3. Temporary Change of Agricultural Operations - The change of agricultural land use to a differing agricultural...

§19-19-4. Agriculture Not Adverse; Limitation of Actions - The conduct of agriculture upon agricultural land shall not be...

§19-19-5. Duties of Owner or Operator Maintained - Nothing in this article shall be construed to excuse or...

§19-19-6. Liability for Damage or Destruction of Sylvicultural or Agricultural Field Test Crop; Damages - (a) Any person or legal entity who willfully and knowingly...

§19-19-7. Additional Limitations on Nuisance Actions - (a) The provisions of this section are in addition to...

§19-19-8. Damages - (a) A person who brings a nuisance action for damages...

Article 20. Dogs and Cats

§19-20-1. Dogs Subject to Taxation; Declared to Be Personal Property - Any dog shall be and is hereby declared to be...

§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 - It shall be the duty of the county assessor and...

§19-20-3. Registration of Dog Kennels; Application; Fee; Expiration of Certificate of Registration - Every owner or operator of a kennel, wherein dogs are...

§19-20-4. Forms for Registration; Records; Registration Tags; Loss Thereof - The commissioner of agriculture shall prescribe the form of all...

§19-20-5. Wearing of Registration Tag by Dog - Every registered dog shall at all times wear a valid...

§19-20-6. County Dog Warden; Rules and Regulations for Dog Control; Prosecution and Penalties for Violation of Ordinances - (a) The county commission of each county may appoint and...

§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 - In addition to the powers granted to county commissions by...

§19-20-7. Dog Pound and Equipment to Be Provided by County Court [County Commission]; Exception - The county court of each county, if the court appoints...

§19-20-8. Impounding and Disposition of Dogs; Costs and Fees - (a) All dogs seized and impounded as provided in this...

§19-20-8a. Joint Ownership, etc., by Counties and Municipalities of Dog Pounds; Joint Employment of Dog Wardens - The county court of any county may contract with any...

§19-20-9. Failure to Register Dog or Kennel; Alteration or Forging of Registration Certificate or Tag; Penalties - Any person who owns, keeps, or harbors a dog, or...

§19-20-9a. Dogs, Cats, etc.; Rabies Observation - (a) Any person who owns or harbors any dog, cat...

§19-20-10. Dog and Kennel Fund; Disposition Thereof - All registration fees, head taxes, and fees and costs for...

§19-20-11. Assessment of Dogs as Personal Property - In addition to the head tax on dogs provided for...

§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 - (a) Any dog which is registered, kept and controlled as...

§19-20-13. Dog Running at Large; Liability of Owner - Any owner or keeper of any dog who permits such...

§19-20-14. Dog Killing, Wounding or Worrying Livestock or Poultry -- Recovery of Damages - If any dog has killed or assisted in killing, wounding...

§19-20-15. Same -- Assessment of Damages; Appraisers - Authority is hereby given to magistrates and notaries public within...

§19-20-16. Same -- When Lawful to Kill Dog - A person may kill a dog that he may see...

§19-20-17. Same -- Unlawful to Harbor Dog; Penalty - A person who shall harbor or secrete or aid in...

§19-20-18. Same -- Duty of Owner to Kill Dog; Proceeding Before Magistrate on Failure of Owner to Kill - The owner or keeper of a dog that has been...

§19-20-19. Offenses; Criminal Penalties; Jurisdiction - A person who violates any of the provisions of this...

§19-20-19a. Dog Warden and Deputy Dog Wardens; Power to Issue Citations - The county commission may, at its discretion, empower county dog...

§19-20-20. Keeping Vicious Dogs; Humane Officers May Kill Such Dogs - Except as provided in section twenty-one of this article, no...

§19-20-21. License Fee for Keeping Vicious or Dangerous Dog - Any person who keeps a dog which is generally considered...

§19-20-22. Confinement of Female Dogs - Every person owning or harboring a female dog, whether licensed...

§19-20-23. Prohibition of the Use of Impounded Dogs and Cats - On and after September 1, 1989, any dog or cat...

§19-20-24. Causing Death or Injury to Animals Used by Law- Enforcement Officials or by Fire Prevention or Investigation Officials; Criminal Penalties - Any person who, without justification, and with the unlawful intent...

§19-20-25. Retirement, Transfer or Disposal of State Owned Dogs and Horses - (a) Whenever any dog or horse, which is the property...

§19-20-26. Commercial Dog-Breeding Operations - (a) As used in this section: (1) "Advertisement" means any...

Article 20A. Vaccination of Dogs and Cats for Rabies

§19-20A-1. Purpose and Policy - The purpose of this article is to establish a rabies...

§19-20A-2. Vaccination of Dogs and Cats - (a) A person who owns, obtains or possesses a dog...

§19-20A-3. Vaccination Record and Report - Whoever vaccinates or revaccinates a dog or cat against rabies...

§19-20A-4. Vaccination Tag and Certificate - Each person vaccinating a dog or cat for rabies shall...

§19-20A-5. Type of Vaccine to Be Furnished; Fee - It is the duty of the veterinarian, or person vaccinating...

§19-20A-6. Offenses and Penalties - Whoever owns, keeps or harbors a dog or cat and...

§19-20A-7. Enforcement of Article - The enforcement of the provisions of this article is in...

§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 Municipa... - Dogs or cats vaccinated in compliance with the provisions of...

Article 20B. Spaying or Neutering of Dogs and Cats

§19-20B-1. Short Title - This article may be cited as the "West Virginia Spay/Neuter...

§19-20B-2. Requirement for Adoption - (a) No person may adopt a dog or cat from...

§19-20B-3. Deposit - (a) If the dog or cat being adopted has not...

§19-20B-4. Petition for Compliance - If a person fails to comply with the provisions of...

§19-20B-5. Penalty - A person failing to have a dog or cat spayed...

§19-20B-6. Dogs or Cats Claimed by Owner - Nothing in this article authorizes an agency to spay or...

Article 20C. West Virginia Spay Neuter Assistance Program

§19-20C-1. West Virginia Spay Neuter Assistance Program - The Department of Agriculture shall establish a spay neuter assistance...

§19-20C-2. Fund Established; Acceptance of Funds - (a) There is created in the State Treasury a special...

§19-20C-3. Rulemaking; Annual Report - (a) The commissioner shall propose rules for legislative approval in...

Article 20D. Private Cause of Action for the Humane Destruction of a Dog

§19-20D-1. Purpose - The purpose of this article is to protect the public...

§19-20D-2. Procedure; Petition to Magistrate Court; Elements of Action; Burden of Proof; Attorney Fees; Limitation of Action - (a) A person seeking relief under this article may apply...

§19-20D-3. Order of the Magistrate Court - (a) If the trier of fact finds by clear and...

Article 21. Drainage Districts

§19-21-1. Jurisdiction of Circuit Courts to Organize Drainage Districts; Definition of Terms - Original jurisdiction, power and authority are hereby conferred upon all...

§19-21-2. Proceedings Under Article Have Precedence Over Other Cases; Exceptions; Mandamus - Proceedings under the provisions of this article shall have precedence...

§19-21-3. Petition to Establish District - Proceedings to establish and organize a drainage, levee or reclamation...

§19-21-4. Appointment of Engineer; Duties and Compensation Thereof; Notice of Application to Form Drainage District - Immediately after such petition shall have been filed it shall...

§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] - Any owner of real estate or other property in such...

§19-21-6. First Meeting of Owners; Election of Board of Supervisors - Within thirty days after any drainage district shall have been...

§19-21-7. Annual Meeting of Owners; Election of Supervisor - In the same month of each year after the election...

§19-21-8. Oath of Supervisor; Effect of Failure to Qualify - Each supervisor before entering upon his official duties shall take...

§19-21-9. Organization of Board of Supervisors; Duties and Compensation - The board of supervisors immediately after their election shall choose...

§19-21-10. Appointment, Powers and Duties of Chief Engineer; Adoption of Plan for Reclamation - Within thirty days after organizing, the board of supervisors shall...

§19-21-11. Tax Levy to Pay Preliminary Expenses; Delinquent Tax as Lien on Property; Disposition of Funds - For the purpose of paying expenses incurred or to be...

§19-21-12. Board of Appraisers - After the board of supervisors has adopted the plan for...

§19-21-13. Assessment of Benefits and Damages; Extension of District to Include Other Lands; Report of Appraisers; Compensation - Within thirty days after qualifying, as provided in the previous...

§19-21-14. Publication of Appraisers' Report - Upon the filing of the report of the appraisers, the...

§19-21-15. Exceptions to Appraisers' Report; Action of Court Thereon; Review of Assessments - The drainage district, or any owner of land or other...

§19-21-16. Assessment of Damages by Jury - Any property owner may accept the assessment of damages in...

§19-21-17. Powers of Board of Supervisors; Letting of Contracts; Persons to Whom Contract May Not Be Awarded; Payments to Contractors - The board of supervisors of such district shall have full...

§19-21-18. Levying of Tax to Pay Costs of Completion; Tax Lien - After the lists of lands and other property, with the...

§19-21-19. Annual Installment Tax; Certification Thereof to Sheriff - The board of supervisors shall each year thereafter determine, order...

§19-21-20. Collection of Taxes - It shall be the duty of the sheriff of each...

§19-21-21. When Taxes Payable; Suit by Supervisors to Collect Delinquent Taxes; Suit by Bondholder - All taxes levied under the terms of this article shall...

§19-21-22. General Conduct of Suit; Purchase by Commissioner in Name of Board of Supervisors; Redemption - Such suits shall be conducted in the name of the...

§19-21-23. Lien of Bonds; Collection of Annual Tax to Pay Bonds; Nonpayment of Bond; Receiver - All bonds issued by supervisors under the terms of this...

§19-21-24. Treasurer of District; Salary, Bond and Duties; Audit of Books - The secretary of the board of supervisors in any drainage...

§19-21-25. Powers of Board of Supervisors to Drain, Protect and Reclaim Land - In order to effect the drainage, protection and reclamation of...

§19-21-26. Employment of Attorney - The board of supervisors may employ an attorney or attorneys...

§19-21-27. Record of Board of Supervisors - The board of supervisors of any district organized under this...

§19-21-28. Right to Enter and Appropriate Land; Vesting of Title in District; Compensation of Owner - The board of supervisors shall not have the right to...

§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 - Where any public ditch or drain constructed under the provisions...

§19-21-30. Unpaid Warrants to Draw Interest - In case any warrant issued under this article is not...

§19-21-31. Surety Bonds to Be Made Payable to District; Persons Covered by Bond - All surety bonds required to be given by this article...

§19-21-32. No Action to Abate on Account of Death or Disability; Service of Summons; Notice to Nonresidents - No action under this article shall abate by reason of...

§19-21-33. Definition of "owner"; Effect of Failure to Summon Owner - The word "owner," as used in this article, shall mean...

§19-21-34. Petition to Amend Former Decree; Notice; Objections to Amendments; Hearing by Court; Appointment and Duties of Appraisers - The board of supervisors for and in behalf of any...

§19-21-35. Serial Bonds - The board of supervisors may, if in their judgment it...

§19-21-36. Formulation of New Plans; Additional Assessments and Levy - Where "the plan for reclamation" of the drainage district is...

§19-21-37. Removal of Officer or Employee - The board of supervisors may at any time remove any...

§19-21-38. Connection of Ditches or Drains; Consent of Supervisors Thereto; Circuit Court to Decide Disputes - At the time of the construction in any district incorporated...

§19-21-39. Maintenance and Preservation of Ditches, etc.; Maintenance Tax; Collection Thereof by Sheriff - To maintain and preserve the ditches, drains, levees or other...

§19-21-40. Consolidation of Adjacent Districts - Any two or more adjacent districts, whether incorporated in the...

§19-21-41. Penalty for Obstructing Drain or Damaging Drainage Work - Any person who shall obstruct a drain or damage drainage...

Article 21A. Conservation Districts

§19-21A-1. Short Title - This article may be known and cited as the Conservation...

§19-21A-2. Legislative Determinations and Declaration of Policy - It is hereby declared, as a matter of legislative determination:...

§19-21A-3. Definitions - Wherever used or referred to in this article, unless a...

§19-21A-4. State Conservation Committee; Continuation - (a) The State Conservation Committee is continued. It serves as...

§19-21A-4a. Administration of West Virginia Conservation Agency Programs; Legislative Rules - (a) If a conservation district supervisor applies to participate in...

§19-21A-5. Continuation of Conservation Districts - The conservation districts formed throughout the state under the prior...

§19-21A-6. Election of Supervisors for Each District; Filling Vacancies - (a) All registered voters in each county in a district...

§19-21A-7. Supervisors to Constitute Governing Body of District; Qualifications and Terms of Supervisors; Powers and Duties; Removal - (a) The governing body of the district consists of the...

§19-21A-8. Powers and Duties of Conservations Districts and Supervisors - A conservation district organized under the provisions of this article...

§19-21A-9. Cooperation Between Districts - The supervisors of any two or more districts organized under...

§19-21A-10. Cooperation Between State Agencies and Districts - Agencies of this state which have jurisdiction over or be...

§19-21A-11. Authority of Governmental Divisions to Expend Money for Works of Improvement; Levy - The governing body of any governmental division which may reasonably...

§19-21A-12. Assurances of Cooperation by Governmental Division - (a) By vote of the governing body, any governmental division...

§19-21A-13. Contracts With District for Construction of Flood Control Projects; Power to Borrow Money; Levy - The county commission of each county and the governing body...

§19-21A-14. Discontinuing and Reforming Districts - (a) At any time after five years following the organization...

Article 21B. Watershed Improvement Districts

§19-21B-1. Definitions - The term "landowners" or "owners of land" as used in...

§19-21B-2. Establishment of Watershed Improvement Districts - Whenever within a soil conservation district or districts, soil conservation...

§19-21B-3. Petition for Establishment - Any twenty-five owners of land lying within the limits of...

§19-21B-4. Public Hearing on Petition; Determination of Need for District; Defining Boundaries - Within thirty days after such petition has been filed with...

§19-21B-5. Determination of Whether Operation of Proposed District Is Feasible - If the supervisors determine that need for the proposed watershed...

§19-21B-6. Declaration of Organization of District; Certification - If the supervisors shall determine that operation of the proposed...

§19-21B-7. Establishment of Watershed Improvement District Situated in More Than One Soil Conservation District - If a proposed watershed improvement district will be situated in...

§19-21B-8. Inclusion of Additional Territory Within Existing District - Petitions for including additional territory within an existing watershed improvement...

§19-21B-9. Governing Body of District; Trustees - The supervisors of the soil conservation district or districts in...

§19-21B-10. Officers, Agents and Employees; Surety Bonds; Annual Audit - The trustees may, with the approval of the governing body...

§19-21B-11. Status and Powers of District; Powers of Trustees - A watershed improvement district organized under the provisions of this...

§19-21B-12. Powers Granted to Be Additional to Powers of Soil Conservation District - The powers herein granted to watershed improvement districts shall be...

§19-21B-13. Discontinuance of Watershed Improvement Districts - At any time after five years from the organization of...

Article 23. Horse and Dog Racing

§19-23-1. License Required for Horse and Dog Racing and Pari-Mutuel Wagering in Connection Therewith; Exception - (a) No association shall hold or conduct any horse or...

§19-23-2. Permits Required for Horse and Dog Racetrack Positions; Residency Requirements for Employees of Licensees - (a) No person not required to be licensed under the...

§19-23-3. Definitions - Unless the context clearly requires a different meaning, as used...

§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 - (a) The "West Virginia Racing Commission," is continued in existence...

§19-23-5. Executive Director and Other Personnel; Qualifications; Terms; Powers and Duties; Compensation and Expenses - (a) The Racing Commission shall appoint an executive director to...

§19-23-6. Powers and Authority of Racing Commission - The Racing Commission has full jurisdiction over and shall supervise...

§19-23-7. Application for License; Forms; Time for Filing; Disclosure Required; Verification; Bond; Application for Permit - (a) Any racing association desiring to hold or conduct a...

§19-23-7a. Applicants for Licenses and Permits to Provide Fingerprints - (a) All new applicants for licenses issued by the Racing...

§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... - (a) The Racing Commission shall promptly consider any application for...

§19-23-8a. Applications for Sunday Racing; Local Option Election Procedures; Protest Procedures Against Approval - §19-23-8a. Applications for Sunday racing; local option election procedures; protest...

§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 - (a) Notwithstanding any other provisions of this code to the...

§19-23-8c. Local Option Election Procedure; Form of Ballot or Ballot Labels; Effect of Such Election - (a) Notwithstanding any other provision of law to the contrary,...

§19-23-9. Pari-Mutuel System of Wagering Authorized; Licensee Authorized to Deduct Commissions From Pari-Mutuel Pools; Retention of Breakage; Auditing; Minors - §19-23-9. Pari-mutuel system of wagering authorized; licensee authorized to deduct...

§19-23-10. Daily License Tax; Pari-Mutuel Pools Tax; How Taxes Paid; Alternate Tax; Credits - §19-23-10. Daily license tax; pari-mutuel pools tax; how taxes paid;...

§19-23-11. Revenues From Horse Racing and Dog Racing to Be Paid Into a Special Account to Fund Commission Expenses - All revenues collected pursuant to the provisions of this article...

§19-23-12. License to Be in Lieu of All Other License, etc., Taxes; Exception - The license tax imposed in section ten of this article...

§19-23-12a. Pari-Mutuel Wagering on Interstate and Intrastate Horse and Dog Racing - (1) Notwithstanding any other provisions of this code, a racing...

§19-23-12b. Televised Racing Days; Merging of Pari-Mutuel Wagering Pools - (a) For the purposes of this section: (1) "Televised racing...

§19-23-12c. Interstate Simulcasts by Licensed Racetracks - (a) Any licensed racing association may be authorized by the...

§19-23-12d. Simulcast Races and Pari-Mutuel Wagering at Authorized Gaming Facility in Historic Resort Hotel - (a) Definitions. -– In addition to the words and phrases...

§19-23-12e. Licensing of Advance Deposit Account Wagering - (a) As used in this section: "Account" means an advance...

§19-23-13. Disposition of Funds for Payment of Outstanding and Unredeemed Pari-Mutuel Tickets; Publication of Notice; Irredeemable Tickets; Payment of Past Obligations - (a) All moneys held by any licensee for the payment...

§19-23-13a. West Virginia Bonus Race Fund - An association licensed by the West Virginia Racing Commission to...

§19-23-13b. West Virginia Thoroughbred Development Fund; Distribution; Restricted Races; Nonrestricted Purse Supplements; Preference for West Virginia Accredited Thoroughbreds - (a) The Racing Commission shall deposit moneys required to be...

§19-23-13c. Expenditure of Racetrack Video Lottery Distribution - (a) Funds received by the Racing Commission pursuant to subdivision...

§19-23-14. Disposition of Permit Fees, Registration Fees and Civil Penalties - (a) All permit fees and fees paid for the registration...

§19-23-15. Investigation by Racing Commission; Suspension or Revocation of License or Permit - (a) The Racing Commission may conduct an investigation to determine...

§19-23-16. Entry of Order Suspending or Revoking License or Permit; Service of Order; Contents; Hearing; Decision to Be in Writing - (a) Whenever the Racing Commission shall deny an application for...

§19-23-17. Judicial Review; Appeal to Supreme Court of Appeals; Legal Representation for Racing Commission - Any person adversely affected by a decision of the Racing...

§19-23-18. Horse and Dog Racetrack Construction Permits; Application Therefor - §19-23-18. Horse and dog racetrack construction permits; application therefor. (a)...

§19-23-19. Tentative Approval of Application for Construction Permit; Denial of Application; Publication of Notice - (a) Upon the basis of the application and all other...

§19-23-20. Petition for Local Option Election - A petition for a local option election on the question...

§19-23-21. Local Option Election Procedure; Form of Ballots or Ballot Labels - (a) Upon the timely filing of a proper petition for...

§19-23-22. Issuance or Nonissuance of Construction Permit; Duration of Construction Permit; Transfer and Assignment of Construction Permit - (a) The Racing Commission shall, after the certification of the...

§19-23-23. Further Elections Restricted - When a local option election in accordance with the provisions...

§19-23-24. §§19-23-18 to 19-23-23 Inapplicable to Horse Racetracks Already Constructed and Established - Nothing contained in sections eighteen through twenty-three of this article...

§19-23-25. Application to Enjoin Violations - §19-23-25. Application to enjoin violations. Whenever it appears to the...

§19-23-26. Offenses and Penalties - §19-23-26. Offenses and penalties. (a) Any person holding or conducting,...

§19-23-27. Repealer - All acts, whether general or local, public or private, inconsistent...

§19-23-28. Effect of Article on Existing Rules and Regulations, Licenses and Permits - All rules and regulations promulgated by the Racing Commission and...

§19-23-29. Severability - §19-23-29. Severability. If any provision of this article or the...

§19-23-30. Continuation of the Racing Commission - Pursuant to the provisions of article ten, chapter four of...

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 - The interstate compact on licensure of participants in live racing...

§19-24-2. Compact Committee Members - The Governor shall appoint one official to represent West Virginia...

§19-24-2a. Reimbursement for Compact Committee Official Member - The duly appointed and designated official state representative on the...

§19-24-3. Cooperation of Departments, Agencies and Officers - All departments, agencies and officers of the state and its...

§19-24-4. Racing Commission Powers Preserved - Nothing in this article diminishes or limits the powers and...

Article 25. Limiting Liability of Landowners

§19-25-1. Purpose - The purpose of this article is to encourage owners of...

§19-25-2. Limiting Duty of Landowner Generally - (a) Subject to the provisions of 19-25-4 of this code,...

§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 - Unless otherwise agreed in writing, an owner who grants a...

§19-25-4. Application of Article - Nothing herein limits in any way any liability which otherwise...

§19-25-5. Definitions - Unless the context used clearly requires a different meaning, as...

§19-25-6. Limiting Duty of Landowner for Use of Land for Military, Law-Enforcement or Homeland-Security Purposes - Notwithstanding the provisions of section four of this article to...

Article 26. General John Mccausland Memorial Farm

§19-26-1. Establishment; Name; Management - The General John McCausland Memorial Farm is hereby established. Situate...

§19-26-2. Special Fund Created; Payment Into Fund; Disbursement From Fund - For the operation of the General John McCausland Memorial Farm,...

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 - The corporation now known as "Mason County Regional State Farm...

§19-27-1a. West Virginia State Farm Museum; Ex Officio Members of the Board of Directors; Rules - Upon dissolution of the corporation known as the "West Virginia...

Article 28. Vitamin and Mineral Enrichment of Flour and Bread

§19-28-1. Definitions - When used in this article, unless the context otherwise requires:...

§19-28-2. Vitamin and Mineral Requirements for Flour; Exceptions as to Flour Sold to Distributors, Bakers or Other Processors - It is unlawful for any person to manufacture, mix, compound,...

§19-28-3. Vitamin and Mineral Requirements for White Bread or Rolls - It is unlawful for any person to manufacture, bake, sell...

§19-28-4. Enforcement of Article; Authority and Duties of Commissioner - (a) The commissioner is hereby charged with the duty of...

§19-28-5. Penalties for Violation of Article; Inconsistent Acts Repealed; Provisions Severable - Any person who violates any of the provisions of this...

Article 29. Production of Nontraditional Agriculture Products

§19-29-1. Nontraditional Agriculture; Authority - The commissioner of agriculture is hereby empowered and shall devise...

§19-29-2. Definitions - (a) "Aquaculture" means the commercial production of fish and/or other...

§19-29-3. Health Requirements - Only after consultation with the Division of Natural Resources and...

§19-29-4. Inspection of Animals, Meat and Meat Products - The commissioner shall propose rules for legislative approval in accordance...

§19-29-5. Owners' Responsibilities - It is the responsibility of the owner to take all...

§19-29-6. Waste Disposal From an Aquaculture Facility - After consultation with the Department of Environmental Protection, the commissioner...

Article 30. Donated Food

§19-30-1. Purpose - The purpose of this article is to address the problem...

§19-30-2. Administration of Donated Food Program Transferred From Department of Health and Human Resources to Department of Agriculture - (a) Effective July 1, 2001, the Department of Agriculture is...

§19-30-3. Special Revenue Account Created for Donated Food Program - (a) There is hereby established in the State Treasury a...

§19-30-4. Donation of Food Items; Exemption From Civil and Criminal Liability - Any person who makes a good faith donation of prepared...

§19-30-5. Definitions - In this article, unless the context otherwise requires: "Agricultural product"...

§19-30-6. Authorization of Donations; Diversion of Products by Directors to Organizations - A person engaged in the business of processing, distributing or...

§19-30-7. Surplus Food Collection and Distribution Centers - The Department of Agriculture shall continue operation of and shall...

§19-30-8. Minimum Standards for Food Banks - In order to qualify as a donated food bank, an...

§19-30-9. State Surplus Buildings and Equipment; Availability to Donated Food Banks - The commissioner of the Department of Administration shall assist a...

§19-30-10. Effect of Article on Other Nonprofit Organizations - Nothing in this article may restrict or limit the operation...

§19-30-11. Application of Article to Food Stamp Act - Consonant with 7 C.F.R. 273.9(c)(1), programs operated in accordance with...

§19-30-12. Donated Food Bank Assistance Fund; Restriction - (a) The fund formerly known as the charity food bank...

Article 31. Gus R. Douglass Agricultural Center at Guthrie

§19-31-1. Establishing the Name - The Guthrie center, currently owned by the Department of Agriculture,...

Article 32. Aquaculture Development

§19-32-1. Legislative Findings and Purpose - The Legislature finds and declares that aquaculture has the potential...

§19-32-2. Short Title - This article shall be known as the "Aquaculture Development Act".

§19-32-3. Definitions - As used in this article: (1) "Aquaculture" means the propagation,...

§19-32-4. Lead Agency; Powers and Duties - (a) Aquaculture is a form of agriculture and thus the...

§19-32-5. Advisory Board - (a) There is created within the Department of Agriculture the...

Article 33. Equine Rescue Facilities Act

§19-33-1. Definitions - For purposes of this article: (a) "Commissioner" means the Commissioner...

§19-33-2. Licensing of Equine Rescue Facilities - No person may operate an equine rescue facility as defined...

§19-33-3. Inspections of Equine Rescue Facilities - Upon application for an equine rescue facility license, the commissioner...

§19-33-4. Legislative Rules - The commissioner shall propose rules for legislative approval in accordance...

§19-33-5. Penalties - Any person who violates any provision of this article or...

Article 34. Dangerous Wild Animals Act

§19-34-1. Findings and Purpose - The possession of dangerous wild animals presents serious public health...

§19-34-2. Definitions - As used in this article unless otherwise specified: (1) "Board"...

§19-34-3. Rule-Making Authority - The Board shall propose rules for legislative approval to effectuate...

§19-34-4. Prohibition on the Possession of a Dangerous Wild Animal; Exceptions - (a) Except as otherwise provided in this article, a person...

§19-34-5. Dangerous Wild Animal Board; Composition; Duties - (a) The Dangerous Wild Animal Board is hereby established with...

§19-34-6. Permit Applications, Requirements, Issuance and Revocation - (a) Application. -– A person applying for a permit to...

§19-34-7. Confiscation and Disposition of Animals; Suspension and Revocation of Permits - (a) A law-enforcement officer, county humane officer or the state...

§19-34-8. Exemptions - (a) The permitting provisions of this article do not apply...

§19-34-9. Criminal and Civil Penalties - (a) A person who violates a provision of this article...

Article 35. Farmers Markets

§19-35-1. Legislative Findings and Purpose - (a) The Legislature hereby makes the following findings: (1) Farmers...

§19-35-2. Definitions - For purposes of this article: "Acidified food" means a low-acid...

§19-35-3. Farmers Markets - (a) All farmers markets operating within the state shall register...

§19-35-3a. Farmers Market Vendor Permits - (a) Except as provided in subsection (d) of this section,...

§19-35-3b. Role of Local Health Departments in Farmers Markets - (a) No local health department may require a farmers market...

§19-35-4. Legislative Rules - The department shall propose emergency or legislative rules for approval...

§19-35-5. Potentially Hazardous Foods - (a) Notwithstanding any provision of 16-1-1 et seq. of this...

§19-35-6. Nonpotentially Hazardous Foods - (a) The production and sale of nonpotentially hazardous foods, when...

Article 36. Agritourism Responsibility Act

§19-36-1. Legislative Purposes; Authority - Every year, in rapidly increasing numbers, residents and nonresidents of...

§19-36-2. Definitions - Unless the context of usage clearly requires otherwise: “Agritourism” activity...

§19-36-3. Duties of Agritourism Businesses and Participants - (a) An agritourism business, or agritourism business employee or volunteer...

§19-36-4. Liability of Agritourism Businesses - (a) To qualify for the limitation on liability afforded by...

§19-36-5. Maintenance of Property Status for Certain Purposes; Exceptions - (a) Notwithstanding any provision of this code to the contrary,...

Article 37. West Virginia Fresh Food Act

§19-37-1. Legislative Findings and Purpose - (a) According to the West Virginia Farm Bureau state schools...

§19-37-2. State-Funded Institutions to Purchase Food From In-State Sources; Exception - (a) Beginning July 1, 2019, each state-funded institution, including, but...

§19-37-3. Rule-Making Authority and Enforcement - The Commissioner of Agriculture shall be charged with the enforcement...

Article 38. Agriculture Investment Program

§19-38-1. Legislative Findings and Purpose - (a) The Legislature finds that: (1) It is an important...

§19-38-2. Definitions - (a) "Commissioner" means the Commissioner of Agriculture, or his or...

§19-38-3. Agriculture Investment Fund Created - (a) There is hereby created in the State Treasury a...

§19-38-4. West Virginia Agriculture Investment Program - (a) The West Virginia Agriculture Investment Program is hereby authorized....

§19-38-5. Legislative Rules - The commissioner shall propose rules for legislative approval in accordance...

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West Virginia Code Chapter 19. Agriculture

West Virginia Code
Chapter 19. Agriculture