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WV Code § 19-36-1 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 36. Agritourism Responsibility Act|§19-36-1. Legislative Purposes; Authority

Every year, in rapidly increasing numbers, residents and nonresidents of the State of West Virginia are enjoying the recreational value of the state’s many agritourism venues. The tourist trade is of vital importance to the State of West Virginia and the services offered by agritourism significantly contribute to the revenue enterprise and economic development of the state. The Legislature recognizes that there are inherent risks in the recreational activities provided by agritourism which should be understood by each participant. It is essentially impossible for agritourism to eliminate these risks. It is the purpose of this article to define those areas of responsibility and affirmative acts for which agritourism is liable for loss, damage, or injury.The Commissioner of Agriculture is hereby authorized to, and shall devise means of, advancing agritourism in the state, and in the performance of such duty, he or she shall have the authority to call upon any department, division, or officer of the state or county to cooperate with him or her in promoting agritourism in the state.The Commissioner of Agriculture, in consultation with the Secretary of Commerce, shall promulgate rules in accordance with chapter 29A of this code for the promotion, marketing, and regulation of agritourism business.
WV Code § 19-36-2 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 36. Agritourism Responsibility Act|§19-36-2. Definitions

Unless the context of usage clearly requires otherwise:“Agritourism” activity means any lawful activity carried out on a farm or ranch that allows members of the general public for recreational, entertainment, or educational purposes to view or enjoy rural activities.“Agritourism business” means any person, fiduciary, firm, association, partnership, limited liability company, corporation, unit of government, or any other group or entity which is engaged in the business of providing one or more agritourism activities, whether or not for compensation.“Agritourism professional” means owners, operators, employees, and volunteers working for or under the direction of the operators of an agritourism business.“Farm” or “ranch” means an area of land used for the production, cultivation, growing, harvesting, or processing of agricultural products.“Inherent risks of agritourism activity” are those dangers or conditions that are part of an agritourism activity including certain hazards, natural conditions of land and terrain, vegetation, and waters, the behavior of wild or domestic animals, and ordinary dangers of structures or equipment ordinarily used in farming and ranching operations. Inherent risks of agritourism activity also include the potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, including failing to follow instructions given by the agritourism professional or failing to exercise reasonable caution while engaging in the agritourism activity.“Participant” as used in this article means any person, other than the agritourism professional, who engages in an agritourism activity.
WV Code § 19-36-3 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 36. Agritourism Responsibility Act|§19-36-3. Duties of Agritourism Businesses and Participants

(a) An agritourism business, or agritourism business employee or volunteer acting under the direction of the agritourism business operator, is not liable for injury or death of a participant, or loss or damage to a participant’s property, as the result of the inherent risks of agritourism activities if such agritourism business has posted the notice in substantially the form as is provided in §19-36-4(b) of this code.(b) The provisions of §19-36-3(a) of this code shall not prevent or in any way limit the liability of an agritourism business that does any of the following:(1) Commits an act or omission that constitutes gross negligence or willful or wanton disregard for the health and safety of the participant which proximately causes injury, death, loss, or damage to the participant; or(2) Commits an intentional act or omission which proximately causes injury, death, loss, or damage to the participant.(c) Any limitation on legal liability afforded by this section to an agritourism business is in addition to any other limitations of legal liability otherwise provided by law.(d) Participants have a duty to act as a reasonably prudent person when engaging in recreational activities offered by agritourism businesses in this state.
WV Code § 19-36-4 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 36. Agritourism Responsibility Act|§19-36-4. Liability of Agritourism Businesses

(a) To qualify for the limitation on liability afforded by §19-36-3 of this code, an agritourism business shall post and maintain signs that contain the notice specified in §19-36-4(b) of this code. The sign must be placed in a clearly visible location at the entrance to the agritourism location and at the site of the agritourism activity. The notice must be clearly legible, with each letter to be a minimum of one inch in height. Every written contract entered into by an agritourism professional for the providing of professional services, instruction, or the rental of equipment to a participant, whether or not the contract involves agritourism activities on or off the location or at the site of the agritourism activity, must contain in clearly legible print the notice specified in §19-36-4(b) of this code.(b) The signs and contracts described in §19-36-4(a) of this code must contain the following notice:NOTICEUnder West Virginia law, there may be limited liability for an injury to or death of a participant in an agritourism activity conducted at this agritourism business if the injury or death results from the inherent risks of the agritourism activity. Inherent risks of agritourism activities include, among others, risks of injury inherent to landscape, terrain, equipment, and animals, as well as the potential for you to act in a negligent manner that may contribute to your injury or death. You are assuming the risk of participating in this agritourism activity.(c) Failure to comply with the requirements concerning notices provided in this section will prevent an agritourism business from invoking the privileges of immunity provided by this article.
WV Code § 19-36-5 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 36. Agritourism Responsibility Act|§19-36-5. Maintenance of Property Status for Certain Purposes; Exceptions

(a) Notwithstanding any provision of this code to the contrary, the occurrence of agritourism does not change the nature or use of property that otherwise qualifies as agricultural for building code and property tax classification purposes.(b) An agritourism business may use certain of its facilities for occasional events without complying with building codes applicable to structures used for such purposes on a full-time basis as long as such facilities are deemed structurally sound and otherwise safe for the intended use.
WV Code § 19-37-1 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 37. West Virginia Fresh Food Act|§19-37-1. Legislative Findings and Purpose

(a) According to the West Virginia Farm Bureau state schools alone currently purchase $100 million of food from out-of-state sources.(b) Locally grown food is healthier and more beneficial to the environment than food imported from other states and other countries.(c) This article will:(1) Stimulate the agricultural economy of the state, especially in its economically depressed areas, and allow small farmers to expand operations as well as act as an incentive to new people to begin farming;(2) Encourage state-funded institutions to begin growing their own produce, thus enabling people to learn and practice agricultural techniques, as well as lowering operational costs of those institutions; and(3) Spur self-sufficiency and economic independence of those who learn and engage in agricultural activities.
WV Code § 19-37-2 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 37. West Virginia Fresh Food Act|§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 not limited to, schools, colleges, correctional facilities, governmental agencies, and state parks, shall obtain a minimum of five percent of its food from in-state producers. (b) To satisfy this requirement, state-funded institutions may purchase, either directly or indirectly fresh produce, meat and poultry products, milk and other dairy products, and other foods grown, produced, or processed by in-state producers.(c) The commissioner shall establish by legislative rules the criteria for a food or food product to satisfy the requirements of this section, and may further identify food and food products that are eligible to be considered for in-state food credit. (d) The commissioner shall further establish the criteria for determining when exceptions or exemptions should be granted to state institutions, including, but not limited to, situations in which the desired food, such as produce, meat and poultry products, milk and other dairy products, cannot be grown or is not available from in-state producers.(e) The state-funded institution shall ensure that all contracts for the purchase of food, or that include the purchase of food as a component of the contract, contain provisions to ensure that the institution complies with the provisions of this article and any legislative rule promulgated pursuant thereto.
WV Code § 19-37-3 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 37. West Virginia Fresh Food Act|§19-37-3. Rule-Making Authority and Enforcement

The Commissioner of Agriculture shall be charged with the enforcement of this article and shall have authority to make and enforce rules and regulations for the administration of this article.
WV Code § 19-38-1 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 38. Agriculture Investment Program|§19-38-1. Legislative Findings and Purpose

(a) The Legislature finds that:(1) It is an important public policy to attract new and expand existing agricultural businesses and value-added facilities producing or further developing the availability of locally grown food and locally produced products. (2) Agriculture-based businesses are necessary for diversifying the states economy. (3) Because of the unique nature of these businesses, agriculture-based businesses struggle to obtain appropriate capital for development or expansion and require unique tools and guidance to navigate the hurdles associated with establishment and growth. (b) Therefore, the Legislature hereby creates the West Virginia Agriculture Investment Program to accomplish these important public policy goals.
WV Code § 19-38-2 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 38. Agriculture Investment Program|§19-38-2. Definitions

(a) "Commissioner" means the Commissioner of Agriculture, or his or her designee.(b) "Department" means the West Virginia Department of Agriculture.(c) "Fund" means the Agriculture Investment Fund created by this article.(d) "Program" means the West Virginia Agriculture Investment Program created by this article.
WV Code § 19-38-3 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 38. Agriculture Investment Program|§19-38-3. Agriculture Investment Fund Created

(a) There is hereby created in the State Treasury a special revenue account to be known as the West Virginia Agriculture Investment Fund. The fund shall be administered by the Department of Agriculture. The fund shall consist of all moneys that may be appropriated and designated for the fund by the Legislature, and all interest or other return earned from investment of the fund. The fund may receive any appropriations, gifts, grants, contributions, or other money from any source that is designated for deposit into the fund.(b) Expenditures from the fund shall be for the purposes set forth in this article and are not authorized from collections but are to be made only in accordance with appropriation by the Legislature and in accordance with the provisions of 12-3-1 et seq. of this code and upon fulfillment of the provisions of 11B-2-1 et seq. of this code. Any balance, including accrued interest and other returns, remaining in the fund at the end of each fiscal year shall not revert to the General Revenue Fund, but shall remain in the fund and be expended as provided by this section.
WV Code § 19-38-4 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 38. Agriculture Investment Program|§19-38-4. West Virginia Agriculture Investment Program

(a) The West Virginia Agriculture Investment Program is hereby authorized. The purpose of this program is to attract and support new and expanding agriculture businesses and facilities producing or further developing products made, grown, or processed in West Virginia.(b) The program shall be administered by the commissioner or his or her designee.(c) Moneys may be awarded by the commissioner from the fund as either grants or loans.(d) The criteria for awarding such grants or loans shall include, but are not limited to:(1) The number of direct and indirect jobs expected to be created;(2) The anticipated amount of private capital investment;(3) The anticipated additional state tax revenue expected to accrue to the state and affected localities as a result of the capital investment and jobs created;(4) The anticipated amount of West Virginia-grown, processed, or produced agricultural products utilized or promoted by the project; and(5) The projected impact on agricultural producers.(e) The commissioner may establish a committee to assist in the administration of the program. Members of the committee shall receive no compensation for their service on the committee but shall be entitled to receive reimbursement for expenses in accordance with the Department of Agriculture travel regulations.
WV Code § 19-38-5 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 38. Agriculture Investment Program|§19-38-5. Legislative Rules

The commissioner shall propose rules for legislative approval in accordance with 29A-3-1 et seq. of this code. Those rules shall, at a minimum:(1) Identify the types of individuals and entities that are eligible for grants or loans from the program;(2) Provide for the selection of members of any committee established by the commissioner to assist in administration of the program;(3) Establish criteria for making grants or loans: Provided, That the commissioner shall consult with the Department of Commerce before proposing such criteria;(4) Establish procedures and requirements for grant or loan applications; and(5) Establish the administration, record-keeping, and reporting requirements for entities that receive grants or loans from the program.
WV Code § 20-1-1 (2021)
2021 West Virginia Code|Chapter 20. Natural Resources|Article 1. Organization and Administration|§20-1-1. Purposes and Objects of Chapter; How Chapter Cited

This chapter is enacted to provide a comprehensive program for the exploration, conservation, development, protection, enjoyment and use of the natural resources of the State of West Virginia and may be cited as the state Natural Resources Law.
WV Code § 20-1-3 (2021)
2021 West Virginia Code|Chapter 20. Natural Resources|Article 1. Organization and Administration|§20-1-3. Division of Natural Resources, Office of Director and Commission Established

A Division of Natural Resources, the office of director of the Division of Natural Resources and a natural resources commission are hereby created and established in the state government with jurisdiction, powers, functions, services and enforcement processes as provided in this chapter and elsewhere by law.
WV Code § 20-1-4 (2021)
2021 West Virginia Code|Chapter 20. Natural Resources|Article 1. Organization and Administration|§20-1-4. Director to Be Chief Executive Officer; Appointment, Term and Qualifications; Vacancy; Removal

The director shall be the chief executive officer of the department. Subject to provisions of law, he shall organize the department into such offices, divisions, agencies and other units of activity as may be found by him necessary and desirable in the orderly, efficient and economical administration of the department for the accomplishment of its objects and purposes.The director shall be appointed by the Governor, by and with the advice and consent of the Senate, and shall continue to serve until his successor is appointed and qualified as provided. On or before July 1, 1961, the Governor shall appoint the director for a term ending on December 31, 1962. Upon the expiration of such term, the Governor shall appoint the director for a term of four years commencing on January 1, 1963, and, upon the expiration thereof, for successive terms of four years each next thereafter. A vacancy occurring in the office during any term thereof shall be filled by appointment as herein provided for the remainder of such term.The director may be removed from office by the Governor for cause as provided in the Constitution. At the time of his initial appointment, he shall be at least thirty years old and shall be selected with special reference and consideration given to his training, experience, capacity and interest in the natural resources program as herein embraced. He shall not be a candidate for or hold any other public office, shall not be a member of any political party committee, and shall immediately forfeit and vacate his office as director in the event he becomes a candidate for or accepts appointment to any other public office or political party committee.
WV Code § 20-1-5 (2021)
2021 West Virginia Code|Chapter 20. Natural Resources|Article 1. Organization and Administration|§20-1-5. Salary, Expenses, Oath and Bond of Director

The director shall receive an annual salary as provided in section two-a, article seven, chapter six of this code, payable at least twice per month and shall be allowed and paid necessary expenses incident to the performance of his or her official duties. Prior to the assumption of the duties of his or her office, he or she shall take and subscribe to the oath required of public officers by the Constitution of West Virginia and shall execute a bond, with surety approved by the Governor, in the penal sum of $10,000, which executed oath and bond shall be filed in the office of the Secretary of State. Premiums on the bond shall be paid from division funds.
WV Code § 20-1-6 (2021)
2021 West Virginia Code|Chapter 20. Natural Resources|Article 1. Organization and Administration|§20-1-6. Offices and Office Hours

The director shall arrange with the General Services Division of the department of finance and administration for adequate office space, accommodations and facilities for the department of natural resources in the State Capitol offices. The department of finance and administration shall make such office accommodations and facilities available and shall provide for orderly servicing and maintenance thereof. The offices of the director and of the department shall be opened and staffed for business transactions and services during regular hours.
WV Code § 20-1-8 (2021)
2021 West Virginia Code|Chapter 20. Natural Resources|Article 1. Organization and Administration|§20-1-8. Personnel Management

A merit system of personnel management shall be established and maintained for all personnel of the department in order to ensure and provide for impartial selection of competent and qualified personnel and to accord to all department employees rights of tenure and advancement during satisfactory discharge of their duties.In lieu of establishment of a merit system of personnel management for the department, the director may resort to and rely upon the civil service commission and civil service system for personnel and personnel services of the department.The director may select a personal secretary and two deputy directors of the department to serve at the director's will and pleasure. The director shall fix the compensation of the secretary and the two deputy directors and shall prescribe their duties and responsibilities. The director, the secretary and the two deputy directors shall not have and enjoy merit system status, as herein provided, but any deputy director, when selected from department personnel ranks, shall retain and be accorded all of the rights of his merit system status regardless of his selection and tenure as deputy director.The director shall select and designate a competent and qualified person as department personnel officer who shall be responsible for personnel management, personnel records and general personnel services. The personnel officer, under supervision of the director and subject to merit system rules, regulations and requirements, shall prescribe qualifications, classifications and salary scales for department personnel. He shall furnish to the director information and data relating to qualified personnel available for the various offices, positions and places of employment and may make recommendations concerning the selection, retention and advancement of personnel of the department.
WV Code § 20-1-9 (2021)
2021 West Virginia Code|Chapter 20. Natural Resources|Article 1. Organization and Administration|§20-1-9. Fiscal Management

Subject to any controlling rules and regulations of the department of finance and administration relating to state fiscal management policies and practices, the director shall establish in the department an adequate budget, finance and accounting system which will currently and accurately reflect the fiscal operations and conditions of the department at all times. The department's accounting and auditing services shall be on a fiscal-year basis.The director shall select and designate a competent and qualified person as department fiscal officer who, under the supervision of the director, shall be responsible for all budget, finance and accounting services of the department. All moneys received by the department shall be recorded and shall be paid as special revenue to the department of natural resources, as provided in subdivision (i), section two, article two, chapter twelve of this code, except in cases wherein certain receipts of the department are by specific provisions of this chapter required to be paid into some special fund or funds.