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WV Code § 19-28-2 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 28. Vitamin and Mineral Enrichment of Flour and Bread|§19-28-2. Vitamin and Mineral Requirements for Flour; Exceptions as to Flour Sold to Distributors, Bakers or Other Processors

It is unlawful for any person to manufacture, mix, compound, sell or offer for sale, for human consumption in this state, flour as defined in section one of this article, unless the following vitamins and minerals are contained in each pound of such flour: Not less than two and not more than two and five-tenths milligrams of thiamine; not less than one and two-tenths and not more than one and five-tenths milligrams of riboflavin; not less than sixteen and not more than twenty milligrams of niacin or niacinamide; not less than thirteen and not more than sixteen and five-tenths milligrams of iron; except in the case of self-rising flour which in addition to the above ingredients shall contain not less than five hundred and not more than fifteen hundred milligrams of calcium: Provided, That the provisions of this section do not apply to flour sold to distributors, bakers or other processors, if the purchaser furnishes to the seller a certificate in such form as the commissioner has prescribed by rule, certifying that such flour will be: (1) Resold to a distributor, baker or other processor; (2) used in the manufacture, mixing or compounding of flour, white bread or rolls enriched to meet the requirements of this article; or (3) used in the manufacture of products other than flour, white bread or rolls. It is unlawful for any such purchaser furnishing any such certificate to use or resell the flour purchased in any manner other than as prescribed in this section: Provided, however, That the provisions of this section do not apply to noncommercial flour manufactured by small flour mills, located in this state, for persons from wheat harvested in this state or to any other flour produced and sold at retail by such mills.
WV Code § 19-28-3 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 28. Vitamin and Mineral Enrichment of Flour and Bread|§19-28-3. Vitamin and Mineral Requirements for White Bread or Rolls

It is unlawful for any person to manufacture, bake, sell or offer for sale, for human consumption in this state, any white bread or rolls, as defined in section one of this article, unless the following vitamins and minerals are contained in each pound of such bread or rolls: Not less than one and one-tenth and not more than one and eight-tenths milligrams of thiamine; not less than seven-tenths and not more than one and six-tenths milligrams of riboflavin; not less than ten and not more than fifteen milligrams of niacin; and not less than eight and not more than twelve and five-tenths milligrams of iron.
WV Code § 19-28-5 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 28. Vitamin and Mineral Enrichment of Flour and Bread|§19-28-5. Penalties for Violation of Article; Inconsistent Acts Repealed; Provisions Severable

Any person who violates any of the provisions of this article or the orders or rules promulgated by the commissioner is guilty of a misdemeanor, and, upon conviction thereof, shall be fined for each offense a sum of not less than $25 nor more than $200, or imprisoned in the county jail not to exceed sixty days, or both fined and imprisoned. Magistrates have jurisdiction to try cases involving violations of any provision of this article, or of the orders or rules promulgated by the commissioner.
WV Code § 19-29-1 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 29. Production of Nontraditional Agriculture Products|§19-29-1. Nontraditional Agriculture; Authority

The commissioner of agriculture is hereby empowered and shall devise means of advancing the nontraditional agricultural products 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 nontraditional agricultural products in the state.These nontraditional products are to be considered as agricultural activities.Only after consultation with the Division of Natural Resources and the Department of Health and Human Resources, the commissioner shall promulgate rules, in accordance with chapter twenty-nine-a of this code, for the promotion, marketing, and regulation of nontraditional agriculture.The commissioner shall have the authority under this article to restrict the importation and commercial production of any species of nontraditional agriculture which in his or her opinion is not in the best interest of the industry or of the public.Nothing in this article shall affect the Division of Natural Resources' authority as provided in articles one, two, three, and seven, chapter twenty of this code.
WV Code § 19-29-2 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 29. Production of Nontraditional Agriculture Products|§19-29-2. Definitions

(a) "Aquaculture" means the commercial production of fish and/or other aquatic life.(b) "Commissioner" means the Commissioner of Agriculture or his or her designee.(c) "Domestic purposes" means for the purposes of food production, for resale as breeding stock or for the sale of immature stock for the purposes of further feeding.(d) "Nontraditional agriculture" means the production of animals domesticated from wild stock, either native or nonnative, and are being confined, bred or fed for domestic purposes; captive cervids pursuant to article two-h of this chapter; aquaculture; or other agricultural products as defined in this article.
WV Code § 19-29-3 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 29. Production of Nontraditional Agriculture Products|§19-29-3. Health Requirements

Only after consultation with the Division of Natural Resources and the Department of Health and Human Resources, the commissioner shall promulgate rules, in accordance with chapter twenty-nine-a of this code, dealing with the health standards for nontraditional agriculture.
WV Code § 19-29-4 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 29. Production of Nontraditional Agriculture Products|§19-29-4. Inspection of Animals, Meat and Meat Products

The commissioner shall propose rules for legislative approval in accordance with article three, chapter twenty-nine-a of this code, to include inspection of the meat from nontraditional agriculture intended for sale in commercial outlets. Except for rabbits and game birds, nontraditional agriculture shall be slaughtered in an inspected meat processing facility.
WV Code § 19-29-5 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 29. Production of Nontraditional Agriculture Products|§19-29-5. Owners' Responsibilities

It is the responsibility of the owner to take all reasonable action to maintain the nontraditional agriculture on property owned or leased by the owner, including the construction of fences or other barriers and housing of a suitable design. Owners of nontraditional agriculture shall be responsible for damages and subject to fines as set out in article eighteen of this chapter.
WV Code § 19-29-6 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 29. Production of Nontraditional Agriculture Products|§19-29-6. Waste Disposal From an Aquaculture Facility

After consultation with the Department of Environmental Protection, the commissioner shall propose rules for legislative approval in accordance with article three, chapter twenty-nine-a of this code, to include the disposal or application of waste produced from an aquaculture facility.
WV Code § 19-30-1 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 30. Donated Food|§19-30-1. Purpose

The purpose of this article is to address the problem of hunger in this state by improving the distribution of food to the hungry, providing a means of funding agencies which distribute food on an emergency basis, gathering and disseminating information related to the problem of hunger, assuring that distribution activities are responsive to the needs of local donated food banks, facilitating the creation of donated food banks and ensuring maximum access to food banks.
WV Code § 19-30-2 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 30. Donated Food|§19-30-2. Administration of Donated Food Program Transferred From Department of Health and Human Resources to Department of Agriculture

(a) Effective July 1, 2001, the Department of Agriculture is designated as the state agency to:(1) Receive food donated by the United States Department of Agriculture, other federal or state agencies, corporations, private persons or entities;(2) Receive payments for storage and distribution of the donated food;(3) Distribute the food to educational or charitable institutions;(4) Allocate funds received relating to the donated food; and(5) Enter into agreements and take other actions necessary to exercise the authority provided in this article.(b) Effective July 1, 2001, all responsibility for receiving, storing and distributing donated food previously assigned to the Department of Health and Human Resources is transferred to the Department of Agriculture. The secretary of the Department of Health and Human Resources and the commissioner of agriculture, acting jointly, are empowered to facilitate an orderly, efficient and economical transfer of the donated food program and related program functions, including the transfer of employees.(c) Effective July 1, 2001, all unencumbered funds remaining with the Department of Health and Human Resources related to the transferred donated food program shall be transferred to the appropriate accounts of the Department of Agriculture.
WV Code § 19-30-3 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 30. Donated Food|§19-30-3. Special Revenue Account Created for Donated Food Program

(a) There is hereby established in the State Treasury a special revenue account to be known as the "donated food fund" account. Expenditures from said account shall be used by the Department of Agriculture for the operation of the donated food program 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 article three, chapter twelve of this code, and upon the fulfillment of the provisions set forth in article two, chapter five-a of this code.(b) The commissioner is authorized to solicit and accept donations, gifts, grants, bequests and other funds made available to the Department of Agriculture from private sources for the donated food program, which funds shall be placed in the donated food fund special revenue account.
WV Code § 19-30-4 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 30. Donated Food|§19-30-4. Donation of Food Items; Exemption From Civil and Criminal Liability

Any person who makes a good faith donation of prepared or perishable food which appears to be fit for human consumption at the time it is donated to a charitable or nonprofit organization is not liable for damages in any civil action or subject to criminal prosecution for any injury or death due to the condition of the food unless the injury or death is a direct result of the gross negligence, recklessness or intentional misconduct of the donor.A charitable or nonprofit organization or an officer, employee or volunteer of the organization that in good faith receives and distributes, without charge, food which appears to be fit for human consumption at the time it is distributed is not liable for damages in any civil action or subject to criminal prosecution for any injury or death due to the condition of the food unless the injury or death is a direct result of the gross negligence, recklessness or intentional misconduct of the organization or its officers, employees or volunteer workers.This section applies to all good faith donations of perishable food which is not readily marketable due to appearance, freshness, grade, surplus supply or other conditions.
WV Code § 19-30-5 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 30. Donated Food|§19-30-5. Definitions

In this article, unless the context otherwise requires:"Agricultural product" means any fowl, animal, vegetable or other item, product or article which is customary food or which is proper food for human consumption."Donated food bank" means a nonprofit organization that solicits, stores, or redistributes food products to charitable organizations and individuals for the purpose of feeding needy families and individuals."Nonprofit charitable organization" means an organization which is organized and operates for a charitable purpose.
WV Code § 19-30-6 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 30. Donated Food|§19-30-6. Authorization of Donations; Diversion of Products by Directors to Organizations

A person engaged in the business of processing, distributing or selling any agricultural product may donate, free of charge, any agricultural product to a donated food bank.To assist in accomplishing the purposes of this section, the director of each department of state government shall divert, whenever possible, surplus agricultural products to organizations operating pursuant to this article.
WV Code § 19-30-7 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 30. Donated Food|§19-30-7. Surplus Food Collection and Distribution Centers

The Department of Agriculture shall continue operation of and shall publicize the services of an information and food collection center. The center shall receive and transmit information concerning available agricultural products and information on each organization desiring or needing agricultural products to be donated. The center shall also collect, receive, handle, store and distribute donated agricultural products. A nonprofit charitable organization which regularly needs agricultural products may be listed with a food collection center to be notified if agricultural products are available.
WV Code § 19-30-8 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 30. Donated Food|§19-30-8. Minimum Standards for Food Banks

In order to qualify as a donated food bank, an organization shall meet all of the following minimum standards:(a) Have access to storage facilities and refrigeration equipment for the purpose of collecting, receiving, handling, storing and distributing donated agricultural products;(b) Be incorporated as a nonprofit tax exempt organization and eligible as a charitable organization under the Internal Revenue Code (26 United States code section 501 (c) (3)) or affiliated with a qualified organization;(c) Maintain records for the proper control of inventory;(d) Demonstrate the availability of adequate liability insurance to cover the activities conducted pursuant to this article; and(e) Show local support through funding sources, letters of endorsement and a board of directors which reflects the community and population to be served.
WV Code § 19-30-9 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 30. Donated Food|§19-30-9. State Surplus Buildings and Equipment; Availability to Donated Food Banks

The commissioner of the Department of Administration shall assist a food bank by locating and providing available state surplus buildings or equipment necessary for the operation of a donated food bank for use without charge.
WV Code § 19-30-10 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 30. Donated Food|§19-30-10. Effect of Article on Other Nonprofit Organizations

Nothing in this article may restrict or limit the operation of any other nonprofit organization which is engaged in the distribution of agricultural products to nonprofit charitable organizations.
WV Code § 19-30-11 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 30. Donated Food|§19-30-11. Application of Article to Food Stamp Act

Consonant with 7 C.F.R. 273.9(c)(1), programs operated in accordance with this article shall complement and not in any way lessen assistance to families and individuals pursuant to the Food Stamp Act of 1977 as amended, (7 U.S.C. 2011 through 7 U.S.C. 2026).
WV Code § 19-30-12 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 30. Donated Food|§19-30-12. Donated Food Bank Assistance Fund; Restriction

(a) The fund formerly known as the charity food bank assistance fund is redesignated the donated food bank assistance fund and is continued. The fund consists of moneys provided by appropriation.(b) A donated food bank which meets the minimum standards for food banks may qualify, subject to available moneys, for assistance from this fund for any of its operations.(c) Assistance granted pursuant to this article shall be administered by the commissioner of agriculture. No more than five percent of the assistance granted to a donated food bank pursuant to this article may be used for administrative purposes.
WV Code § 19-31-1 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 31. Gus R. Douglass Agricultural Center at Guthrie|§19-31-1. Establishing the Name

The Guthrie center, currently owned by the Department of Agriculture, shall hereinafter be known as the Gus R. Douglass Agricultural Center at Guthrie.
WV Code § 19-32-1 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 32. Aquaculture Development|§19-32-1. Legislative Findings and Purpose

The Legislature finds and declares that aquaculture has the potential for reducing the United States trade deficit in fisheries products, for augmenting food supplies, for expanding employment, for promoting economic activity, for improving public health, for augmenting existing commercial and recreational fisheries and for producing other renewable resources, thereby assisting West Virginia and the United States in meeting its future food needs and contributing to the solution of world resource problems. It is, therefore, in the state's interest and it is state policy to recognize aquaculture as agriculture and to encourage the development of aquaculture in West Virginia.
WV Code § 19-32-2 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 32. Aquaculture Development|§19-32-2. Short Title

This article shall be known as the "Aquaculture Development Act".
WV Code § 19-32-3 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 32. Aquaculture Development|§19-32-3. Definitions

As used in this article:(1) "Aquaculture" means the propagation, rearing, and/or use of aquatic species in controlled or selected environments for private and or commercial purposes related to food production, recreation, research, importation, exportation, marketing, transportation and science.(2) "Aquaculture facility" means any land, structure or other appurtenance that is used for aquaculture, including, but not limited to, any laboratory, hatchery, rearing pond, raceway, pen, incubator, or other equipment used in aquaculture.(3) "Aquatic species" means any species of finfish, mollusk, crustacean, or other aquatic invertebrate, amphibian, reptile, or aquatic plant, and including, but not limited to, "fish" and "fishes" as defined in this chapter.(4) "Commissioner" means the Commissioner of Agriculture.(5) "Department" means the West Virginia Department of Agriculture.
WV Code § 19-32-4 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 32. Aquaculture Development|§19-32-4. Lead Agency; Powers and Duties

(a) Aquaculture is a form of agriculture and thus the Department of Agriculture is designated as the lead state agency in matters pertaining to aquaculture.(b) The department shall have the following powers and duties:(1) To provide aquaculturalists with information and assistance in obtaining permits related to aquacultural activities;(2) To promote investment in aquaculture facilities in order to expand production and processing capacity;(3) To work with appropriate state and federal agencies to review, develop and implement rules, policies and procedures to facilitate aquacultural development;(4) To facilitate the formation of an Aquaculture Advisory Board consistent with the provisions of section five of this article;(5) To coordinate the development and implementation of a state aquaculture plan which shall include prioritized recommendations for research and development as suggested by the Aquaculture Advisory Board, the department, public and private research institutions and the West Virginia University Extension Service;(6) To develop memoranda of agreement, as needed, with the Department of Environmental Protection, the Division of Natural Resources, the Department of Agriculture and other groups as provided in the state aquaculture plan; and(7) To develop and propose to the Legislature, if necessary, legislation required to implement the state aquaculture plan and to otherwise encourage the development of aquaculture in the state.
WV Code § 19-32-5 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 32. Aquaculture Development|§19-32-5. Advisory Board

(a) There is created within the Department of Agriculture the Aquaculture Advisory Board, to consist of the following representatives:(1) The Commissioner of Agriculture or the commissioner's designee who shall serve as chairman of the board;(2) A representative from the Division of Natural Resources;(3) A representative from the Department of Environmental Protection;(4) A representative from the West Virginia University Extension Service;(5) Two industry representatives currently conducting for-profit aquaculture or aquaculture related activities in West Virginia; and(6) One at-large member appointed at the discretion of the commissioner.(b) Clerical and other assistance shall be provided by the Department of Agriculture.(c) The board shall review state and federal policies, laws and regulations affecting aquaculture and recommend changes which may be necessary or useful to carry out the purposes of this article.(d) The board shall present its recommendations to the Department of Agriculture.
WV Code § 19-33-1 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 33. Equine Rescue Facilities Act|§19-33-1. Definitions

For purposes of this article:(a) "Commissioner" means the Commissioner of Agriculture.(b) "Equine rescue facility" means a facility that is listed as a nonprofit organization having a legitimate and current status under Title 26 U. S. C. 501(c)(3), as amended, that fosters care to unwanted equines due to age, health or other circumstances that deem the equines homeless.
WV Code § 19-33-2 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 33. Equine Rescue Facilities Act|§19-33-2. Licensing of Equine Rescue Facilities

No person may operate an equine rescue facility as defined in this section without an equine rescue facility license issued by the Department of Agriculture. The annual fee for an equine rescue facility license is $100, which shall be remitted by the commissioner to the humane officer or animal control officer in the county where the facility is located to offset the expense of inspecting that facility. If the county does not have a humane officer or animal control officer, the commissioner shall remit the license fee to the sheriff of the county where the facility is located.
WV Code § 19-33-3 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 33. Equine Rescue Facilities Act|§19-33-3. Inspections of Equine Rescue Facilities

Upon application for an equine rescue facility license, the commissioner shall notify the county humane officer or animal control officer in the county where the equine rescue facility is located, who shall inspect the facility prior to issuance of an equine rescue facility license and, thereafter, not less than twice annually. If the county does not have a humane officer or animal control officer, the sheriff of that county is responsible for inspections of equine rescue facilities in the county as set forth in this section.