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WV Code § 19-12D-4 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 12D. West Virginia Noxious Weed Act|§19-12D-4. Administration of Article; Promulgation of Regulations

(a) The commissioner shall administer and enforce the provisions of this article and shall have authority to issue regulations after a public hearing following due notice to all interested persons in conformance with the provisions of the state administrative procedures set forth in chapter twenty-nine- a of this code.(b) In issuing such regulations, the commissioner shall give consideration to pertinent research findings and recommendations of other agencies of the state, the federal government, and other reliable sources.
WV Code § 19-12D-5 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 12D. West Virginia Noxious Weed Act|§19-12D-5. Surveys for Noxious Weeds; Multiflora Rose

(a) The commissioner shall make surveys for noxious weeds and when it is determined that an infestation exists within the state he may, by regulation after public hearing held in accordance with procedures set forth in chapter twenty-nine-a of this code, declare the weed to be noxious.(b) Multiflora rose, Rosa multiflora, is a detriment to agriculture in West Virginia and is hereby declared to be a noxious weed.
WV Code § 19-12D-6 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 12D. West Virginia Noxious Weed Act|§19-12D-6. Quarantines

When a plant is declared to be noxious under section five of this article, the commissioner shall, subsequent to the declaration of a quarantine, limit the application of rules and regulations pertinent to such quarantine to the infested portion of the state and appropriate environs, which would be known as the regulated area and may, without further hearing, extend the regulated area to include additional portions of the state upon publication of a notice to that effect in a newspaper distributed in the extended area or by direct written notice to those concerned.
WV Code § 19-12D-7 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 12D. West Virginia Noxious Weed Act|§19-12D-7. Prohibited Acts; Permits; Authority to Stop Sale or Delivery

(a) No person shall violate any provision of this law or any rule promulgated thereunder.(b) No person shall move, transport, deliver, ship or offer for shipment into or within this state any noxious weed without first obtaining a permit from the commissioner and such permit shall be issued only after it has been determined that the noxious weed is generally present throughout the state or is for scientific purposes subject to prescribed safeguards: Provided, That the division shall take final action upon all completed permit applications within thirty days of receipt if the application is uncontested, or within ninety days if the application is contested.(c) The commissioner, in order to prevent the introduction or dissemination of noxious weeds, is hereby authorized to stop delivery, stop sale, seize, destroy, treat, or order returned to the point of origin, at the owner’s expense, any noxious weed, article or substance, whatsoever, if it is being transported or moved within this state, or if it exists on any premises within the state, or if it is being brought into this state from any place outside thereof, if such is found by him or her to be infested with any noxious weed subject to this article.
WV Code § 19-12D-9 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 12D. West Virginia Noxious Weed Act|§19-12D-9. Right of Entry

To effectuate the purpose of this article, the commissioner is hereby invested with authority to enter upon any public or private premises, except private residences, and the curtilage thereof, at reasonable times, after reasonable notification to the owner and tenant or agent in order to examine and sample all plants and trees, soil, articles, and substances which are suspected of being infested with a noxious weed in discharge of the duties prescribed by this article.
WV Code § 19-12D-10 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 12D. West Virginia Noxious Weed Act|§19-12D-10. Review of Actions of Commissioner

Any person aggrieved by any action of the commissioner may obtain a review thereof by filing in a court of competent jurisdiction, within thirty days of notice of the action, a written petition praying that the action of the commissioner be enjoined or set aside. A copy of such petition shall forthwith be delivered to the commissioner and within thirty days thereafter the commissioner shall certify and file in the court a transcript of any record pertaining thereto, including a transcript of evidence received, whereupon the court shall have jurisdiction to affirm, set aside, or modify the action of the commissioner, except that the findings of the commissioner as to the facts, if supported by substantial evidence, shall be conclusive.
WV Code § 19-12D-11 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 12D. West Virginia Noxious Weed Act|§19-12D-11. Penalties

Any person violating any of the provisions of this article, or the rules and regulations adopted thereunder, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than $10 nor more than $100.It shall be the duty of the prosecuting attorney of the county in which the violation occurred to represent the commissioner, to institute proceedings and to prosecute the person charged with such violation. In the event a county or prosecuting attorney refuses to act on behalf of the commissioner, the Attorney General shall so act.
WV Code § 19-12D-12 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 12D. West Virginia Noxious Weed Act|§19-12D-12. Importation or Sale of Multiflora Rose Unlawful

Notwithstanding any other provisions of this code to the contrary, it is unlawful for any person, firm or corporation to import or otherwise bring or move into this state or sell or offer or expose for sale or have in possession with intent to sell or offer or expose for sale in this state the noxious weed known as multiflora rose, rosa multiflora. Any person, firm or corporation violating the provisions of this section is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than $1,000, or confined in jail not more than one year or both fined and imprisoned. In addition, the commissioner may obtain injunctive relief, along with a civil penalty of $1,000, for any violation of this section in the circuit court of any county wherein such violation occurs. The commissioner shall not under any circumstances grant any permit for the sale in this state of or importation or other movement into this state of multiflora rose, rosa multiflora. The provisions of this section are in addition to the powers, duties and authority given to the commissioner elsewhere in this article and do not limit or abrogate in any way the powers and authority given the commissioner elsewhere in this article, except that the criminal penalties of this section apply to violations of this section and the penalty provisions of section eleven of this article do not apply thereto.
WV Code § 19-12E-1 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 12E. Industrial Hemp Development Act|§19-12E-1. Short Title

This article is known as the "Industrial Hemp Development Act".
WV Code § 19-12E-2 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 12E. Industrial Hemp Development Act|§19-12E-2. Purpose

The Legislature finds that the development and use of industrial hemp can serve to improve the state's economy and agricultural vitality and that the production of industrial hemp can be regulated so as not to interfere with the strict regulation of controlled substances in this state. The purpose of the industrial hemp development act is to promote the economy and agriculture by permitting the development of a regulated industrial hemp industry while maintaining strict control of marijuana.
WV Code § 19-12E-3 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 12E. Industrial Hemp Development Act|§19-12E-3. Definitions

As used in this article:(a) "Cannabidiol" or "CBD" means the compound by the same name derived from the hemp variety of the cannabis sativa L. plant;(b) "Commercial sales" means the sale of products in the stream of commerce, at retail, wholesale, and online;(c) "Commissioner" means the Commissioner of Agriculture or his or her designee;(d) "Cultivating" means planting, watering, growing, and harvesting a plant or crop;(e) "Department" means the West Virginia Department of Agriculture and its employees; (f) "Handling" means possessing or storing hemp plants for any period of time on premises owned, operated, or controlled by a person licensed to cultivate or process hemp. "Handling" also includes possessing or storing hemp plants in a vehicle for any period of time other than during its actual transport from the premises of one licensed person to cultivate or process industrial hemp to the premises of another licensed person. "Handling" does not mean possessing or storing finished hemp products;  (g) "Hemp" or "industrial hemp" means all parts and varieties of the plant Cannabis sativa L. and any part of the plant, including the seeds of the plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not with no greater than 0.3% tetrahydrocannabinol, or the THC concentration for hemp defined in 7 U.S.C. § 5940, whichever is greater; (h) "Hemp products" means all products derived from, or made by, processing hemp plants or plant parts, that are prepared in a form available for commercial sale; (i) "Licensee" means an individual or business entity possessing a license issued by the Department to grow, handle, cultivate, or process hemp;  (j) "Marijuana" means all plant material from the genus cannabis containing more than one percent tetrahydrocannabinol or seeds of the genus capable of germination;(k) "Processing" means converting an agricultural commodity into a marketable form; and(l) "THC" means tetrahydrocannabinol. Notwithstanding any other provision of this code to the contrary, the THC found in industrial hemp shall not be considered to be THC for the purposes of qualifying as a controlled substance.
WV Code § 19-12E-4 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 12E. Industrial Hemp Development Act|§19-12E-4. Industrial Hemp Authorized as Agricultural Crop; License Required

(a) Industrial hemp is considered an agricultural crop in this state if grown for the purposes authorized by the provisions of this article. Upon meeting the requirements of §19-12E-5 of this code, an individual in this state may plant, grow, harvest, possess, process, sell or buy industrial hemp.(b) A person shall not cultivate, handle, or process industrial hemp in this state unless the person holds an industrial hemp license issued by the department.
WV Code § 19-12E-6 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 12E. Industrial Hemp Development Act|§19-12E-6. Industrial Hemp Production – Notification

(a) Every licensee shall file with the commissioner:(1) Documentation showing that the seeds planted are of a type and variety certified to contain no more than 0.3% tetrahydrocannabinol; (2) A copy of any contract to grow industrial hemp; and (3) Any other document required to be submitted by the commissioner.(b) Each licensee shall notify the commissioner of the sale or distribution of any industrial hemp grown by the licensee, including, but not limited to, the name and address of the person or entity receiving the industrial hemp and the amount of industrial hemp sold.
WV Code § 19-12E-7 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 12E. Industrial Hemp Development Act|§19-12E-7. Rule-Making Authority

The commissioner shall propose legislative rules for promulgation in accordance with §29A-3-1 et seq. of this code that include, but are not limited to:(1) Licensing persons who wish to grow, cultivate, handle, or process industrial hemp;(2) Sampling and testing of the industrial hemp to determine tetrahydrocannabinol levels;(3) Supervision of the industrial hemp during its growth and harvest;(4) Assessment of fees that are commensurate with the costs of the commissioners activities in licensing, testing, and supervising industrial hemp production;(5) The production and sale of industrial hemp; (6) The production, sale, possession, handling, or transport of hemp products and extracts, including those containing one or more hemp-derived cannabinoids, including CBD; and(7) Any other rules and procedures necessary to carry out the purposes of this article.
WV Code § 19-12E-8 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 12E. Industrial Hemp Development Act|§19-12E-8. Disposition of Fees

All fees assessed as provided for in §19-12E-5 of this code must be deposited with the state treasurer to the credit of the "Agricultural Fees Fund" established by the provisions of §19-1-4c of this code for the use of the commissioner for administering and enforcing the provisions of this article.
WV Code § 19-12E-9 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 12E. Industrial Hemp Development Act|§19-12E-9. Defense for Possession or Cultivation of Marijuana

(a) It is a complete defense to a prosecution for the possession or cultivation of marijuana pursuant to the provisions of §60A-4-401 et seq. of this code that defendant was growing industrial hemp pursuant to the provisions of this article.(b) This section is not a defense to a charge of criminal sale or distribution of marijuana as defined in §60A-1-101 et seq. of this code which does not meet the definition of industrial hemp.
WV Code § 19-12E-10 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 12E. Industrial Hemp Development Act|§19-12E-10. State Regulation of Industrial Hemp

(a) The commissioner may submit to the Secretary of the United States Department of Agriculture, for his or her approval, a plan under which this state monitors and regulates the production of industrial hemp. The plan shall comply with the requirements of 7 U.S.C. § 1621 et seq. and any other requirements established by the United States Department of Agriculture. (b) Nothing in this section prohibits the production of industrial hemp in this state if the commissioner declines to submit a plan, or if a submitted plan is not approved by the United States Department of Agriculture in accordance with other federal laws and regulations.
WV Code § 19-12E-11 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 12E. Industrial Hemp Development Act|§19-12E-11. Violations; Negligent Violations; Notice

(a) A licensee in this state that does not comply with any approved plan is subject to §19-12E-11(b) of this code if the department determines the licensee has negligently violated the state plan by:(1) Failing to provide a legal description of the land on which the licensee produces hemp;(2) Failing to obtain a license or other required authorization from the West Virginia Department of Agriculture; or(3) Producing industrial hemp containing more than 0.3% of tetrahydrocannabinol.(b) A licensee described in subsection (a) of this section shall comply with any requirements established by the department to correct any negligent violation, including:(1) A reasonable date by which the hemp producer shall correct the negligent violation; and(2) In the discretion of the commissioner, any requirement that the licensee shall periodically report to the department the licensees compliance with the state plan for at least two calendar years from the date of the negligent violation.(c) A licensee that negligently violates the provisions of this article, legislative rules promulgated pursuant to this article, or this states approved plan authorized pursuant to §19-12E-10 of this code three times in a five-year period, is ineligible to produce hemp in this state for a period of five years beginning on the date of the third violation.(d) If the department determines that a licensee in this state has intentionally violated the provisions of this article, legislative rules promulgated pursuant to this article, or this states approved plan authorized pursuant to §19-12E-10 of this code, the provisions of §19-12E-11(b) of this code shall not apply to the violation and the department shall report the licensee to:(1) The attorney general;(2) The sheriff of the county in which the hemp is being grown; and (3) The local detachment of the West Virginia State Police.(e) Absent a notification pursuant to subsection (d) of this section, a licensee that negligently violates state laws or rules is not subject to any criminal or civil enforcement action by any state, county, or municipal government.
WV Code § 19-13-1 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 13. Inspection and Protection of Agriculture|§19-13-1. Short Title

This article may be cited as "The West Virginia Apiary Act."
WV Code § 19-13-3 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 13. Inspection and Protection of Agriculture|§19-13-3. Commissioner's Powers and Duties; Rule-Making Authority; Apiary Education; Cooperation With Governmental Agencies; Seizure of Infected Bees and Bee Equipment

(a) The commissioner may propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code: (1) To effectively eradicate, suppress or control honey bee pests as far as may be practical; (2) to regulate the keeping and maintaining of bees, bee equipment, queen breeding equipment, apiaries and appliances; (3) to regulate treatments, retreatments, and fees for the services; and (4) any other rules necessary to effectuate the enforcement of this article.(b) The commissioner is authorized to conduct apiary education in a manner which advances and promotes bee culture in West Virginia.(c) The commissioner is authorized to cooperate with the federal government and its agencies, departments and instrumentalities; other West Virginia agencies, departments, divisions, or political subdivisions; and any other state or commonwealth and its agencies, departments or political subdivisions, in order to carry out the effective administration of this article.(d) The commissioner is authorized to stop the delivery of, to seize, to destroy, to treat or to order returned to point of origin, at the owner's expense, all appliances, bees, bee equipment, bee products or hives transported into or within this state, found to be infected with honey bee pests regardless of whether a valid certificate of inspection is attached.
WV Code § 19-13-4 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 13. Inspection and Protection of Agriculture|§19-13-4. Registration of Bees; Identification of Apiaries; Limitation on Liability

(a) All persons keeping bees in this state shall apply for a certificate of registration for beekeeping from the commissioner, within ten days of the date that bees are acquired, by notifying the commissioner, in writing, of the number and location of colonies they own or rent, or which they keep for someone else, whether the bees are located on their own property or someone else’s property. All apiary certificates of registration expire on June 30 of each year and must be renewed annually. Apiary certificates of registration issued in 2017 will be valid through June 30, 2018.(b) All persons owning or operating an apiary which is not located on their own property must post the name and address of the owner or operator in a conspicuous place in the apiary.(c) A person who:(1) Owns and operates an apiary;(2) Is registered with the commissioner; and(3) Operates the apiary in a reasonable manner and in conformance with the West Virginia Department of Agriculture’s written best management practices provided by rule, is not liable for any personal injury or property damage that occurs in connection with the keeping and maintaining of bees, bee equipment, queen breeding equipment, apiaries and appliances. The limitation of liability established by this section does not apply to intentional tortious conduct or acts or omissions constituting gross negligence.(d) The commissioner shall promulgate legislative rules in accordance with article three, chapter twenty-nine-a of this code regarding the best management standards for the operation of apiaries. The limitation on liability contained in subsection (c) shall not take effect until legislative rules are promulgated in accordance with article three, chapter twenty-nine-a of this code.
WV Code § 19-13-5 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 13. Inspection and Protection of Agriculture|§19-13-5. Right of Entry; Apiary Inspections; Quarantines

(a) During reasonable working hours, the commissioner may enter upon any premises to access any apiary for the purpose of inspecting or sampling. No person shall obstruct or hinder the commissioner in the discharge of his or her duties.(b) The commissioner shall inspect, as practicable, all colonies of honey bees domiciled within the State of West Virginia. If any honey bee pest is found in the apiary, the commissioner shall immediately notify, in writing, the owner or operator stating the type of honey bee pest and whether it may be successfully treated or not.In cases where the honey bee pest is subject to treatment, the commissioner shall specify and direct the necessary treatment, which will be administered by the owner or operator, within fourteen days of the date of notice. If not treated, the colonies contained in the apiary in which the honey bee pests are found shall be depopulated without remuneration to the owner. All bee hives and related bee equipment found in any diseased apiary shall be destroyed, sterilized or treated in a manner approved by and under the direction of the commissioner.(c) All apiaries producing queens, packaged bees or nuclei colonies for distribution shall be inspected each year. If honey bee pests are found in the apiary, the commissioner shall immediately notify, in writing, the owner or operator, and thereafter it shall be unlawful for the owner or operator to ship, sell or give away any queen bees, appliances, packaged bees, full colonies or nuclei colonies from the apiary until the honey bee pests have been controlled to the satisfaction of the commissioner.(d) The commissioner shall quarantine all apiaries, bees, bee equipment, bee products, appliances and premises infected by honey bee pests. The notice of quarantine shall specify the name of the honey bee pest, the premises or apiary quarantined, bee equipment, bee products and appliances regulated and all conditions governing movement. The commissioner may adopt other orders to prevent the introduction of or to contain the spread of honey bee pests that are capable of being transported by bees, appliances or bee equipment. The order shall set forth the conditions governing the movement of the regulated items.The commissioner shall rescind, in writing, quarantines and other orders when he or she determines the need no longer exists.