reglab/housing_qa huggingface dataset:
WV Code § 19-13-6 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 13. Inspection and Protection of Agriculture|§19-13-6. Abandoned Apiaries and Equipment; Notice

It shall be unlawful for a person to knowingly maintain an abandoned apiary or bee equipment. When the commissioner determines that an apiary or bee equipment has been abandoned, he or she shall notify, in writing, the owner or operator that the apiary or bee equipment has been declared abandoned. The owner or operator has thirty days from the date of notice to enclose, dispose of or destroy the abandoned apiary or bee equipment in a manner approved by the commissioner. If the owner or operator of the abandoned apiary or bee equipment cannot be located after reasonable inquiry, notice shall be provided to the owner of the real property on which the apiary or bee equipment is located. If the apiary or bee equipment continues to be abandoned for a period of thirty days thereafter, the commissioner may seize the apiary or bee equipment and take such action as is necessary to dispose of or to destroy the apiary or bee equipment as conditions warrant.
WV Code § 19-13-7 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 13. Inspection and Protection of Agriculture|§19-13-7. Bees Brought Into State to Carry Inspection Certificate; Commissioner to Be Notified; Interstate Movement of Bees

(a) It shall be unlawful for any person to transport bees, used bee equipment or used appliances into West Virginia, unless accompanied by a certificate of inspection signed by an authorized state or federal inspection official verifying the actual inspection of the bees, used bee equipment or used appliances within thirty days preceding the date of shipment and certifying the absence of honey bee pests.(b) Prior to the movement of any bees, used bee equipment or used appliances into West Virginia, and as a prerequisite to the issuance of a permit of entry, the commissioner shall be furnished by the owner, transporter, or operator the following:(1) The exact location or destination of the bees, used bee equipment or used appliances.(2) Name and address of the owner of the property where the bees, used bee equipment or used appliances will be located.(3) The exact number of colonies or amount of used bee equipment or used appliances in the shipment.(4) A copy of the inspection certificate issued by the state or federal inspector.The commissioner shall issue a temporary or permanent permit of entry. A temporary permit may not exceed sixty days.If the commissioner denies the request for an entry permit, he or she shall notify the owner, operator or transporter of the denial and the reasons therefor.
WV Code § 19-13-9 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 13. Inspection and Protection of Agriculture|§19-13-9. Candy for Mailing Cages

Any person who engages in the shipping of bees in combless packages in this state shall, in manufacturing candy for mailing cages, sterilize the same or use candy that does not contain honey.
WV Code § 19-13-11 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 13. Inspection and Protection of Agriculture|§19-13-11. Penalties for Violations of Article; Rules

(a)(1) Criminal penalties. -- Any person violating any provision of this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100 nor more than $500 for the first offense, and for each subsequent offense, shall be fined not less than $500 nor more than $1,000, or imprisoned in the county or regional jail not more than six months, or both. Magistrates have concurrent jurisdiction with circuit courts to enforce the provisions of this article.(2) It shall be the duty of the prosecuting attorney of the county in which the violation occurred to represent the Department of Agriculture, to institute proceedings, and to prosecute the person charged with such violation.(b) Civil penalties. --(1) Any person violating the provisions of this article or rule promulgated pursuant to this article 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 violation of any persons, the seriousness of the violation, including any hazards to agriculture in West Virginia and the demonstrated good faith of any person charged in attempting to achieve compliance with this article after written notification of the violation.(2) The commissioner may assess a penalty of not more than $100 for the first offense or less serious violation, as determined by the commissioner in accordance with the rules approved in accordance with the provisions of chapter twenty-nine-a of this code, and not more than $1,000 for a serious, repeat or intentional violation, as determined by the commissioner in accordance with the approved rules.(3) The commissioner may negotiate and enter into a settlement agreement for the payment of civil penalties.(4) The civil penalty is payable to the State of West Virginia and is collectable in any manner authorized by law for the collection of debts. Any person liable to pay a civil penalty and neglecting or refusing to pay it within thirty days of written notice of demand for payment, shall be assessed interest at the rate of ten percent per year from the date the penalty was assessed to the date of payment. The penalty and interest constitute a lien in favor of the State of West Virginia and shall attach on the person's property when a lien is properly recorded in the county wherein the property is situated. There shall be no cost as a condition precedent to recording.(5) The commissioner shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code to establish procedures for the assessment and collection of civil penalties as provided in this section.(6) No state court may allow the recovery of damages for administrative action taken if the court finds that there was probable cause for such action.
WV Code § 19-13-12 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 13. Inspection and Protection of Agriculture|§19-13-12. Severability

If any provision of this article or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this article which can be given effect without the invalid provision or application, and to this end the provisions of the article are declared severable.
WV Code § 19-14-1 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 14. West Virginia Commercial Feed Law|§19-14-1. Title

This article shall be known as the "West Virginia Commercial Feed Law."
WV Code § 19-14-3 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 14. West Virginia Commercial Feed Law|§19-14-3. Powers and Duties of the Commissioner

The commissioner has the power and authority to:(1) Enter and inspect, during reasonable hours, any location where commercial feed is manufactured, distributed, transported, or used, and where records relating to the manufacture, distribution, shipment, labeling, or sale of commercial feed are kept. Such inspection may include, but is not limited to, examining, photographing, verifying, copying, and auditing records as necessary to determine compliance with this article; and reviewing labels, consumer complaints, and papers relating to the manufacturing, distribution, sampling, testing, and sale of commercial feeds.(2) Open, examine, sample, and test commercial feed, unmixed or unprocessed whole seeds, equipment, containers, transport containers, and packages used or intended to be used in the manufacture and distribution of commercial feeds.(3) Issue permits and registrations pursuant to this article.(4) Refuse, suspend, or revoke permits and registrations as provided in this article.(5) Issue embargoes as provided in this article.(6) Condemn and confiscate any product that is not brought into compliance with this article.(7) Collect fees and penalties, and expend moneys under the terms of this article.(8) Conduct sampling in accordance with the official methods published in the current edition of the Official Methods of Analysis of the Association of Official Analytical Chemists and supplements thereto, or other methods approved by the commissioner by rules.(9) Conduct hearings as provided by this article.(10) Assess civil penalties and refer violations to a court of competent jurisdiction.(11) Obtain court orders directing any person refusing to submit to inspection, sampling, and auditing to submit.(12) Establish and maintain feed testing facilities; establish reasonable fees for such tests; incur expenses; and conduct tests in accordance with the official methods published in the current edition of the Official Methods of Analysis of the Association of Official Analytical Chemists and supplements thereto, or other methods approved by the commissioner by rules.(13) Be guided by the analytical results of the official sample when determining whether the commercial feed is deficient in any component.(14) Report the analytical results on all official samples to the guarantor and, in the case of deficient samples, also to the dealer and the purchaser, if known.(15) Upon request made within 30 days from the date the official sample results are reported, furnish a portion of the official sample to the guarantor.(16) Cooperate with and enter into agreements with governmental agencies of this state and other states, agencies of the federal government and foreign governments, and private associations to carry out the purpose and provisions of this article.(17) Promulgate rules, in accordance with 29A-3-1 et seq. of this code, dealing with commercial feeds and enforcement of this article.
WV Code § 19-14-4 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 14. West Virginia Commercial Feed Law|§19-14-4. Special Revenue Fund

Except as otherwise provided in this article, all fees and penalties collected under the provisions of this article shall be deposited with the state Treasurer in a special revenue account. Such moneys shall be expended by the commissioner of agriculture for inspection, sampling, analysis, and other expenses necessary for the administration of this article.
WV Code § 19-14-6 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 14. West Virginia Commercial Feed Law|§19-14-6. Refusal of Applications; Suspension and Revocation of Registrations and Permits

The commissioner may refuse to grant, or may suspend or revoke any Commercial Feed Manufacturing Permit; any Commercial Feed Guarantor Permit; any Commercial Feed Distributor Permit; or the registration of any Pet Food or Specialty Pet Food when it is determined that: (1) The applicant, permittee, or guarantor has violated the provisions of this article or any official rule promulgated hereunder; or (2) this article or the rules promulgated hereunder cannot be or will not be complied with: Provided, That the permittee or guarantor shall have the opportunity to be heard prior to the suspension or revocation of the registration or permit.
WV Code § 19-14-7 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 14. West Virginia Commercial Feed Law|§19-14-7. Hearings and Appeals

(a) No application shall be refused until the applicant has the opportunity to amend his/her application to comply with the requirements of this article.(b) No registration or permit shall be refused, suspended, or revoked until the guarantor or permittee shall have the opportunity to have a hearing before the commissioner.(c) Any person adversely affected by an act, order, or ruling made pursuant to the provisions of this article, may bring an action for judicial review in the circuit court of the county in which the violation occurred in accordance with 29A-5-1 et seq. of this code.
WV Code § 19-14-9 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 14. West Virginia Commercial Feed Law|§19-14-9. Tonnage Reports; Inspection Fees

(a) Each person holding a Commercial Feed Manufacturing Permit or a Commercial Feed Guarantor Permit, except those persons exclusively manufacturing pet food or specialty pet food, shall report the number of tons of commercial feed distributed and pay an inspection fee on all feed distributed, except no inspection fee shall be due on:(1) Commercial feed, if the payment was previously made by a distributor, manufacturer, or guarantor.(2) Customer-formula feeds or commercial feeds manufactured in this state, if the inspection fee was paid on the commercial feed or all the feed ingredients used as ingredients therein. For the purpose of this exemption, the sale of the feed ingredients used in customer-formula feeds are considered to have taken place before the processing of these items.(3) Commercial feeds which are subsequently used as ingredients in the continuing manufacture of commercial feeds in which the end product is registered.(4) Commercial feed supplied to a poultry contract feeder.(5) Pet food or specialty pet food.(b) An annual fee for commercial feed which does not meet the minimum inspection fee shall be paid in lieu of the inspection fee as established by legislative rule.(c) Each person holding a Commercial Feed Manufacturing Permit or a Commercial Feed Guarantor Permit, except those persons exclusively distributing or manufacturing pet food or specialty pet food, shall file a semiannual statement under oath before January 31 and July 31 of each year. The statement shall include the number of net tons of commercial feeds and feed ingredients manufactured or distributed in this state during the preceding six-month period.(d) Each report shall be accompanied by an inspection fee at the rate established by legislative rule, including a minimum inspection fee, on commercial feed and feed ingredients.Inspection fees which are due and payable and not remitted to the commissioner within 15 days following the due date shall be assessed a penalty of 10 percent of the amount due, except that semiannual reports with no fees due received 15 days after the due date shall be assessed a penalty in an amount established by legislative rule. The assessment of this penalty fee shall not prevent the commissioner from taking other actions as provided in this chapter.(e) All persons must keep accurate records, as may be necessary or required by the commissioner, to indicate the tonnage of commercial feed distributed in this state. The commissioner shall have the right to examine such records.
WV Code § 19-14-11 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 14. West Virginia Commercial Feed Law|§19-14-11. Misbranding

Commercial feed shall be deemed to be misbranded:(1) If its label or labeling is false or misleading;(2) If it is not labeled as required by this article;(3) If any word, statement, or other information required by this article to appear on the label is not prominently and conspicuously placed so that it can be read and understood by the ordinary individual under customary conditions of purchase and use;(4) If it purports to be or is represented as a commercial feed, or if it purports to contain or is represented as containing a commercial feed ingredient that does not conform to the definition of identity prescribed by the commissioner by rules; (5) If any damage or inferiority has been concealed; or (6) If it is distributed under the name of another commercial feed.
WV Code § 19-14-12 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 14. West Virginia Commercial Feed Law|§19-14-12. Embargoes; Condemnation and Confiscation; Injunctions

(a) Embargo orders. (1) When the commissioner has reasonable cause to believe any lot of commercial feed is being manufactured, distributed, offered for sale, exposed for sale, or used in this state in violation of the provisions of this article or any rule promulgated hereunder, then he or she may issue and enforce a written embargo order, warning the custodian of the commercial feed not to manufacture, distribute, use, remove, or dispose of the commercial feed lot in any manner until the embargo is released by the commissioner or by court order.(2) When the embargo is issued, the commissioner shall affix a tag or other marking to the commercial feed and/or to the manufacturing device warning that such product or process is under embargo and notify the custodian that he or she has a right to request an immediate hearing.(3) The commissioner shall release the commercial feed lot so embargoed when said commercial feed has been brought into compliance with this article and its rules.(4) The commissioner shall have the authority to issue an embargo against a perishable product, even if the result is the involuntary disposal of the product.(5) The commissioner may take action to seize and condemn any product if not brought into compliance with this article and the rules issued hereunder, within 90 days of the notice to the custodian.(b) Condemnation and confiscation. (1) Any commercial feed not in compliance with the provisions of this article or the rules promulgated hereunder shall be subject to condemnation and confiscation on complaint of the commissioner to the circuit court of the county in which the commercial feed in question is located. Jurisdiction is hereby conferred upon the circuit courts to hear and determine such matter.(2) If the court finds that the commercial feed is in violation of the provisions of this article or its rules and should be confiscated, then the court shall order the condemnation and confiscation of such commercial feed and its disposition in a manner consistent with the quality of such commercial feed which is not in violation of any other laws of this state: Provided, That the owner thereof must first be given an opportunity to process or relabel such commercial feed or dispose of the same in full compliance with the provisions of this article and its rules.(c) Injunctions. Upon application by the commissioner, the circuit court of the county in which the violation is occurring, has occurred, or is about to occur, may grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this article or any rule promulgated hereunder. An injunction shall be issued without bond.
WV Code § 19-14-13 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 14. West Virginia Commercial Feed Law|§19-14-13. Confidentiality of Trade Secrets

The commissioner may not make public any information which contains or relates to trade secrets, acquired under the authority of this article, concerning any methods, formulas, processes, sales, or distribution information: Provided, That the commissioner may exchange information of a regulatory nature with duly appointed officials of the United States Government, of other states, or of other foreign governments who are similarly prohibited by law from revealing this information.
WV Code § 19-14-14 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 14. West Virginia Commercial Feed Law|§19-14-14. Prohibited Acts

It shall be unlawful:(a) To manufacture or distribute any commercial feed that is adulterated or misbranded.(b) To adulterate or misbrand any commercial feed.(c) To distribute, use, remove, or dispose of commercial feed in violation of an embargo order, or condemnation and confiscation order provided for under this article.(d) To manufacture, distribute, or use any commercial feed containing a drug or drugs that cause or may cause residue of the drug or drugs in the edible tissues, milk, or eggs of the animals fed such feed in excess of the acceptable residue levels set by the commissioner by rules.(e) To fail or refuse to register pet foods or specialty pet foods.(f) To fail or refuse to obtain permits required under this article.(g) To fail to make an accurate statement of tonnage.(h) To fail to pay inspection fees as required under this article.(i) To distribute or knowingly use any commercial feed that has not had an accurate statement of tonnage reported to the commissioner in the previous reporting period.(j) To use or imply the name West Virginia Department of Agriculture, or reference any inspection or sample findings made by the West Virginia Department of Agriculture on labels or labeling of commercial feed.(k) To interfere with the commissioners official duties.(l) To distribute raw milk for use as commercial feed for any species, unless:(1) It has been decharacterized using a sufficient quantity of food coloring as designated by the commissioner;(2) It has been decharacterized using food coloring approved by the U.S. Food and Drug Administration, or in the case of raw milk labeled as organic, approved by the U.S. Department of Agriculture;(3) It has been decharacterized and the nutritive value of the milk has not been adversely affected by the decharacterization;(4) The packaging of the raw milk does not resemble that used for the packaging of milk for human consumption;(5) It is not stored at retail with, or in the vicinity of, milk or milk products intended for human consumption; and (6) It does not otherwise violate this section.