reglab/housing_qa huggingface dataset:
WV Code § 19-33-4 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 33. Equine Rescue Facilities Act|§19-33-4. Legislative Rules

The commissioner shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code to provide for the following:(a) The issuance of equine rescue facility licenses and revocation of the licenses for violations of the provisions of this article or rules adopted hereunder;(b) Notification of the application and issuance of an equine rescue facility license to the humane officer, animal control officer or county sheriff in the county where the facility is located and providing remittance of the annual equine rescue facility license fee;(c) Standards for maintenance of the premises, the care and health of the horses kept at equine rescue facilities and standards for inspection of those facilities and horses, using guidelines developed by the West Virginia Livestock Care Standards Board; and(d) Standards for closure of an equine rescue facility and seizure of horses at the facility where the health and welfare of the horses are endangered.
WV Code § 19-33-5 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 33. Equine Rescue Facilities Act|§19-33-5. Penalties

Any person who violates any provision of this article or rules adopted hereunder 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 a second or subsequent offense shall be fined not less than $500 nor more than $2,500.
WV Code § 19-34-1 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 34. Dangerous Wild Animals Act|§19-34-1. Findings and Purpose

The possession of dangerous wild animals presents serious public health and safety concerns and shall be regulated for the following reasons:(1) To prevent the introduction or spread of disease or parasites harmful to humans, domestic livestock and poultry, wildlife and captive wild animals;(2) To ensure the physical safety of humans;(3) To prevent the escape or release of an animal injurious to or competitive with agricultural, horticultural, forestry, wildlife and other natural resources; and(4) To prevent the mistreatment of permitted dangerous wild animals.
WV Code § 19-34-2 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 34. Dangerous Wild Animals Act|§19-34-2. Definitions

As used in this article unless otherwise specified:(1) "Board" means the Dangerous Wild Animal Board;(2) "Dangerous wild animal" means a mammal, bird, reptile, amphibian or aquatic animal, including a hybrid, that is dangerous to humans, other animals or the environment due to its inherent nature and capability to do significant harm. "Wildlife", as defined by section two, article one, chapter twenty of this code, "livestock", as defined in section two, article ten-b, chapter nineteen of this code, and "domestic animals", as defined in this section, are excluded.(3) "Domestic animal" means an animal which, through extremely long association with humans, has been bred to a degree which has resulted in genetic changes affecting the temperament, color, conformation or other attributes of the species to an extent that makes it unique and distinguishable from a wild individual of its species, and includes an animal that has been bred as a companion animal.(4) "Person" means an individual, partnership, corporation, organization, trade or professional association, firm, limited liability company, joint venture, association, trust, estate or other legal entity and an officer, member, shareholder, director, employee, agent or representative thereof.
WV Code § 19-34-3 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 34. Dangerous Wild Animals Act|§19-34-3. Rule-Making Authority

The Board shall propose rules for legislative approval to effectuate the provisions of this article in accordance with the provisions of article three, chapter twenty-nine-a of this code.The board may promulgate emergency rules pursuant to section fifteen, article three, chapter twenty-nine-a of this code.
WV Code § 19-34-4 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 34. Dangerous Wild Animals Act|§19-34-4. Prohibition on the Possession of a Dangerous Wild Animal; Exceptions

(a) Except as otherwise provided in this article, a person may not possess a dangerous wild animal.(b) Pursuant to the provisions of this article, the board may issue a permit for the possession of a dangerous wild animal if the applicant was in legal possession of the animal prior to the effective date of the rules promulgated under this article.
WV Code § 19-34-5 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 34. Dangerous Wild Animals Act|§19-34-5. Dangerous Wild Animal Board; Composition; Duties

(a) The Dangerous Wild Animal Board is hereby established with the following members: The Commissioner of the Department of Agriculture, the Secretary of the Department of Health and Human Resources and the Director of the Division of Natural Resources, or their designees. The board shall develop a comprehensive list of dangerous wild animals pursuant to the rule-making authority of this article.(b) The Commissioner of Agriculture shall serve as the chair, the Secretary of the Department of Health and Human Resources as the vice chair and the Director of the Division of Natural Resources shall serve as the secretary of the board. The Department of Agriculture shall provide necessary staff and support services to the board as needed.(c) The board shall:(1) Establish minimum caging or enclosure requirements for various dangerous wild animals;(2) Create a comprehensive list of dangerous wild animals, excluding wildlife, livestock and domestic animals as defined herein. The list may include, but not be limited to:(A) Bears;(B) Big cats;(C) Canids;(D) Primates;(E) Constrictor snakes greater than six feet, and venomous snakes; and(F) Alligators and caimans;(3) Enforce the permit requirements and set the fees for permits;(4) Issue, renew, revoke and maintain records for dangerous wild animal permits;(5) Annually review the list of prohibited dangerous wild animals to determine if animals should be added or subtracted from the list; and(6) Address any other issues required by this article.
WV Code § 19-34-7 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 34. Dangerous Wild Animals Act|§19-34-7. Confiscation and Disposition of Animals; Suspension and Revocation of Permits

(a) A law-enforcement officer, county humane officer or the state veterinarian may immediately confiscate or euthanize any dangerous wild animal if the animal poses an immediate risk to public health or safety regardless of whether the owner of the animal has a permit issued under this article.(b) The board may summarily suspend a permit issued under this article if one of the following conditions exists:(1) An animal whose owner has a permit issued under this article is in a position to harm another animal;(2) A permitted animal poses a risk to public health or safety; or(3) The permitee has violated a provision of this article.(c) In the event of the suspension of a permit or confiscation of an animal pursuant to this section, the dangerous wild animal may be transferred to another permitee in compliance with the provisions of this article, if the transfer would abate the imminent harm to the animal or the public as determined by the responding law-enforcement officer, county humane officer or state veterinarian. If the transfer of the dangerous wild animal cannot be accomplished without additional risk to public safety, or if no suitable facility is available for transfer, the responding law-enforcement officer, county humane officer or veterinarian may humanely euthanize the animal.(d) Upon conviction of an offense under this article or any other animal cruelty statute, the board shall revoke that person's permit.(e) The board may, for cause, revoke a permit.(f) A person aggrieved by action of the board may appeal to circuit court.
WV Code § 19-34-8 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 34. Dangerous Wild Animals Act|§19-34-8. Exemptions

(a) The permitting provisions of this article do not apply to:(1) Institutions accredited by the Association of Zoos and Aquariums (AZA) or an AZA-certified facility;(2) An animal control or law-enforcement agency or officer acting under the authority of this article;(3) Licensed veterinary hospitals or clinics treating dangerous wild animals;(4) A licensed or accredited research medical institution;(5) A research facility as defined in the Animal Welfare Act, 7 U.S.C. §2132(e), as amended;(6) A circus that is an incorporated, Class C licensee under the Animal Welfare Act, 7 U.S.C. §2132(e), as amended;(7) A person displaying dangerous wild animals at a fair or festival that is a licensed exhibitor under the Animal Welfare Act, 7 U.S.C. §2132(e), as amended; and(8) A person temporarily transporting a dangerous wild animal through the state, if the transit time is not more than forty-eight hours and the animal is at all times confined sufficiently to prevent escape.(b) Qualified exemption. -– The permitting provisions of this article do not apply to exhibitors or dealers licensed as of January 1, 2014, under the Animal Welfare Act, 7 U. S. C. §2132(e), as amended, and at the time the rules become effective and who continue to have a valid exhibitor or dealer license. The board may revoke this exemption as to exhibitors or dealers that have repeated, uncorrected citations in violation of the Animal Welfare Act, a conviction for violation of an animal cruelty statute or a violation of sections seven or nine of this article.
WV Code § 19-34-9 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 34. Dangerous Wild Animals Act|§19-34-9. Criminal and Civil Penalties

(a) A person who violates a provision of this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $200 nor more than $2,000 for each animal with respect to which there is a violation.(b) A person who knowingly and intentionally or recklessly releases a dangerous wild animal or unlawfully possesses a dangerous wild animal that does not cause injury to an individual is guilty of a misdemeanor and, upon conviction, may be confined in jail for not more than one year or fined not less than $500 nor more than $2,500, or both confined and fined.(c) A person who knowingly and intentionally or recklessly releases a dangerous wild animal or unlawfully possesses a dangerous wild animal that injures an individual is guilty of a felony and, upon conviction thereof, may be imprisoned in a state correctional institution for not less than one year nor more than three years, or fined not less than $1,000 nor more than $5,000, or both confined and fined.(d) Civil penalty. -– A person convicted of an offense under this article is liable for all costs, including personnel costs, expended by the county or state agencies involved with the capture, confinement, transfer or euthanasia of a dangerous wild animal.(e) The civil liability imposed by this section is in addition to any other legal remedies for damages to person or property caused by a dangerous wild animal.
WV Code § 19-35-1 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 35. Farmers Markets|§19-35-1. Legislative Findings and Purpose

(a) The Legislature hereby makes the following findings: (1) Farmers markets are critical incubators for small farm and food businesses because they offer an inexpensive, accessible, entry-level market for reaching consumers directly, though research has shown that the average vendor makes only a nominal dollar amount in sales on any given market day;(2) The number of farmers markets and the variety of products sold at farmers markets has increased significantly in the past 10 years, adding millions of dollars to the states economy;(3) Encouraging locally grown and raised food is important to the health and welfare of the citizens of West Virginia;(4) Permit fees and requirements for farmers market vendors can vary widely from county to county and from one regulatory official to the other. Current food permit categories are not designed for farmers markets and their vendors, but rather for restaurants, grocery stores, or concessioners; and(5) Food permits required for farmers market vendors are currently not recognized across county lines.(b) It is the purpose of this article:(1) To reduce barriers on participants producing, preparing, and selling certain foods at farmers markets and elsewhere within West Virginia; (2) To place regulation of farmers markets, vendors, and local food producers primarily within the Department of Agriculture; and(3) To encourage the growth of the local food industry in West Virginia.
WV Code § 19-35-2 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 35. Farmers Markets|§19-35-2. Definitions

For purposes of this article: "Acidified food" means a low-acid food item to which acid or acid foods are added with a water activity of greater than 0.85 and a finished equilibrium of pH 4.6 or below. Acidified foods are considered potentially hazardous foods."Delivered" means transferred to the consumer, either immediately upon sale or at a time thereafter."Department" means the Department of Agriculture."Farm and food product" means any agriculture, horticulture, agroforestry, animal husbandry, dairy, livestock, beekeeping, or other similar product, and includes potentially hazardous foods and nonpotentially hazardous food produced or manufactured therefrom. "Farmers market" means:(1) A traditional farmers market in which two or more vendors gather to sell farm and food products directly to consumers at a fixed location;(2) An on-farm market or farm stand run by an individual producer that sells farm and food products;(3) An online farmers market in which two or more vendors collectively market farm and food products and retain ownership of those products until they are sold; (4) A consignment farmers market in which two or more vendors deliver their own farm and food products to a common location maintained by a third party that markets the vendors products and receives a percentage share of the profits from sales, with the individual vendor retaining ownership of the farm and food product until it is sold. A consignment farmers market may be mobile or in a stationary location; (5) A mobile farmers market;(6) An area within a fair or festival at which farm and food products are sold; or (7) Any other form of farmers market approved by the commissioner."Farmers market vendor" or "vendor" means a person or entity that sells farm and food products at a farmers market."Nonpotentially hazardous" means a food item that does not require time/temperature control for safety to limit pathogenic microorganism growth or toxin formation. "Potentially hazardous" means a food item that requires time/temperature control or other protocols for safety to limit pathogenic microorganism growth or toxin formation. To "produce" means to prepare a food item by cooking, baking, drying, mixing, cutting, fermenting, preserving, dehydrating, growing, raising, or other process."Producer" means the person who produces a nonpotentially hazardous food item."Retailer" means and includes every person engaging in the business of selling, leasing, or renting tangible personal property."Seller" means the person who sells a nonpotentially hazardous food item to a consumer. The seller of the nonpotentially hazardous food item may be the producer of the item, an agent of the producer, or a third-party vendor, such as a retail shop or grocery store.
WV Code § 19-35-3 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 35. Farmers Markets|§19-35-3. Farmers Markets

(a) All farmers markets operating within the state shall register with the department. Farmers markets shall register on a form prepared by the department and provide information to the department regarding: (1) The type of farmers market; (2) The location, dates, and hours of operation;(3) The farmers markets vendors; and(4) Any other information required by the department.(b) Upon submission of all required items, each farmers market shall be issued a Farmers Market Registration. Each farmers market shall display its registration in a conspicuous manner.(c) Except for consignment farmers markets, which are required to apply for and obtain a food establishment permit from a local health department, no other type of farmers market is required to apply for and obtain a food establishment permit from a local health department. (d) The department may establish regulations permitting the sampling of certain farm and food products at farmers markets by vendors.(e) The department may establish penalties for violation of this section by legislative rule, pursuant to the provisions of 29A-3-1 et seq. of this code.
WV Code § 19-35-3a (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 35. Farmers Markets|§19-35-3a. Farmers Market Vendor Permits

(a) Except as provided in subsection (d) of this section, all vendors at a farmers market selling farm and food products shall apply for a farmers market vendor permit from the department. (b) The farmers market vendor permit, once issued, is valid in all counties in this state. (c) Notwithstanding any other provisions of code or rule to the contrary, a vendor is not required to obtain a food establishment permit to sell at a farmers market. (d) The following vendors are exempt from obtaining a farmers market vendor permit:(1) Vendors selling fresh, uncut produce; (2) Vendors selling nonpotentially hazardous foods; and(3) Vendors selling other farm and food products that are identified by the department. (e) The department shall establish the conditions and procedures for issuance of farmers market vendor permits. As a condition of obtaining a farmers market vendor permit, a vendor may be required to satisfy additional requirements, including but not limited to, submitting to inspections, and obtaining and maintaining certain additional licenses or certifications. (f) All farmers market vendor permits shall be displayed in a conspicuous manner.(g) The department may establish penalties for violation of this section by legislative rule, pursuant to the provisions of 29A-3-1 et seq. of this code.
WV Code § 19-35-3b (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 35. Farmers Markets|§19-35-3b. Role of Local Health Departments in Farmers Markets

(a) No local health department may require a farmers market or a farmers market vendor to obtain a food establishment permit, except a consignment farmers market is required to obtain a food establishment permit: Provided, That nothing in this article shall be construed to exempt restaurants or other prepared food vendors from the requirement to obtain a food establishment permit.(b) A vendor is subject to food sampling and inspection by the local health department in the jurisdiction in which the farmers market is located if the local health department determines that the vendors food product is misbranded or adulterated, or if a consumer complaint has been received: Provided, That all sampling and inspection shall be performed in consultation with the Department of Agriculture.(c) If the local health department in the jurisdiction in which the farmers market is located has reason to believe that an imminent health hazard exists it may invoke cessation of production until it deems that the hazardous situation has been addressed to the satisfaction of the local health department: Provided, That a local health department that invokes cessation of production under this subsection shall do so in consultation with the Department of Agriculture.
WV Code § 19-35-4 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 35. Farmers Markets|§19-35-4. Legislative Rules

The department shall propose emergency or legislative rules for approval in accordance with the provisions of 29A-3-1 et seq. of this code for the purposes of implementing this article, including the setting of any fees.
WV Code § 19-35-5 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 35. Farmers Markets|§19-35-5. Potentially Hazardous Foods

(a) Notwithstanding any provision of 16-1-1 et seq. of this code or any rules or regulations to the contrary, the department shall regulate potentially hazardous foods sold at farmers markets.(b) A vendor of potentially hazardous foods shall apply for and obtain a farmers market vendor permit as required by 19-35-3a of this code. (c) A home, farm, community, or commercial kitchen may be used by a potentially hazardous foods vendor, as determined by the department. (d) The department shall establish by legislative rule the requirements for obtaining a vendor permit for potentially hazardous foods, including acidified foods, and other categories identified and defined by the department. (e) All potentially hazardous foods sold at farmers markets shall be labeled in compliance with the departments labeling standards and provide information about its content and sources.
WV Code § 19-35-6 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 35. Farmers Markets|§19-35-6. Nonpotentially Hazardous Foods

(a) The production and sale of nonpotentially hazardous foods, when done in conformity with this section and the accompanying legislative rules, are exempt from licensing, permitting, inspection, packaging, and labeling laws of this state.(b) The following conditions apply to the sale and delivery of nonpotentially hazardous foods:(1) The nonpotentially hazardous food item must be sold by the producer to the consumer, whether in person or remotely, or by an agent of the producer or a third-party vendor; and(2) The nonpotentially hazardous food items must be delivered to the consumer by the producer, an agent of the producer, a third-party vendor, or a third-party carrier.(c) All nonpotentially hazardous foods shall be labeled in compliance with the departments labeling standards and provide information about their content and sources. (d) A home, farm, community, or commercial kitchen may be used by a nonpotentially hazardous foods vendor, as determined by the department. (e) This section shall not be construed to:(1) Impede the authority of a local health department or the department to investigate or cease the production or sale of food items reported to have caused a foodborne illness;(2) Preclude the department from providing assistance, consultation, or inspection at the request of the producer of a nonpotentially hazardous food item;(3) Preclude the production or sale of food items otherwise allowed by law;(4) Exempt a producer, seller, third-party vendor, or third-party agent from any applicable tax law;(5) Exempt producers or sellers of nonpotentially hazardous food items from any law that requires the producer, seller, third-party vendor, or third-party agent to register its business name, address, and other identification information with the state;(6) Exempt producers or sellers of nonpotentially hazardous food items from any applicable law of the federal government, including any federal law prohibiting the sale of certain food items in interstate commerce; or(7) Exempt producers or sellers of nonpotentially hazardous food items from any applicable law of another state.(f) This section preempts county, municipal, and other political jurisdictions from prohibiting and regulating the production and sale of nonpotentially hazardous food items: Provided, That such preemption shall not include space rentals at government-owned or operated facilities, government-sanctioned or operated events, or product placement agreements with government-owned facilities, as well as temporary events 14 days or less in duration.