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WV Code § 19-2B-3 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 2B. Inspection of Meat and Poultry|§19-2B-3. Commissioner to Enforce Article; Rules; Cooperation With Federal Agencies, etc.

(a) The commissioner shall administer and enforce the provisions of this article and for this purpose is hereby authorized and empowered to promulgate reasonable rules and to employ or contract with such persons as may be appropriate. All rules shall be promulgated in accordance with the provisions of chapter twenty-nine-a of this code. Such rules shall, insofar as practicable, be in conformity with the rules and regulations issued under the federal Meat Inspection Act and the federal Poultry Products Inspection Act.(b) The commissioner is hereby authorized and empowered to cooperate with the federal government and any agencies, departments and instrumentalities thereof, the State of West Virginia and any agencies, departments or political subdivisions thereof, and any other state or commonwealth and any agencies, departments or political subdivisions thereof, in order to carry out the effective administration of this article.
WV Code § 19-2B-5 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 2B. Inspection of Meat and Poultry|§19-2B-5. Access to Establishments, Records, etc.

The commissioner may at any time enter upon and inspect any establishment, place, premises or conveyance, either private or public, where animals or poultry are slaughtered or carcasses, meat products or poultry products are processed, handled, stored, transported, distributed, sold or offered for sale, for the purpose of examining such animals or poultry, carcasses, meat products or poultry products. Any person engaged in the business of operating an establishment shall maintain such records as the commissioner may require directly pertaining to the movement, storage and distribution or other disposition of animals or poultry, carcasses, meat products and poultry products, and such records shall be open to inspection by the commissioner at any time during the normal working hours at such establishment.
WV Code § 19-2B-7 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 2B. Inspection of Meat and Poultry|§19-2B-7. Exclusion of Slaughterhouses and Processing Plants Under the Supervision of or Approved by the United States Department of Agriculture

The provisions of this article shall not apply to any slaughterhouse or processing plant operating under the federal Meat Inspection Act or the federal Poultry Products Inspection Act, or approved by the United States Department of Agriculture.
WV Code § 19-2B-8 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 2B. Inspection of Meat and Poultry|§19-2B-8. Exemptions

(a) In order to accomplish the objectives of this article, the commissioner may by reasonable rules exempt from inspection:(1) Any commercial dealer, provided all carcasses, meat products or poultry products sold or offered for sale by such dealer were slaughtered and/or processed in commercial establishments under state inspection or have been inspected and passed by the United States Department of Agriculture and shall be identified, labeled and sold in normal retail quantities as prescribed by reasonable rules promulgated by the commissioner;(2) The slaughtering by any person of animals of his or her own raising, and the preparation by him or her of the carcasses, meat products or poultry products of such animals exclusively for use by him or her and members of his or her household and his or her nonpaying guests and employees; or custom slaughtered animals, by a custom slaughterer, delivered by the owner thereof for such slaughter and the preparation by such slaughterer or custom processor of the carcasses, meat products or poultry products of such animals, exclusively for use, in the household of such owner, by him or her and members of his or her household and his or her nonpaying guests and employees: Provided, That the custom slaughterer or custom processor is not handling adulterated carcasses, meat products and poultry products; maintains identity of carcasses, meat products and poultry products; and maintains acceptable sanitation and operational controls as prescribed by reasonable rules promulgated by the commissioner;(3) Antemortem and postmortem inspection of a licensed custom slaughterer;(4) Any other operations which the commissioner may determine would best be exempted to further the purposes of this article, to the extent such exemptions conform to the federal Meat Inspection Act and the federal Poultry Products Inspection Act as amended from time to time and the regulations thereunder.(b) Any institution operated by the state requiring inspection under this article shall be exempt from the licensing fee as required by section four of said article.
WV Code § 19-2B-11 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 2B. Inspection of Meat and Poultry|§19-2B-11. Criminal Penalties; Civil Penalties

(a) Criminal penalties.(1) Any person who violates any of the provisions of this article is guilty of a misdemeanor and, upon conviction thereof, shall for the first offense be fined not less than two hundred nor more than $1,000 and upon conviction of each subsequent offense shall be fined not less than $400 nor more than $2,000.(2) If a person knowingly sells, offers for sale or distribution, or attempts to sell, offers for sale or distribution of a carcass, meat product or poultry product that is contaminated with pathogenic microorganisms or otherwise adulterated, the person is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $5,000 nor more than $10,000 upon conviction of each offense.(b) Civil penalties.(1) Any slaughterer, processor or distributor who violates any of the provisions of this article or regulations adopted hereunder may be assessed a civil penalty by the commissioner. In determining the amount of any civil penalty, the commissioner shall give due consideration to the history of previous violations; the seriousness of the violation, including any hazards to the health and safety of the public; and the demonstrated good faith efforts by the charged party to ensure that similar violations do not recur.(2) The commissioner may assess a penalty of not more than $500 for a first violation and not more than $1,000 for each subsequent violation.(3) The civil penalty is payable to the State of West Virginia and may be collected in any manner for collection of debt to the state. If a person assessed a civil penalty pursuant to this subsection neglects or refuses to pay, the amount of that penalty, together with interest calculated at ten percent per annum, may be filed as a lien in favor of the state upon any and all property of the person, both real and personal. The lien shall be recorded in the records kept in the office of the county clerk in the county wherein the violation occurred. The county clerk in the recording county shall enter the same to record without requiring payment of recording fees as a condition precedent to the recording. A notice of the lien shall be mailed or delivered to the person against whose property the lien has been placed. All penalties, together with any interest, collected by the state, pursuant to this subsection, shall be deposited in the General Revenue Fund.(4) Notwithstanding any other provision of the law to the contrary, the commissioner may enter into consent agreements or negotiated settlement agreements for the civil penalties assessed pursuant to this subsection.(5) No state court may allow the recovery of damages for administrative action taken by the commissioner if the court finds, as a matter of law, that there was probable cause for such action.
WV Code § 19-2B-12 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 2B. Inspection of Meat and Poultry|§19-2B-12. Severability

If any provision of this article or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the article which can be given effect without the invalid provision or application, and to this end the provisions of this article are declared to be severable.
WV Code § 19-2C-1 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 2C. Auctioneers|§19-2C-1. Definitions

For the purposes of this article:(a) "Absolute auction" means the sale of real or personal property at auction whereby every item offered from the block is sold to the highest bidder without reserve and without the requirements of a minimum bid or other conditions which limit the sale other than to the highest bidder.(b) "Auctioneer" means a person who sells goods or real estate at public auction for another on commission or for other compensation. (c) "Commissioner" means the Commissioner of Agriculture of West Virginia.(d) "Department" means the West Virginia Department of Agriculture.(e) "Escrow account" means a separate custodial or trust fund account maintained by the auctioneer.(f) "Estate auction" means the sale at auction of property of a specified deceased person or the property of a specified living persons estate. Estate auctions may contain property other than that of the specified living or deceased person. However, the inclusion of additional property must be included in all advertising and auction announcements.(g) "In this state" means that an auction satisfies one of the following criteria:(1) The auctioneer performed the auction within the borders of the State of West Virginia;(2) The auctioneer is selling items for a person located in the State of West Virginia;(3) The auctioneer is auctioning real or personal property located in the State of West Virginia;(4) The auctioneer delivers purchased property to a location in the State of West Virginia; or(5) The auctioneer is otherwise subject to the laws, including taxation authority, of the State of West Virginia.(h) "Public auction" or "auction" means any public sale of real or personal property in any manner, whether in-person, via written offers or bids, or online, when offers or bids are made by prospective purchasers and the property sold to the highest bidder.
WV Code § 19-2C-2 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 2C. Auctioneers|§19-2C-2. License Required; Exceptions

(a) Except as provided in subsection (b) of this section, no person shall conduct an auction as an auctioneer in this state unless he or she shall have first obtained from the commissioner a license therefor.(b) The provisions of this section do not apply to:(1) Persons conducting sales at auctions conducted by or under the direction of any public authority or pursuant to any judicial order or direction or to any sale required by law to be at auction;(2) The owner of any real or personal property when personally sold at auction by the owner and the owner has not personally conducted an auction within the previous 12-month period;(3) Persons conducting sales pursuant to a deed of trust;(4) Fiduciaries of estates when selling real or personal property of the estate; (5) Persons conducting sales without compensation on behalf of charitable, religious, fraternal, or other nonprofit organizations: Provided, That the commissioner shall promulgate rules to limit the number of charitable auctions an exempt person may perform in a 12-month period;(6) Persons properly licensed pursuant to the provisions in §30-40-1 et seq. of this code when conducting an auction, any portion of which contains any leasehold or any estate in land whether corporeal or incorporeal, freehold or nonfreehold, when the person is retained to conduct an auction by a receiver or trustee in bankruptcy, a fiduciary acting under the authority of a deed of trust or will, or a fiduciary of a decedents estate: Provided, That nothing contained in this article exempts persons conducting sales at public markets from the provisions of §19-2A-1 et seq. of this code, where the sale is confined solely to livestock, poultry, and other agriculture and horticulture products; and(7) Persons listing items online for sale via a platform that establishes a fixed time for the conclusion of the sale without extension: Provided, That the commissioner may further define this exemption in legislative rules.
WV Code § 19-2C-3 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 2C. Auctioneers|§19-2C-3. Procedure for License; Department of Agriculture as Statutory Agent for Licensees

(a) An applicant for an auctioneer license shall:(1) Apply on forms prescribed by the commissioner;(2) Pay a nonreturnable application fee and a license fee; and, upon successful completion of the application process, a license fee; and(3) File a bond as required by this article.(b) The commissioner shall, within 30 days after the receipt of an application, notify the applicant of his or her eligibility to be examined at the next regularly scheduled examination, as well as the date of the examination.(c) If the license is denied, the commissioner shall refund the license fee submitted with the application to the applicant.(d) All licenses expire on June 30 of each year: Provided, That an auctioneer may continue to perform auctions for up to 30 days after June 30, so long as he or she has submitted the required paperwork to renew his or her auctioneer license: Provided, however, That licenses issued in 2019 shall continue to be active through June 30, 2020. A license may be renewed upon the payment of the annual renewal fee within 60 days of the expiration date. Renewals received more than 60 days after the expiration date are subject to a late renewal fee in addition to the annual renewal fee.(e) A license that has been expired for more than two years cannot be renewed until the auctioneer or apprentice auctioneer takes the written and oral examination, pays the examination fee and complies with the other requirements of this article.(f) Where an auctioneer or apprentice auctioneer requires a duplicate or replacement license or a license reflecting a change in information, the auctioneer or apprentice auctioneer shall submit the fee with the request.(g) The State Department of Agriculture is the agent for the purpose of service of process on a licensed auctioneer for any action occasioned by the performance of the duties of the auctioneer. Every licensed auctioneer, by virtue of his or her application for a license, shall be considered to have consented to the statutory agency.
WV Code § 19-2C-3a (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 2C. Auctioneers|§19-2C-3a. Rulemaking

(a) The commissioner shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code, to:(1) Establish the license requirements for auctioneers and apprentice auctioneers, including the bond requirements;(2) Set a fee schedule;(3) Establish the renewal and expiration requirements for licenses;(4) Establish the continuing education requirements for licensees;(5) Establish waiver of examination requirements for apprentice auctioneers;(6) Permit consent agreements or negotiated settlements for the civil penalties; and(7) Implement the provisions of this article.(b) The fees in effect on January 1, 2014, shall remain in effect until modified by legislative rule.
WV Code § 19-2C-3b (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 2C. Auctioneers|§19-2C-3b. Special Revenue Fund

All fees collected under this article shall be paid into a special revenue fund in the State Treasury to be used by the Department of Agriculture for the purpose of administering and enforcing this article, and providing continuing education for auctioneers.
WV Code § 19-2C-4 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 2C. Auctioneers|§19-2C-4. Bond Required

Every person applying for a license as an auctioneer, apprentice auctioneer or continuing to act as a licensed auctioneer or apprentice auctioneer shall file with the commissioner and maintain in full effect a bond satisfactory to the commissioner and in form and amount as prescribed by the commissioner pursuant to the rules and regulations promulgated in accordance with this article: Provided, That in no event shall the amount of such bond be less than $10,000 for an auctioneer and in no event less than $5,000 for an apprentice auctioneer. The bond may include, at the option of the applicant, corporate surety bonding, collateral bonding (including costs and securities), establishment of an escrow account, an irrevocable letter of credit or a combination of these methods. If collateral bonding is used, the auctioneer may elect to deposit cash, or any of the following collateral securities or certificates: Bonds of the United States or its possessions, of the federal land bank, or of the homeowners' loan corporation; full faith and credit general obligation bonds of the State of West Virginia, or other states, and of any county, district, or municipality of the State of West Virginia or other states; or certificates of deposit in a bank in this state, which certificates shall be in the name of the department. The cash deposit or market value of such securities or certificates shall be equal to or greater than the sum of the bond. It shall be the duty of the applicant to ensure the market value of such bonds is sufficient. The commissioner shall, upon receipt of any such deposits of cash, securities or certificates, promptly place the same with the treasurer of the State of West Virginia whose duty it shall be to receive and hold the same in the name of the state in trust for the purpose for which the deposit is made when the license is issued. The applicant making the deposit shall be entitled from time to time to receive from the state Treasurer, upon written approval of the commissioner, the whole or any portion of any cash, securities or certificates so deposited, upon depositing with him in lieu thereof, cash or other securities or certificates of the classes herein specified having value equal to or greater than the sum of the bond. Such bond shall be conditioned upon the faithful compliance by the auctioneer with the provisions of this article and the payment of all required taxes, fees and penalties imposed by this state and its political subdivisions, as well as the payment by any auctioneer of any final judgment obtained for damages arising out of his conduct or duties as an auctioneer. Such bond shall be open to public inspection.
WV Code § 19-2C-5 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 2C. Auctioneers|§19-2C-5. Requirements for Auctioneer License; Duties of Licensee

(a) A person seeking an auctioneer license shall submit satisfactory evidence to the commissioner showing that he or she:(1) Has successfully completed the written and oral examinations required by this article;(2) Has a good reputation;(3) Is of trustworthy character;(4) Has met the apprenticeship requirements set forth in this article, if applicable;(5) Is a citizen of the United States; and(6) Has a general knowledge of the auctioneering profession and the principles involved in conducting an auction.(b) A licensee shall:(1) Promptly produce for inspection his or her license at all sales conducted by or participated in by the licensee when requested to do so by any person; and(2) Keep complete and accurate records of all transactions engaged in for a period of three years from the date on which the sale was completed.(c) For the purposes of this section, the term "record" includes, but is not limited to:(1) Copies of signed contracts, including the names of buyers and their addresses;(2) Clerk sheets showing items sold, including buyers numbers or names, and the selling prices; and(3) Final settlement papers.(d) The records of the auctioneer shall be open to inspection by the commissioner or his or her authorized representative.(e) A person who has an auctioneer license is considered to be a professional in his or her trade.
WV Code § 19-2C-5a (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 2C. Auctioneers|§19-2C-5a. Examinations of Applicants

(a) Examinations shall be held a minimum of two times each year, at a time and place to be designated by the commissioner or his or her authorized representative.(b) An individual auctioneer applicant may take the examination for auctioneer or apprentice auctioneer at the regularly scheduled time and place.(c) The apprentice auctioneers examination shall consist of a written examination.(d) The auctioneers examination shall consist of both a written and oral examination. The passing grade for any written or oral examination shall be 70 percent out of 100 percent. The oral portion will be scored by the commissioner or his or her authorized representative.(e) If the applicant fails either the written or oral portion of the examination, no license will be issued and he or she may not be administered the examination again until the next regularly scheduled examination date. (f) Only one notice of the examination will be mailed or emailed to the applicant at the address given on the application. If the applicant fails to appear for an examination, except as provided in this subsection, a new application and a new fee shall be required. No fee will be returned, except when the applicant fails to take the examination because of illness evidenced by a doctors certificate sent to the commissioner. If excused because of illness, the applicant shall be admitted to the next scheduled examination without paying an additional fee. No applicant may be excused from taking the scheduled examination for any reason other than illness, unless in the judgment of the commissioner the applicant would suffer undue hardship by not being excused. (g) An examination fee and any other fees required by this article, shall be collected from each person taking an examination. If the applicant has previously paid the examination fee and successfully completed the apprentice auctioneers examination, no additional examination fee will be required to take the auctioneers examination. (h) If the commissioner determines that an applicant does not qualify for a license, he or she shall notify the applicant by certified mail. The notice shall state:(1) The reason for the refusal to grant a license; and(2) The applicants right to appeal the commissioners decision within 20 days of receipt of the notice. (i) An examination is not required for the renewal of a license, unless the license has been revoked or suspended, or has expired. If the license was revoked or suspended, then the commissioner may require a person to take and pass a written or oral examination. If a license has been expired for more than two years and was not revoked or suspended, then the applicant is required to take and pass any written and oral examinations required by the commissioner.