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WV Code § 19-15-20 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 15. West Virginia Fertilizer Law|§19-15-20. Constitutionality

If any clause, sentence, paragraph or part of this article shall for any reason be judged invalid by any court of competent jurisdiction, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph or part thereof directly involved in the controversy in which such judgment shall have been rendered.
WV Code § 19-15-21 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 15. West Virginia Fertilizer Law|§19-15-21. Repeal

All laws and parts of laws in conflict with or inconsistent with the provisions of this article are hereby repealed.
WV Code § 19-15A-2 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 15A. West Virginia Agricultural Liming Materials Law|§19-15A-2. Registration of Brands; Registration Fees

(a) Agricultural liming material may not be used, sold or offered for sale in the state unless it has been registered with the commissioner.(b) Application for registration shall be made to the commissioner on forms approved or supplied by the commissioner. Each separately identified agricultural liming material shall be registered before being distributed or used in the state.(c) The commissioner shall collect a registration fee for each brand of the agricultural liming material registered and a registration fee from all distributors of agricultural liming materials. The commissioner shall set the registration fees by legislative rule.(d) All registrations shall expire at the end of the calendar year of issue unless sooner revoked by the commissioner as provided in section six of this article.(e) Valid registrants of agricultural liming materials are exempt from obtaining a distributors permit, unless distributing another registrants product.
WV Code § 19-15A-3 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 15A. West Virginia Agricultural Liming Materials Law|§19-15A-3. Required Labeling; Toxic Materials Prohibited

(a) A person may not sell, offer to sell or expose for sale in the state any agricultural liming materials which do not have affixed to the outside of each package in a conspicuous manner a plainly printed, stamped or otherwise marked label, tag or statement or, in the case of bulk sales, a delivery invoice including at least the following:(1) The name and principal business address of the manufacturer or distributor.(2) The brand name of the agricultural liming material.(3) The identification of the product as to the type of liming material.(4) The net weight of the agricultural liming material.(5) The minimum percentage of calcium oxide and magnesium oxide or calcium carbonate and magnesium carbonate.(6) The calcium carbonate equivalent as determined by methods prescribed by the Association of Official Analytical Chemists International (AOAC).(7) The minimum percent by weight passing through United States standard sieves.(8) The fineness classification of the material.(b) A copy of the statement provided for in subsection (a) of this section shall be posted for each brand sold in bulk at each site where purchase orders are accepted or from which deliveries for such liming materials are made.(c) No information or statement may appear on any package, label, delivery invoice or advertisement which gives a false or misleading impression to the purchaser as to the quality, analysis, type or composition of the liming material.(d) When agricultural liming material has been adulterated subsequent to packaging, labeling or loading thereof and before delivery has been made to the consumer, conspicuous, plainly worded notice to that effect shall be affixed by the vendor to the package or delivery invoice to identify the kind and degree of adulteration therein: Provided, That agricultural liming material may not be sold or offered for sale in the state which contains toxic materials in quantities injurious to plants or animals when applied according to directions.
WV Code § 19-15A-4 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 15A. West Virginia Agricultural Liming Materials Law|§19-15A-4. Inspection Fee; Report of Tonnage; Annual Report

(a) Each sales invoice prepared in normal course of business by either a registrant or distributor shall reflect the amount of the inspection fee and the name of the payor.(b) Within thirty days following June 30 and December 31, of each year, each registrant and distributor shall submit on a form furnished by the commissioner a summary of tons of each agricultural liming material sold or distributed by each registrant and distributor in the state during the previous six months' period. The report of tonnage shall be accompanied by payment of an inspection fee as established by legislative rule. If the tonnage, or portion thereof, has been paid by another person, documentation by invoice must accompany such report. The semiannual payment and late fee shall be established by legislative rule.(c) The commissioner shall publish annually on the Department of Agriculture's website a composite report showing the net tons of agricultural liming material sold in this state during the preceding period. This report may not divulge information that can be related to the business of any individual registrant.
WV Code § 19-15A-5 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 15A. West Virginia Agricultural Liming Materials Law|§19-15A-5. Inspection; Sampling; Analysis

(a) The commissioner shall audit, inspect, sample, analyze and test agricultural liming materials used, sold or offered for sale within the state as he or she considers necessary to determine whether the agricultural liming materials are in compliance with the provisions of this article. For this purpose the commissioner may enter upon any public or private premises or carriers during reasonable times to inspect and sample liming materials and to inspect records related to their distribution.(b) The methods of analysis and sampling shall be those approved by the commissioner and guided by the AOAC procedures.(c) The results of official analyses of agricultural liming materials and portions of official samples shall be distributed by the commissioner as he or she considers necessary to carry out the enforcement of this article.(d) The commissioner shall, on request, provide the registrant with a portion of the official sample: Provided, That the request is made within thirty days of the assessment of a violation.(e) In determining whether any agricultural liming material is deficient in guarantee, the commissioner shall be guided solely by the official sample.
WV Code § 19-15A-6 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 15A. West Virginia Agricultural Liming Materials Law|§19-15A-6. Embargo; Suspension or Cancellation of Registration; Seizure of Materials

(a) The commissioner may suspend or cancel the registration of any brand of agricultural liming material and may refuse the application for registration of any brand of agricultural liming material upon being presented satisfactory evidence that the registrant has used false, fraudulent or deceptive practices in the evasion or attempted evasion of the provisions of this article or any related rule: Provided, That no registration shall be suspended, revoked or refused until the registrant has been given an opportunity to appear for a hearing before the commissioner.(b) The commissioner may issue an embargo order to the owner or custodian of any lot of agricultural liming material when he or she finds said agricultural liming material is being offered or exposed for sale in violation of any of the provisions of this article or related rule. The order shall remain in effect until it has been rescinded in writing by the commissioner: Provided, That the commissioner may not rescind any embargo order until the requirements of this article have been complied with and all related costs and expenses have been paid.(c) Any agricultural liming material found to be in violation of the provisions of this article is subject to seizure on complaint of the commissioner to a court of competent jurisdiction in the county in which such agricultural liming material is located. If the court orders the condemnation of such material it shall be disposed of in a manner consistent with the quality of the agricultural liming material and the laws of the state. The court may not order the disposition of agricultural liming material without first giving the owner or custodian an opportunity to apply to the court for release of the agricultural liming material or for permission to process or relabel the agricultural liming material to bring it in compliance with this article.
WV Code § 19-15A-7 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 15A. West Virginia Agricultural Liming Materials Law|§19-15A-7. Deficiency Assessment, Tolerances and Payment

(a) A registrant shall pay a deficiency assessment in accordance with the provisions of this section for each lot of agricultural liming material found to be deficient in its guaranteed analysis. Deficiencies existing in more than one component shall be considered additional violations.(b) A registrant shall pay the deficiency assessment to the ultimate consumer of the product and deliver receipts for the payment to the commissioner. If the ultimate consumer is not known, the penalty assessed shall be paid to the commissioner and deposited as set forth in section nine of this article.(c) If a deficiency assessment has not been paid within sixty days of the notice of the assessment, then a late payment penalty, as established by legislative rule, will be added for each one hundred eighty days that the assessment remains unpaid.
WV Code § 19-15A-8 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 15A. West Virginia Agricultural Liming Materials Law|§19-15A-8. Rule-Making Authority

The commissioner shall propose rules for legislative approval in accordance with article three, chapter twenty-nine-a of this code to establish, implement and enforce the provisions of this article, which rules shall include, but not be limited to:(1) The minimum acceptable fineness classifications;(2) The minimum acceptable calcium carbonate equivalents for agricultural liming materials; and(3) The establishment of fees required by this article.
WV Code § 19-15A-9 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 15A. West Virginia Agricultural Liming Materials Law|§19-15A-9. Disposition of Fees

Any fees and penalties collected under the provisions of this article shall be deposited with the state Treasurer in a special revenue account known as the Agricultural Fee Fund as established in article one, chapter nineteen of this code.
WV Code § 19-15A-10 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 15A. West Virginia Agricultural Liming Materials Law|§19-15A-10. Penalties

Any person violating any of the provisions of this article or related rule shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than $200 nor more than $300 for the first offense and not less than $300 nor more than $1,000 for each subsequent offense.
WV Code § 19-16-3a (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 16. West Virginia Seed Law|§19-16-3a. Industrial Hemp Seed Certification Program; Requirements; Fees; Rulemaking

(a) The commissioner may create and administer an industrial hemp seed certification program to obtain and develop varieties of seeds which meet the purposes and provisions of §19-12E-1 et seq. of this code. The program shall be consistent with this article and applicable federal law. This program may include West Virginia landrace cannabis seed varieties. For the purposes of this article, "West Virginia landrace cannabis seed" means seed from the plant cannabis sativa that possesses characteristics of a unique and specialized cannabis seed variety that is present in West Virginia or has been recognized as produced in West Virginia. (b) Persons or entities, licensed pursuant to §19-12E-1 et seq. of this code, may obtain a license for the development of industrial hemp varieties for certification. The commissioner may assess a fee, consistent with the provisions of §19-12E-7 of this code, to operate and administer the seed certification program. The fees shall be deposited in the Agricultural Fees Fund established by §19-1-4c of this code.(c) The commissioner may promulgate emergency rules and shall propose rules for legislative approval pursuant to §29A-3-1 et seq. of this code for the purpose of implementing the provisions of this section.
WV Code § 19-16-3b (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 16. West Virginia Seed Law|§19-16-3b. Records

Each person whose name appears on the label as handling agricultural, vegetable, tree and shrub, or flower seeds subject to this article shall keep, for a period of two years, complete records of each lot of agricultural, vegetable, tree and shrub, or flower seeds handled, and shall keep for one year a file sample of each lot of seed after final disposition of said lot. All such records and samples shall be accessible for inspection by the commissioner during customary business hours.
WV Code § 19-16-4a (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 16. West Virginia Seed Law|§19-16-4a. Local Laws Prohibited

(a) No political subdivision may regulate the registration, packaging, labeling, sale, storage, distribution, transportation or any other use of seeds.(b) No political subdivision may adopt or continue in effect any local laws, ordinances or regulations relating to the regulating, registration, packaging, labeling, sale, storage, distribution, transportation or any other use of seeds.(c) Local laws, ordinances or regulations in violation of this section are void and unenforceable.
WV Code § 19-16-5 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 16. West Virginia Seed Law|§19-16-5. Exemptions

(a) The provisions of 19-16-2, 19-16-3, 19-16-4, and 19-16-8 of this code do not apply:(1) To seed or grain not intended for sowing purposes;(2) To seed in storage, or seed being transported or consigned to a cleaning or conditioning establishment for cleaning or conditioning: Provided, That the invoice, label or labeling accompanying any shipment of the seed bears the statement "seeds for conditioning"; and that any label or labeling or other representation which may be made with respect to the uncleaned or unconditioned seed is subject to this article; or(3) To any carrier in respect to any seed transported or delivered for transportation in the ordinary course of its business as a carrier: Provided, That the carrier is not engaged in producing, conditioning, or marketing seeds subject to the provisions of this article.(b) No person is subject to the penalties of this article for having sold or offered for sale seeds subject to provisions of this article which were incorrectly labeled or represented as to kind, species (and subspecies, if appropriate), variety, type, or origin, elevation, and year of collection (if required), which cannot be identified by examination, unless he or she has failed to obtain an invoice, genuine growers or tree seed collectors declaration, or other labeling information and to take such other precautions as may be reasonable to ensure the identity to be that which is stated. A genuine growers declaration of variety shall affirm that the grower holds records of proof concerning parent seed, such as invoice and labels.(c) The provisions of 19-16-2 and 19-16-3 of this code do not apply to tree seed produced by the consumer.
WV Code § 19-16-5a (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 16. West Virginia Seed Law|§19-16-5a. Label, Signage, and Other Requirements for Noncommercial Seed Sharing

(a) Each container of agricultural, vegetable, and flower seeds distributed for sowing purposes in a noncommercial setting shall bear thereon or have attached thereto in a conspicuous place a plainly written or printed label or tag in the English language, conveying the following information:(1) The name of the species or commonly accepted name of kind, or kind and variety of each agricultural seed component present. Hybrids shall be labeled as hybrids;(2) A word or statement indicating if the seed has been treated and, if treated, must be labeled in accordance with applicable state and federal laws;(3) Some form of reference identification that provides traceability. Retention of posterity file samples are not required;(4) Name and city or address of the noncommercial seed sharing entity; and(5) The calendar month and year the seed was donated.(b) The seed shall be free of foreign material, other than coatings or treatments, including germination medium, mulch, fertilizer, preplanted containers, mats, tapes, or other planting devices.(c) No distributed container shall hold more than eight ounces of agricultural seed or four ounces of vegetable or flower seed.(d) Germination and purity analysis is not required, however if a germination or purity percentage is noted on the label, it must be noted whether or not the analysis was performed according to the AOSA rules for testing seed.(e) At each location involved with noncommercial seed sharing a legible and visible sign shall state that the seeds being distributed may not meet germination or varietal purity standards prescribed by the state seed law. The sign must also state that patented seed or varieties protected by the Plant Variety Protection Act will not be accepted or distributed without permission of the certificate holder.
WV Code § 19-16-7 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 16. West Virginia Seed Law|§19-16-7. Stop Sale Orders or Embargo; Seizure

(a) Stop sale orders or embargos: When the commissioner has reasonable cause to believe any lot of seed or seed potato is being distributed or used in this State in violation of the provisions of this article or any rule promulgated under this article, then he or she may issue and enforce a written stop sale order or embargo, warning the custodian of the seed not to distribute, use, remove or dispose of the seed in any manner until the stop sale order or embargo is released by the commissioner or by court order:(1) When the stop sale or embargo order is issued, the commissioner shall affix a tag or other marking to the seed warning that the seed is under a stop sale order and notify the custodian that he or she has a right to request an immediate hearing.(2) The commissioner shall release the stop sale or embargo order when the seed has been brought into compliance with this article and its rules.(3) The commissioner has the authority to issue a stop sale or embargo order against a perishable product, even if the result is the involuntary disposal of the product.(4) The commissioner may take action to seize any seed not brought into compliance with this article and the rules issued under this article, within ninety days of the notice to the custodian.(b) Seizure: Any lot of seed or seed potato not in compliance with the provisions of this article is subject to seizure on complaint of the commissioner to a court of competent jurisdiction in the locality in which the seed or seed potato is located. In the event the court finds the seed to be in violation of this article and orders the condemnation of the seed or seed potato, it shall be denatured, processed, destroyed, relabeled or otherwise disposed of in compliance with the laws of this State: Provided, That in no instance may the court order the disposition of the seed without first having given the registrant an opportunity to apply to the court for the release of the seed or seed potato or permission to process or relabel it into compliance with this article.
WV Code § 19-16-8 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 16. West Virginia Seed Law|§19-16-8. Penalties and Prosecutions

(a) Criminal penalties. — Any person violating any of the provisions of this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than one hundred dollars nor more than five hundred dollars for the first offense, and for each subsequent offense, shall be fined not less than five hundred nor more than one thousand dollars, or imprisoned in the county jail not more than six months, or both fined and imprisoned. Magistrates have concurrent jurisdiction with circuit courts to enforce the provisions of this article.(b) Civil penalties. — (1) Any person violating any of the provisions of this article or the rules adopted under this article may be assessed a civil penalty by the commissioner. In determining the amount of any civil penalty, the commissioner shall give due consideration to the history of previous violations of any person; the seriousness of the violation, including any irreparable harm to the environment, and the demonstrated good faith of any person charged in attempting to achieve compliance with this article after written notification of the violation. (2) The commissioner may assess a penalty of not more than five hundred dollars for the first offense or nonserious violation, as determined by the commissioner in accordance with the rules promulgated in accordance with the provisions of article three [§§ 29A-3-1 et seq.], chapter twenty-nine-a of this code, and not more than one thousand dollars for a serious, repeat or intentional violation, as determined by the commissioner in accordance with the promulgated rules. (3) The civil penalty is payable to the State of West Virginia and is collectible in any manner now or hereafter provided for collection of a debt. Any person liable to pay the civil penalty and neglecting or refusing to pay the civil penalty, shall be assessed interest at ten percent per annum from the date the penalty was assessed. The penalty and interest constitute a lien in favor of the State of West Virginia and shall attach on the person’s property when the lien is properly recorded in the county where the property is located. There may be no cost as a condition precedent to recording.(c) Notwithstanding any other provision of law to the contrary, the commissioner may propose for promulgation and adopt rules which permit consent agreements or negotiated settlements for the civil penalties assessed as a result of a violation of the provisions of this article.(d) Nothing in this article may be construed as to require the commissioner to report minor violations of this article when the commissioner believes that the public interest will be best served by a written notice.(e) No state court may allow the recovery of damages for administrative action taken if the court finds that there was probable cause for the action.
WV Code § 19-16-9 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 16. West Virginia Seed Law|§19-16-9. Deficiencies

(a) If the analysis of a sample shows a deviation from the permitted analytical variation, the registrant or other responsible person shall be penalized according to legislative rule. Penalties for multiple deficiencies within a sample shall be incremental: Provided, That in no case shall the penalty exceed the retail value of the product.(b) The penalty shall be assessed and collected from the person responsible for the labeling requirements of the seed. If seed is sampled in the hands of a consumer who purchased to plant and not to sell, the penalty shall be assessed to the seedsman or distributor, whichever is applicable. In no case shall the penalty assessed exceed the fair market value of the seed. The total amount of seed in each lot at the time of sampling shall be used to determine the penalty.(c) All penalties assessed under this section shall be paid to the consumer of the lot of regulated product represented by the sample analyzed. If the consumer cannot be found or is unknown, the amount of the penalty shall be paid to the commissioner and deposited in the Department of Agricultures fees account.