reglab/housing_qa huggingface dataset:
WV Code § 19-4-17 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 4. Cooperative Associations|§19-4-17. Remedies for Breach of Contract

The bylaws or the marketing contract may fix, as liquidated damages, specific sums to be paid by the member or stockholder to the association upon the breach by him of any provision of the marketing contract regarding the sale or delivery or withholding of products, and may further provide that the member will pay all costs, premiums for bonds, expenses and fees, in case the association shall prevail in any action brought by it upon the contract; and any such provisions shall be valid and enforceable in the courts of this state; and such clauses providing for liquidated damages shall be enforceable as such and shall not be regarded as penalties.In the event of any such breach or threatened breach of such marketing contract by a member, the association shall be entitled to an injunction to prevent the further breach of the contract and to a decree of specific performance thereof. Pending the adjudication of such an action and upon filing a verified complaint showing the breach or threatened breach, and upon filing a sufficient bond, the association may be entitled to a temporary restraining order and preliminary injunction against the member.In any action upon such marketing agreement, it shall be presumed as between the parties that the landowner, landlord or lessor claiming therein so to be is able to control the delivery of products produced on his land by tenants or others, whose tenancy or possession or work on such land or the terms of whose tenancy or possession or labor thereon were created or changed after execution by the landowner, landlord or lessor of such marketing agreement; and in such actions the foregoing remedies for nondelivery or breach shall lie and be enforceable against such landowner, landlord or lessor.
WV Code § 19-4-18 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 4. Cooperative Associations|§19-4-18. Purchasing Property of Other Associations, Persons, Firms or Corporations

Whenever an association, organized under this article with preferred capital stock, shall purchase the stock of any property, or any interest in any property, or any person, firm or corporation or association, it may discharge the obligations so incurred, wholly or in part, by exchanging for the acquired interest shares of its preferred capital stock to an amount which at par value would equal the fair market value of the stock or interest so purchased, as determined by the board of directors. In that case the transfer to the association of the stock or interest purchased shall be equivalent to payment in cash for the shares of stock issued.
WV Code § 19-4-19 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 4. Cooperative Associations|§19-4-19. Annual Reports

Each association formed under this article shall prepare an annual report on forms provided by and filed with the Secretary of State pursuant to the requirements of section two-a, article one, chapter fifty-nine of this code.
WV Code § 19-4-20 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 4. Cooperative Associations|§19-4-20. Conflicting Laws Not to Apply; Exemptions

Any provisions of law which are in conflict with this article shall be construed as not applying to the association herein provided for.Any exemptions whatsoever under any and all existing laws applying to agricultural products in the possession or under the control of the individual producer shall apply similarly and completely to such products delivered by its former members, in the possession or under the control of the association.
WV Code § 19-4-21 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 4. Cooperative Associations|§19-4-21. Use of Term "cooperative."

(a) A cooperative association formed pursuant to this article shall include the words "cooperative", "co-operative" or "co-op" in the name, and the words or abbreviations designating a corporation. (b) A farmers' marketing association for the sale of farm products is prohibited from using the terms identified in subsection (a) of this section as part of its corporate or other business name or title, unless it has complied with this article.
WV Code § 19-4-22 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 4. Cooperative Associations|§19-4-22. Interest in Other Corporations or Associations; Warehouse Receipts as Collateral

(a) An association may organize, form, operate, own, control, have an interest in, own stock of, or be a member of any other corporation or corporations, with or without capital stock, and engaged in qualified activities regarding the agricultural products, goods and services handled by the association, or the by-products thereof.(b) If such corporations are warehousing corporations, they may issue legal warehouse receipts to the association against the commodities, goods and services delivered by it, or to any other person, and such legal warehouse receipts shall be considered as adequate collateral to the extent of the usual and current value of the commodity represented thereby. In case such warehouse is licensed or licensed and bonded under the laws of this or any other state or the United States, its warehouse receipt delivered to the association on commodities of the association or its members, or delivered by the association or its members, shall not be challenged or discriminated against because of ownership or control, wholly or in part, by the association.
WV Code § 19-4-23 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 4. Cooperative Associations|§19-4-23. Contracts and Agreements With Other Associations

Any association may, upon resolution adopted by its board of directors, enter into all necessary and proper contracts and agreements and make all necessary and proper stipulations, agreements and contracts and arrangements with any other cooperative corporation, association or associations, formed in this or in any other state, for the cooperative and more economical carrying on of its business or any part or parts thereof. Any two or more associations may, by agreement between them, unite in employing and using, or may separately employ and use, the same personnel, methods, means and agencies for carrying on and conducting their respective business.
WV Code § 19-4-24 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 4. Cooperative Associations|§19-4-24. Rights and Remedies Apply to Similar Associations of Other States

Any corporation or association heretofore or hereafter organized under generally similar laws of another state shall be allowed to carry on any proper activities, operations and functions in this state upon compliance with the general regulations applicable to foreign corporations desiring to do business in this state, and all contracts made by or with such associations, which could be made by any association incorporated hereunder, shall be legal and valid and enforceable in this state with all of the remedies set forth in this article.
WV Code § 19-4-25 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 4. Cooperative Associations|§19-4-25. Associations Heretofore Organized May Adopt Provisions of Article

Any corporation or association organized in this state under previously existing statutes may, by a majority vote of its stockholders or members, be brought under the provisions of this article by limiting its membership and adopting the other restrictions as provided herein. It shall make out in duplicate a statement signed and sworn to by its directors to the effect that the corporation or association has, by a majority vote of the stockholders or members, decided to accept the benefits and be bound by the provisions of this article and has authorized all changes accordingly. Articles of incorporation shall be filed as required in section six, except that they shall be signed by the members of the then board of directors. The filing fee shall be the same as for filing an amendment to articles of incorporation.Where any association may be incorporated under this article, all contracts made prior to April eighteenth, nineteen hundred and twenty-three, by or on behalf of such association by the promoters thereof in anticipation of its becoming incorporated under the laws of this state, whether or not such contracts be made by or in the name of some corporation organized elsewhere, and when they would have been valid if entered into subsequent to such date, shall be held valid as if made after such date.
WV Code § 19-4-27 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 4. Cooperative Associations|§19-4-27. Liability as to Delivery of Products in Violation of Marketing Agreements

Any person who solicits, persuades or permits any member of any association organized hereunder to breach his marketing contract with the association or one association with another, by accepting or receiving such member's products for sale or for auction or for display for sale, contrary to the terms of any marketing agreement of which such person has knowledge or notice, shall be liable to the association aggrieved in a civil suit for damages therefor. Courts of equity shall have jurisdiction to enjoin further breaches of such contract.
WV Code § 19-4-28 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 4. Cooperative Associations|§19-4-28. Associations to Be Deemed Not in Restraint of Trade

No association organized under this article and complying with the terms thereof shall be deemed to be a conspiracy or a combination in restraint of trade or an illegal monopoly or an attempt to lessen competition or to fix prices arbitrarily; nor shall the marketing contract and agreements between the association and its members or any agreements authorized in this article be considered illegal as such or in unlawful restraint of trade or as part of a conspiracy or combination to accomplish an improper or illegal purpose.
WV Code § 19-4-29 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 4. Cooperative Associations|§19-4-29. Application of Business Corporation Laws; Nonprofit Corporation Laws

The provisions of the business corporation laws in chapter thirty-one-d or the nonprofit corporation laws in chapter thirty-one-e of this code and all powers and rights thereunder shall apply to the associations organized under this article and may be used by them, except when the provisions are in conflict with or inconsistent with the express provisions of this article.
WV Code § 19-5-1 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 5. Grading and Packing of Fruits and Vegetables|§19-5-1. Standard Grades for Closed Packages of Fruits and Vegetables

The commissioner of agriculture shall establish and promulgate from time to time official standard grades for all closed packages of fruits and vegetables, by which the quantity, quality and size may be determined, and prescribe and promulgate rules and regulations governing the markings which shall be required upon packages of fruits and vegetables for the purpose of showing the name and address of the producer or packer, the variety, quantity, quality and size of the product.It is the intent of this article that the commissioner of agriculture of West Virginia shall promulgate all United States standard grades for fruits and vegetables, and, after consulting with the president of the state horticultural society and a committee of five fruit and vegetable growers appointed by the president of said society, such committee to be made up of growers from the various fruit and vegetable producing sections of the state, shall, with their advice and consent, establish such other grades within this state as in their judgment may be advisable.
WV Code § 19-5-2 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 5. Grading and Packing of Fruits and Vegetables|§19-5-2. Markings on Packages

Whenever such standards for the grade or other classification of fruits and vegetables under this article becomes effective, every closed package containing fruits or vegetables grown and packed in this state and sold, offered or exposed for sale, or packed for sale or transported for sale, by any person, firm, organization or corporation, shall bear conspicuously upon the outside thereof, in plain words and figures, such markings as are prescribed by the commissioner of agriculture of West Virginia under the provisions of this article.
WV Code § 19-5-3 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 5. Grading and Packing of Fruits and Vegetables|§19-5-3. Enforcement of Article

The commissioner of agriculture of West Virginia shall be charged with the enforcement of the provisions of this article, and for that purpose shall have power:(a) To enter and inspect personally, or through any authorized agent, every place within this state where fruits or vegetables are produced, packed, or stored for sale, shipped, delivered for shipment, offered for sale, or sold, and to inspect such places and all fruit or vegetable containers and equipment found in any such place;(b) To appoint, superintend, control and discharge such inspectors and subordinate inspectors as in his discretion may be deemed to be necessary, for the special purpose of enforcing the terms of this article, to prescribe their duties and fix their compensation;(c) Personally, or through any authorized agent or any such inspector, to forbid the movement of any closed package or packages of fruits or vegetables found to be in violation of any of the provisions of this article which have not been actually accepted by a common carrier for shipment in interstate traffic, and to require the same to be repacked or remarked. A carload of fruits or vegetables shall not be considered as actually accepted by a common carrier for shipment until the loading is finished, the car sealed and the bill of lading issued;(d) To cause to be instituted through the prosecuting attorney of any county of this state, in any court of competent jurisdiction or before any justice of the peace of such county, in which fruits or vegetables are packed, shipped, delivered for shipment, offered for sale or sold, or may be found, in violation of any of the provisions of this article, prosecutions for such violations.
WV Code § 19-5-4 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 5. Grading and Packing of Fruits and Vegetables|§19-5-4. When Fruits or Vegetables Presumed Offered or Exposed for Sale

When fruits or vegetables in closed packages are delivered to a railroad station or a common carrier for shipment, or delivered to a storage house for storage, such delivery shall be prima facie evidence that the fruits or vegetables are offered or exposed for sale, except in movement of unpacked and unlabelled fruits or vegetables for the purpose of repacking.
WV Code § 19-5-5 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 5. Grading and Packing of Fruits and Vegetables|§19-5-5. Offenses; Penalty

Any person, firm, organization or corporation, who shall violate any of the provisions of this article, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than $25 nor more than $500 for each offense.
WV Code § 19-5-6 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 5. Grading and Packing of Fruits and Vegetables|§19-5-6. Exemption From Prosecution

No person, firm, organization or corporation shall be prosecuted under the provisions of this article:(a) When he or it can establish by satisfactory evidence that he or it was not a party to the packing, grading or marking of such fruits or vegetables;(b) When he or it can establish that the fruits or vegetables offered for sale have passed inspection by an authorized inspector of this state and bear the official West Virginia inspection stamp, or by an inspector of the United States Department of Agriculture and found to be packed in accordance with the requirements of the commissioner of agriculture of West Virginia.
WV Code § 19-5-7 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 5. Grading and Packing of Fruits and Vegetables|§19-5-7. Certificates of Inspectors as Prima Facie Evidence

All certificates issued by inspectors in compliance with the regulations of the secretary of agriculture of the United States governing the inspection of fruits and vegetables pursuant to the act making appropriations for the United States Department of Agriculture, or pursuant to this article, shall be admissible as prima facie evidence in all courts of this state.
WV Code § 19-5-8 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 5. Grading and Packing of Fruits and Vegetables|§19-5-8. Provisions of Article Separable

If any section, subdivision, sentence, clause or phrase of this article is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this article.
WV Code § 19-5A-1 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 5A. Controlled Atmosphere Storage of Fresh Fruits and Vegetables|§19-5A-1. Purpose and Construction

The purpose of this article is to regulate controlled atmosphere storage warehouses, for controlling the condition and maturity of fresh fruits and vegetables, so that upon removal therefrom they may be designated as CA stored.
WV Code § 19-5A-2 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 5A. Controlled Atmosphere Storage of Fresh Fruits and Vegetables|§19-5A-2. Definitions

(a) "Department" means the Department of Agriculture of the State of West Virginia.(b) "Commissioner" means the commissioner of agriculture of the State of West Virginia or his duly authorized representatives.(c) "Controlled atmosphere storage" or "CA" means any storage warehouse consisting of one or more rooms in any one facility in which atmospheric gases are controlled in their amount and in degrees of temperature for the purpose of controlling the condition and maturity of any fresh fruits and vegetables in order that upon removal therefrom they may be designated as having been exposed to controlled atmosphere.(d) "Person" means an individual, firm, partnership, corporation, cooperative, company, society or association and each officer, agent or employee thereof and shall import either the singular or plural as the case may be.
WV Code § 19-5A-3 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 5A. Controlled Atmosphere Storage of Fresh Fruits and Vegetables|§19-5A-3. Commissioner to Enforce Article; Rules and Regulations; Cooperation With Other Authorities

(a) The commissioner shall administer and enforce the provisions of this article and for this purpose he is hereby authorized and empowered to promulgate rules and regulations and to employ or contract with such persons as may be appropriate.(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 § 19-5A-4 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 5A. Controlled Atmosphere Storage of Fresh Fruits and Vegetables|§19-5A-4. License Required for Operation of Warehouse; Application; Fees; Term of License; Inspections; Refusal, Suspension or Revocation of License

No person shall engage in the business of operating a controlled atmosphere storage warehouse unless he shall have first obtained a license from the commissioner so to do, which license remains unsuspended and unrevoked. Application for such license shall be made on forms prescribed by the commissioner and shall be accompanied by a fee required in this section. When a person operates two or more CA storage warehouses not on the same premises in this state, a separate license shall be required for each such storage warehouse. Each license shall expire on June 30 next following its issuance, and the annual fee for each such license shall be $25. Before issuing any license required by the provisions of this section, the commissioner shall inspect the applicant's CA storage warehouse and if the commissioner is satisfied that the warehouse is properly equipped and is in conformity with the provisions of this article and any rules and regulations promulgated by the commissioner, he shall issue the license. Each applicant for a license shall specify the name of the person applying for the license, the principal business address, name of the person domiciled in this state authorized to receive and accept service and legal notices of all kinds, the storage capacity of the controlled atmosphere storage warehouse by cubic capacity or volume, kind of fruits or vegetables for which the applicant intends to provide controlled atmosphere storage, and any other information prescribed by the commissioner as necessary in carrying out the provisions of this article.The commissioner may refuse to grant a license or may suspend or revoke a license issued under the provisions of this section whenever he finds that the applicant's or licensee's CA storage warehouse, as the case may be, is not properly equipped, or is not in conformity with the provisions of this article or any rules and regulations promulgated by the commissioner.No such revocation or suspension of a license shall be effective until the licensee has received notice thereof, which notice shall specify the grounds for such revocation or suspension.
WV Code § 19-5A-5 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 5A. Controlled Atmosphere Storage of Fresh Fruits and Vegetables|§19-5A-5. Access to Warehouses, Records, etc.

The commissioner shall have access to and is empowered to enter and make inspections during business hours of all controlled atmosphere storage warehouses licensed by this state. The licensee shall make available on demand to the commissioner all records pertaining to the conduct of said controlled atmosphere storage warehouses.
WV Code § 19-5A-6 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 5A. Controlled Atmosphere Storage of Fresh Fruits and Vegetables|§19-5A-6. Ca Warehouse Numbers; Issuance and Use

The commissioner when issuing a license shall assign a warehouse number which shall be preceded by the letters WV- CA.No person in this state shall place, stamp, mark or cause to be placed, stamped or marked the letters "CA" or a similar designation in conjunction with a number or numbers upon any container or subcontainer of any fruits or vegetables, or imply that such fruits and vegetables have been subjected to controlled atmosphere conditions unless the commissioner has inspected such fruits and vegetables and issued a state lot number in conjunction with a certificate stating their quality and condition, that they were stored in a warehouse licensed under the provisions of this article and met the requirements of the article and regulations promulgated thereunder: Provided, That if such fruits and vegetables are not allowed to enter the channels of commerce within two weeks of such inspection or subsequent similar inspection by the commissioner the letters "CA" and the state lot number shall be eradicated by the licensee.