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WV Code § 19-1B-6 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 1B. Sediment Control During Commercial Timber Harvesting Operations|§19-1B-6. Notification of Duration of Timbering Operations or Harvesting of Timber for Sale; Requirements Thereof

(a) In addition to any other requirement of this article, no person may conduct timbering operations and no person may sever trees for sale unless the person notifies the director of the specific location on which the timbering operations or harvesting of timber are to be conducted. The notification shall be made in a manner designated by the director.(1) All persons who conduct timbering operations or who harvest timber for sale, including those persons who are specifically exempted from the licensure requirements of §19-1B-4 of this code, shall provide to the director of the division notification of harvesting of timber, which shall include:(A) The name and address of the harvester of timber;(B) The name and addresses of the owner or owners of the property upon which the timber is located;(C) The business tax number or social security number of the harvester of timber; and(D) An acknowledgment that the harvester of timber will conduct the harvest according to best management practices.(2) In addition to the requirements of subdivision (1) of this subsection, persons who are subject to the licensure requirements of §19-1B-4 of this code shall provide to the director of the division notification of timbering operations, which shall include, at a minimum, the following:(A) The specific topographic location where the timbering operations are to be conducted;(B) The approximate dates that the timbering operation will begin and end;(C) The approximate acreage over which timbering operations are contemplated;(D) The names and addresses of the owner or owners of the timber to be harvested and, if different, the names and addresses of the owner or owners of the property upon which the timber is located;(E) A sketch map of the proposed logging operation, including haul roads, landings, and stream crossings;(F) A description of the sediment control practices to be used by the logger during the timber harvesting operation;(G) An acknowledgment that the operator will conduct the operations in compliance with the provisions of this article and any applicable rules promulgated pursuant to this article;(H) A certification satisfactory to the director that all permits required under state law have been obtained or applied for and that all pertinent requirements for obtaining any permit applied for, but not yet obtained, have been complied with; and(I) The name or names of the person or persons who will be supervising the timbering operations at the site of the operations and his or her logger certification numbers.(b) The notification shall be made at least three days before the start of the operation.(c) Further notice shall be given if the operation is to be, for any reason, closed more than seven days before the estimated date for closing provided under paragraph (B), subdivision (2), subsection (a) of this section.
WV Code § 19-1B-8 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 1B. Sediment Control During Commercial Timber Harvesting Operations|§19-1B-8. Timbering Operations Enforcement Fund

There is created in the state Treasury a special revolving fund designated the "Timbering Operations Enforcement Fund." All fees collected pursuant to this article shall be deposited into the fund: Provided, That amounts deposited in the fund which are found from time to time to exceed the amounts necessary to effectuate the purposes of this article may be redesignated for other purposes by appropriation by the Legislature.This fund shall be appropriated to the Division of Forestry to be used for the administration and enforcement of the provisions of this article and for no other purpose.
WV Code § 19-1B-9 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 1B. Sediment Control During Commercial Timber Harvesting Operations|§19-1B-9. Right of Entry

The director or the chief has the right to enter upon any property for the purpose of making inspections to ensure that the provisions of this article and any rules promulgated pursuant thereto are being complied with.
WV Code § 19-1B-10 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 1B. Sediment Control During Commercial Timber Harvesting Operations|§19-1B-10. Orders of the Director

Notwithstanding the provisions of §19-1B-5 of this code, whenever the director determines that any person has violated a provision of this article or any rules promulgated pursuant thereto, he or she may enter an order directing the person to cease the violation and, where appropriate, to take such action to remediate damage created or to take action appropriate for the specific site.Any person having an interest which is or may be adversely affected by any order of the director may file an appeal in accordance with the provisions of §19-1B-11 of this code. Any person or entity aggrieved by an order issued under the provisions of §19-1B-5(b) or §19-1B-5(c) of this code may file an appeal under the provisions of §19-1B-11 of this code.Any persons or entity aggrieved by a suspension or revocation order issued under the provisions of §19-1B-5(e) or §19-1B-5(f) of this code may file an appeal in accordance with the provisions of §29A-5-1 et seq. and §29A-6-1 et seq. of this code.
WV Code § 19-1B-11 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 1B. Sediment Control During Commercial Timber Harvesting Operations|§19-1B-11. Creation of Conference Panels; Authority

(a) Each forestry region in this state shall contain an informal conference panel composed of three persons to decide appeals of the director's orders. One member of the panel shall be selected by the director, one member shall be selected by the chief and one member shall be selected by agreement between the chief and the director. If a vacancy exists on the panel, the vacancy shall be filled by whomever made the initial selection. The members of the panel shall serve without compensation.(b) Upon appeal of a decision under this section or upon petition by the chief, pursuant to the provisions of subsection (a), section five of this article, the panel shall hold an informal conference affirming, modifying or vacating an order of the director, or issuing an order in the name of the director. The panel shall forthwith notify the parties of its decision and as soon as practicable send written notice of its decision to the parties. The decision of the panel is final.(c) A party aggrieved by a decision of a panel may appeal to the circuit court of the county wherein the cause for the order arose. The appeal must be filed with the circuit court within twenty days of the date of decision of the panel and shall be heard de novo by the court. The court may reverse, vacate or modify the decision of the panel. The decision of the circuit court is final unless reversed, vacated or modified on appeal to the Supreme Court of Appeals in the manner provided by law.
WV Code § 19-1B-13 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 1B. Sediment Control During Commercial Timber Harvesting Operations|§19-1B-13. Cooperation of Other State Agencies

All state agencies shall cooperate with the director in the director's efforts to ensure that persons conducting timbering operations are doing so in compliance with all applicable provisions of state law, and the director shall cooperate with such other state agencies to enforce their statutory and regulatory responsibilities and duties. Cooperation shall include the sharing of information necessary or helpful to the accomplishment of such responsibilities and duties. The director shall notify the chief of commencement of timbering operations. The chief and the director each shall submit an annual report on the progress and effectiveness of the programs incorporated in this article to the Governor, the Speaker of the House of Delegates and the President of the Senate.
WV Code § 19-1B-14 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 1B. Sediment Control During Commercial Timber Harvesting Operations|§19-1B-14. Effect on Other Laws

Nothing in this article relieves any person conducting timbering operations from complying with any other provision of this code.
WV Code § 19-1C-1 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 1C. Care of Livestock|§19-1C-1. Legislative Findings

(a) The Legislature finds that the following are important to protect the health and welfare of the citizens of West Virginia:(1) Establishing standards governing the care and well-being of livestock in this state;(2) Maintaining food safety;(3) Encouraging locally grown and raised food; and(4) Protecting West Virginia farms and families.(b) Therefore, to protect the public interest, the Legislature finds that it is necessary to create a Livestock Care Standards Board.
WV Code § 19-1C-2 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 1C. Care of Livestock|§19-1C-2. Definitions

For the purposes of this article:(1) "Board" means the Livestock Care Standards Board.(2) "Commissioner" means the Commissioner of Agriculture. (3) "Department" means the West Virginia Department of Agriculture.(4) "Livestock" has the same definition as set out in 19-10B-2(d) of this code.
WV Code § 19-1C-3 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 1C. Care of Livestock|§19-1C-3. Livestock Care Standards Board

(a) On July 1, 2010, there is hereby created the Livestock Care Standards Board. (b) Commencing July 1, 2021, the board consists of the following 13 members, to be appointed by the Governor, by and with the consent of the Senate:(1) The Commissioner of the Department of Agriculture or his or her designee, ex officio non-voting, who is the chairperson of the board;(2) The State Veterinarian, ex officio non-voting;(3) One member who is a veterinarian licensed in this state engaging in large animal practice;(4) The dean of the agriculture department of a college or university located in this state;(5) One member representing a county humane society that is organized under state law;(6) One member who is knowledgeable about food safety in this state;(7) Two members who are law-enforcement officers: Provided, That one member shall be appointed for an initial term of two years, and the other shall be appointed for an initial term of five years;(8) One member selected from a list of three individuals submitted from the largest statewide poultry organization;(9) One member selected from a list of three individuals submitted by the largest statewide livestock organization; and(10) Three members, at least two of whom are family farmers, selected from a list of 10 individuals submitted by the largest organization in the state representing farmers.(c) After the initial appointment terms, the appointment term is five years. Appointed members may be reappointed for additional terms.(d) All members must be residents of this state during their terms. (e) All appointed members serve until their successor has been appointed and qualified. Vacancies shall be filled in the same manner as the original appointment for the remainder of the unexpired term.
WV Code § 19-1C-4 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 1C. Care of Livestock|§19-1C-4. Powers and Duties of the Board

(a) The board has the following powers and duties to:(1) Establish standards governing the care and well-being of livestock;(2) Maintain food safety;(3) Encourage locally grown and raised food; and(4) Protect West Virginia farms and families.(b) The commissioner, in consultation with the board, is authorized to establish standards by legislative rule, pursuant to the provisions of 29A-3-1 et seq. of this code, governing the care and well-being of livestock in this state, including:(1) The agricultural best management practices for the care and well-being of livestock and poultry in this state;(2) Procedures for addressing complaints regarding the inhumane treatment of livestock and coordinating efforts with county humane officers: Provided, That documents and communication regarding any investigation thereof, are considered confidential and are exempt from disclosure pursuant to 29B-1-1 et seq. of this code;(3) Biosecurity, disease prevention, animal morbidity, and mortality data;(4) Food safety practices; and(5) The protection of local, affordable food supplies for consumers.(c) The board shall review any rule proposed by the commissioner for legislative approval pursuant to this section. After reviewing the proposed legislative rule, the board may provide a recommendation to the Legislative Rule-Making Review Committee that the Legislature:(1) Authorize the promulgation of the legislative rule;(2) Authorize the promulgation of part of the legislative rule;(3) Authorize the promulgation of the legislative rule with certain amendments;(4) Recommend that the proposed rule be withdrawn; or(5) Reject the proposed rule.
WV Code § 19-1C-5 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 1C. Care of Livestock|§19-1C-5. Compensation of Board Members

(a) The ex officio members of the board may not receive compensation for serving on the board.(b) The appointed members of the board shall receive compensation for each day or portion of a day engaged in the discharge of official duties, which compensation may not exceed the amount paid to members of the Legislature for their interim duties as recommended by the Citizens Legislative Compensation Commission and authorized by law.(c) Each member of the board shall be reimbursed actual and necessary expenses incurred for each day or portion of a day engaged in the discharge of official duties in a manner consistent with the West Virginia Department of Agriculture Travel Policy and Procedure.
WV Code § 19-1C-6 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 1C. Care of Livestock|§19-1C-6. Meetings of the Board

(a) The board shall meet at least annually, and the commissioner may call additional meetings of the board upon the written request of three members. (b) The commissioner, on behalf of the board, may file an annual report with the Joint Committee on Government and Finance that contains information about the activities of the board and department for the prior year concerning livestock care standards; Provided; That after December 31, 2025, no reports filed on behalf the board may be filed with the Joint Committee on Government and Finance.
WV Code § 19-1C-7 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 1C. Care of Livestock|§19-1C-7. Enforcement of Livestock Care Standards

(a) The commissioner shall administer and enforce the standards established pursuant to this article. This authority may include, but is not limited to: (1) Coordinating with and providing assistance to law-enforcement officers; (2) Assisting law-enforcement officers with investigations and other actions taken in response to complaints regarding the care of livestock; (3) Working with county, municipal, and state authorities to address situations in which a livestock care complaint needs to be reassigned due to a conflict of interest;(4) Providing training for law-enforcement officers on the livestock care standards and proper animal handling techniques; and(5) Providing opinions to law-enforcement officers, when such opinions are requested, regarding the application of livestock care standards promulgated pursuant to this article.(b) State, county, and local law-enforcement officers shall notify the commissioner of all complaints and investigations concerning care of livestock, and may seek the advice and opinion of the commissioner regarding application of the livestock care standards in those cases.(c) No later than September 1, 2021, the commissioner shall notify state, county, and local law-enforcement officers of the changes made to this article of code during the 2021 Regular Legislative Session.
WV Code § 19-2-1 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 2. Marketing Agricultural Products|§19-2-1. Definitions

For the purpose of this article the following definitions shall prevail:(a) Person includes individual, partnership, corporation and association.(b) Agricultural products include livestock and livestock products, poultry and poultry products, fruits and fruit products, vegetables and vegetable products, grains and hays and the products derived therefrom, tobacco, syrups, honey, and other products derived from the business of farming; including such other products as may be manufactured, derived, or prepared from agricultural products, raw or processed, which are used as food for man or other animals.(c) Commissioner means the "commissioner of agriculture" of the State of West Virginia.(d) Commission merchant means any person, firm, corporation, association, or partnership engaged in the business of receiving agricultural products on consignment and selling or distributing the same for a commission.
WV Code § 19-2-2 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 2. Marketing Agricultural Products|§19-2-2. Duties and Powers of Commissioner

In order to develop and encourage home industry and to protect and promote the interests of producers and provide consumers with food products of uniform grade and quality at fair and reasonable prices, it shall be the duty of the commissioner and he shall have authority to promote, regulate, coordinate, establish and conduct a system of marketing agricultural products in the State of West Virginia. He shall assist producers and handlers in the grading, classification and standardization of agricultural products at public markets, concentration points, packing, grading and processing plants and other places where agricultural products are assembled for distribution.
WV Code § 19-2-3 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 2. Marketing Agricultural Products|§19-2-3. Commissioner to Cooperate With Federal Department of Agriculture

In carrying out the provisions of this article the commissioner shall cooperate with the United States Department of Agriculture and its several bureaus and divisions and the departments of the several states. The commissioner shall investigate the methods employed by the United States Department of Agriculture for the promotion of economical and efficient marketing of agricultural products and he shall have authority to establish and publish weights, grades, standards, classifications, and rules and regulations for the production, handling, and distribution of agricultural products in this state, and he shall, so far as the same are applicable and practicable, utilize and apply the rules, regulations, classifications, standards and grades, and official methods of examinations and analysis of the United States Department of Agriculture and its several bureaus and divisions.
WV Code § 19-2-4 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 2. Marketing Agricultural Products|§19-2-4. Quarantines

For the purpose of protecting the health of the state and to prevent the infection, contamination or reduction in the standards of products produced within the state, the commissioner of agriculture may, acting within the police power of the state, inspect and establish quarantines over all agricultural products and the means of their importation. In the establishment of such quarantine or inspection the commissioner shall give notice in writing of such quarantine or inspection area, specify its boundaries, the duration of the inspection, and the purpose thereof, and provide for notification of the proper authorities and the posting of the area.
WV Code § 19-2-5 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 2. Marketing Agricultural Products|§19-2-5. Inspection and Grading of Agricultural Products; Charges

The commissioner may comply with the request of any person for official inspection of agricultural products and he or his agents shall have authority to inspect and determine the grade and quality of agricultural products at public markets, concentration points, packing, grading, and processing plants and other places where agricultural products are assembled for distribution; the commissioner shall establish and publish a schedule of charges for such inspection and grading service; and it shall be his duty and he shall have authority to collect such charges for such inspection and grading services, which moneys shall be paid into the state Treasury and reappropriated to the Department of Agriculture for the administration of this article.
WV Code § 19-2-6 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 2. Marketing Agricultural Products|§19-2-6. Inspection and Quarantine Powers of Commissioner

The commissioner or his agents shall during business hours have access to any place, premises, or conveyances where agricultural products are produced, handled, stored, transported, distributed, or sold, and to examine the books and records of any person affected by the provisions of this article. They shall have the power and authority to detain, embargo, or quarantine agricultural products when suspected of or found to be in violation of the provisions of this article, by affixing thereto a tag or other appropriate marking and giving notice thereof in writing. It shall be unlawful for any person to remove or dispose of such detained, embargoed, or quarantined agricultural product by sale or otherwise without the permission of the commissioner or his agent or the courts. When an agricultural product detained, embargoed, or quarantined, as aforesaid, has been found by such agent to be in violation of the provisions of this article, he shall petition any court of competent jurisdiction, for the condemnation or disposal of such product.
WV Code § 19-2-7 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 2. Marketing Agricultural Products|§19-2-7. Prohibited Sales

It shall be unlawful for any person to sell, offer, or expose for sale, or exchange or have in his possession with intent to sell, offer or expose for sale or exchange any agricultural product in this state which is:(1) Infected with any contagious or communicable disease; or(2) Which consists in whole or in part of any filthy, putrid or decomposed substance; or(3) Which has been prepared, packed, or held under unsanitary conditions whereby it may have become contaminated or rendered injurious to health; or(4) If it or its container is composed in whole or in part, of any poisonous or deleterious substance injurious to health; or(5) If any valuable constituent has been in whole or in part omitted or abstracted therefrom; or(6) If any substance has been substituted wholly or in part therefor; or(7) If damage or inferiority has been concealed in any manner; or(8) If its labeling is false or misleading; or(9) If it is offered for sale under the name of another food; or(10) If it is an imitation of another food, unless its label bears in prominent type the word "imitation"; or(11) If its container is so made, formed, or filled as to be misleading; or(12) If the labeling thereon does not identify the producer, manufacturer or handler thereof, and an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count; or(13) If any substance has been added thereto or mixed or packed therewith so as to increase its bulk or weight, or reduce its quality or strength, or make it appear better or of greater value than it is.Nothing herein contained shall prohibit the sale of livestock for immediate slaughter in accordance with the meat inspection regulations of the United States Department of Agriculture.