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WV Code § 19-2F-4 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 2F. Beef Industry Self-Improvement Assessment Program|§19-2F-4. Conduct of Referendum

(a) The Council shall notify producers of the date, hours and polling places for voting in the referendum, along with the amount and duration of the proposed assessment, the manner of collecting the assessment and the general purposes for which the assessment will be expended. The notice must be published no less than three times in two newspapers of general circulation within this state and the Council may give notice of the referendum in other publications and at places the Council considers appropriate.(b) The Council shall provide ballots and polling places in each county. All cattle producers who may be subject to the proposed assessment are eligible to vote in the referendum upon presentation of proof showing them to be bona fide cattle producers subject to the assessment. The referendum is decided by a majority of the votes cast.(c) The Commissioner shall canvass, tabulate and publicly announce the results of the referendum no later than five days after the end of the election. The Commissioner must preserve all ballots for one year after the date of the referendum.(d) All expense and costs necessary to conduct a referendum are bourne by the Council.
WV Code § 19-2F-5 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 2F. Beef Industry Self-Improvement Assessment Program|§19-2F-5. Subsequent Referendums

(a) In the event that a referendum conducted pursuant to the provisions of this article fails to receive a majority of the affirmative votes cast, the Council is authorized to conduct a subsequent referendum under the provisions of section four of this article no earlier than twelve months after the date on which the last referendum was held without complying with the requirements set forth in section three of this article, so long as the amount and duration of the assessment are not increased.(b) In the event that an assessment is in effect and set to expire, the Council is authorized to conduct a subsequent referendum under the provisions of section four of this article during the last year of the assessment without complying with the requirements set forth in section three of this article, so long as the amount and duration of the subsequent assessment are not increased.
WV Code § 19-2F-6 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 2F. Beef Industry Self-Improvement Assessment Program|§19-2F-6. Beef Industry Council; Appointment; Terms; Qualification of Members; Removal of Members; Officers; Meetings; Expenses

(a) The West Virginia Beef Industry Council is hereby continued. The members of the Council in office on the date this section becomes effective shall, unless sooner removed, continue to serve until their respective terms expire and until their successors have been appointed and qualified.(b) (1) Commencing with the Council terms beginning on July 1, 2005, the Council shall consist of nine members appointed for terms of three years by the Governor with the advice and consent of the Senate. Six members of the Council must be beef cattle producers, one member must be a dairy cattle producer, one member must be a representative of a public livestock market and one member must be a meat packer or meat processor.(2) Each member of the Council, at the time of his or her appointment, must have been engaged in his or her representativeoccupation for a period of not less than five years immediately preceding the appointment and each member must be a United States citizen and a resident of this state during the appointment term.(3) In making appointments to the Council, the Governor shall consider proposed member recommendations made by West Virginia organizations and groups concerned with or engaged in beef production.(4) No member may serve more than two consecutive full terms and any member having served two full terms may not be appointed for one year after completion of his or her second full term. A member continues to serve until his or her successor has been appointed and qualified.(5) The Governor may remove any member of the Council for neglect of duty, incompetency or official misconduct.(c) The Council elects a chair, a secretary and a treasurer from its membership each for a term of two years. The Council meets as often as necessary at the time and place designated by the chair or by call of a majority of the Council members. All Council meetings shall be held in accordance with the provisions of article nine-a, chapter six of this code. All decisions of the Council are determined by a majority of the members appointed.(d) The Board shall reimburse each member's expenses for room, meals and mileage in the same manner and amount as state employees receive for travel. No member may receive any other salary or compensation for his or her services.
WV Code § 19-2F-7 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 2F. Beef Industry Self-Improvement Assessment Program|§19-2F-7. Powers and Duties of the Council; Rule-Making Authority

(a) The Council has the authority to:(1) Receive and disburse funds as prescribed in this article to be used for the purposes of this article;(2) Enter into contracts;(3) Hire and discharge employees, prescribe their duties and fix their compensation;(4) Accept grants, gifts and contributions for expenditure consistent with the purposes of this article;(5) Sue and be sued as a council without individual liability of the members for acts of the Council when the Council is acting within the scope of the powers conferred by this article;(6) Cooperate with other state or federal agencies and organizations engaged in work or activities consistent with the purposes of this article;(7) Conduct public relations and education programs for increasing beef production and improving beef marketing practices;(8) Conduct or contract for scientific research with any accredited college or university which will aid in implementing the purposes of this article; and,(9) Prepare and submit an annual report of its activities and fiscal accounting to the Commissioner no later than January 15, of each year.(b) The Council may propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code designed to implement the provisions of this article.
WV Code § 19-2F-8 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 2F. Beef Industry Self-Improvement Assessment Program|§19-2F-8. Notice, Levy and Collection of Assessment

(a) Upon approval of an assessment, the Council shall notify all known livestock markets, packers, buying stations, order buyers, livestock dealers or other persons purchasing cattle, including dairy cattle, that they are required to deduct the amount of the assessment stipulated in the authorizing referendum from the sale settlement beginning on the date designated in the notice.(b) The assessment approved by referendum is deducted by all livestock markets, packers, buying stations, order buyers, livestock dealers or other persons purchasing cattle, including dairy cattle, on each cattle purchase from the sale settlement. The purchasers remit the assessments within thirty days of the date of the sale settlement to the treasurer of the Council.(c) The Council must keep accurate records of the amount of assessments received, the date on which they were received and the name of the person making the remittance. The records must be preserved for at least five years.
WV Code § 19-2F-9 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 2F. Beef Industry Self-Improvement Assessment Program|§19-2F-9. Refunds

Any producer against whom an assessment is made and deducted from the proceeds of sale, if dissatisfied with the assessment, has the right to demand and receive from the treasurer of the Council a refund of the total amount of assessment collected from the producer if the demand is made in writing to the Council within thirty days of the date the assessment was deducted from the sale proceeds. The demand for refund must contain the name and address of the producer, the date of purchase, the number of head sold, the amount of the assessment, the name and address of the collecting agent, the date of sale and the invoice number. The refund is made upon determination that the assessment was paid by the producer.
WV Code § 19-2F-10 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 2F. Beef Industry Self-Improvement Assessment Program|§19-2F-10. Penalties

When a person required to collect the assessment in accordance with section eight of this article fails to do so or fails to remit it to the treasurer of the Council within thirty days, the Council certifies that fact to the Commissioner. The Commissioner notifies the person in writing that he or she has fifteen days to begin the collection of the assessment, or to remit previously collected assessments to the Council's treasurer or to submit a written justification for the failure to collect or remit the assessment. If the Commissioner determines that person was required to remit the assessment and if payment is not made within the fifteen-day period, the Commissioner may revoke the person's license to engage in cattle purchasing activities in the state. Persons having their license revoked under this section are not eligible for license-reinstatement for a period of three years.
WV Code § 19-2H-1 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 2H. Captive Cervid Farming Act|§19-2H-1. Short Title; Legislative Findings

(a) This article shall be called the Captive Cervid Farming Act.(b) The Legislature finds that captive cervid farming is primarily an agricultural business and that captive cervids should be regulated like other livestock.(c) The Legislature further finds that the Department of Agriculture possesses the knowledge, training and expertise to regulate captive cervid farming as an agricultural business and to adequately protect the health and safety of animals and the general public. Matters related to licensure, the sale of venison, animal health and testing, fencing, interstate and intrastate movement, animal identification system, recordkeeping, animal husbandry, equipment and other related matters shall be regulated by the department.
WV Code § 19-2H-2 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 2H. Captive Cervid Farming Act|§19-2H-2. Definitions

As used in this article:(a) "Biosecurity" means measures, actions or precautions taken to prevent the transmission of disease in, among or between free-ranging and captive cervids.(b) "Captive cervid" or the plural means a member of the Cervidae family of animals including, but not limited to, fallow deer, red deer, white-tailed deer, axis deer, elk, moose, reindeer and caribou which are domesticated animals under the control of the owner of the animal.(c) "Captive cervid farming facility", "facility" or the plural means the captive cervids, property, fenced area, operations and equipment regulated and licensed by the department pursuant to this article.(d) "Commissioner" means the Commissioner of the West Virginia Department of Agriculture.(e) "Department" means the West Virginia Department of Agriculture.(f) "Identification system" means a process or procedure that allows an individual cervid to be continuously recognized as a unique animal throughout its lifetime.(g) "License" means the authorization issued by the department for the operation of a captive cervid farming facility pursuant to this article.(h) "Owner" means the person who owns or operates a captive cervid farming facility.(i) "Person" means an individual, corporation, limited liability company, partnership, association, joint venture or other legal entity.(j) "Release" means to allow a cervid from a licensed captive cervid farming facility to be outside the perimeter fence of that licensed captive cervid farming facility without being under the direct control of the owner or his or her agent.
WV Code § 19-2H-3 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 2H. Captive Cervid Farming Act|§19-2H-3. Authority of the Department; Duties and Obligations of the Commissioner

(a) The department is hereby granted authority to regulate captive cervid farming facilities in this state in accordance with this article. Subject to the transition provisions contained in this article, no person may operate a captive cervid farming facility in this state unless that person holds a license issued by the commissioner pursuant to this article.(b) The commissioner or his or her designees may:(1) Establish a section and designate staff responsible for the enforcement of this article;(2) Contract with veterinarians, biologists or other professionals to implement this article;(3) Enter into contracts or compacts with state agencies or other states to enhance the biosecurity of captive cervid farming facilities in this and other states;(4) Lease, rent, purchase, construct, maintain, operate, sell, encumber or assign rights of real or personal property to meet the objectives of this article;(5) Hold hearings, subpoena witnesses, administer oaths, take testimony, require the production of evidence and designate hearing examiners and employees;(6) Take any other action necessary or incidental to the performance of his or her duties pursuant to this article;(7) Regulate the movement of captive cervids and require the documentation of the origin and destination of all shipments of captive cervids; and(8) Prohibit captive cervid facilities in this state from receiving live captive cervids or any byproduct thereof, or captive cervid genetic materials from a captive cervid facility that has had a confirmed chronic wasting disease or tuberculosis positive cervid in the last sixty months.
WV Code § 19-2H-4 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 2H. Captive Cervid Farming Act|§19-2H-4. Application for License

(a) A person desiring to operate a captive cervid farming facility in this state must submit an application for a license to the department. The department shall provide the forms and instructions for the filing of applications.(b) The application form shall require submission of the following information:(1) The mailing address of the proposed captive cervid farming facility and the size, location and an adequate legal description of the facility;(2) The number of each species of cervid to be included in the proposed facility;(3) The biosecurity measures to be utilized;(4) The proposed method of flushing wild cervids from the enclosure, if applicable;(5) The proposed record-keeping system;(6) The method of verification that all wild cervids have been removed;(7) The current zoning of the property proposed for the facility; and(8) Any other information requested by the department.(c) The application shall be accompanied by the annual license fee as follows:(1) Class one license. -- For a facility to breed and propagate captive cervids, and create cervid byproducts, for sale to others, $375; or(2) Class two license. -- For a facility to breed, propagate, harvest or slaughter captive cervids, create cervid byproducts, permit hunting of captive cervids or sell venison to others, $750.
WV Code § 19-2H-5 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 2H. Captive Cervid Farming Act|§19-2H-5. Action on Applications

(a) The department shall act on a complete application for a license within sixty days of receipt. The department may issue a provisional license for a proposed facility that has not yet been constructed, but operations shall not begin under a provisional license until the fully constructed facility has been inspected and approved by the department.(b) The department may not issue a license until the commissioner has determined that the facility meets all of the following criteria:(1) The facility has been inspected by the department and it meets the requirements of this article and the rules promulgated thereunder;(2) The applicant has all necessary federal, state and local governmental permits; and(3) The owner has paid all applicable license fees and all departmental charges for services provided to the facility.(c) If the department finds a deficiency in the license application, then the owner shall be given at least thirty days to remedy the deficiency before the license application is denied.(d) If the department finds that the proposed captive cervid farming facility does not comply with the requirements of this article, then the owner shall be given at least thirty days to remedy the deficiency at the facility before the license application is denied.(e) The applicant may request a hearing, pursuant to article five, chapter twenty-nine-a of this code, to contest the denial of a license or any limitations placed upon the issuance of a license.(f) The department shall retain the license fee for its services in the event a license is denied.
WV Code § 19-2H-6 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 2H. Captive Cervid Farming Act|§19-2H-6. License Certificate; Renewal; Sale or Transfer of License

(a) Once approved, the department shall issue a license certificate to the owner of a captive cervid farming facility containing the following information:(1) The class of license, the license number and expiration date;(2) The captive cervid species and number of captive cervids approved for the licensed facility; and(3) The name, business address and telephone number of the owner and of the captive cervid farming facility.(b) An application for renewal of a license shall be submitted on forms provided by the department sixty days prior to the expiration of the current license. Each license issued shall be for a period of one year from the date of issuance.(c) The sale or transfer of ownership of a captive cervid farming facility will not operate to transfer the license. The department may issue a new license to the transferee if all license requirements and fees are satisfied.
WV Code § 19-2H-7 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 2H. Captive Cervid Farming Act|§19-2H-7. License Modification

An owner shall apply to the department for a license modification if there is any proposed change in the class of license, cervid species, number of captive cervids or other requirement necessitating an application for modification.
WV Code § 19-2H-8 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 2H. Captive Cervid Farming Act|§19-2H-8. Inspection of Facility by the Department

The department shall have access at all reasonable hours to any captive cervid farming facility to conduct inspections, secure samples or specimens or determine whether the owner is in compliance with the requirements of this article. Inspections and sampling shall be conducted in a manner which will not unnecessarily jeopardize the health of the captive cervids.
WV Code § 19-2H-9 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 2H. Captive Cervid Farming Act|§19-2H-9. Transition to Captive Cervid Farming Licenses; Statutory Conflicts

(a) A captive cervid farming facility in existence on the effective date of this article may continue operation under its existing authorization until the department acts on its application so long as the facility applies for a license under this article within sixty days after application forms are made available.(b) Notwithstanding any other provision of the law to the contrary, an owner or an owner's customer harvesting captive cervids from a captive cervid farming facility is not subject to laws regarding possession limits and closed seasons. Further, a facility is not subject to sections thirteen, fourteen and forty-seven, article two, chapter twenty of this code or the rules promulgated thereunder.
WV Code § 19-2H-10 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 2H. Captive Cervid Farming Act|§19-2H-10. Administrative Penalties; Hearing

(a) Upon finding that a person has violated any requirement or rule promulgated under this article, the commissioner may:(1) Issue a warning;(2) Impose a civil penalty of not more than $1,000 plus the costs of investigation for each violation;(3) Suspend, revoke or modify a license;(4) Obtain a declaratory judgment that a particular action is a violation of this article; or(5) Obtain an injunction.(b) A person aggrieved by an administrative action under this section may request an informal hearing or a hearing pursuant to article five, chapter twenty-nine-a of this code.
WV Code § 19-2H-11 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 2H. Captive Cervid Farming Act|§19-2H-11. Prohibited Conduct; Criminal Penalties

(a) A person may not release or permit the release of any captive cervids from a captive cervid farming facility.(b) A person may not cause the entry or introduction of wild cervids into a captive cervid farming facility.(c) An owner may not cease operation of or abandon a captive cervid farming facility without complying with the requirements and rules promulgated under this article.(d) Any person who violates subsection (a) or (b) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not more than ninety days, or fined not more than $300, or both fined and confined for a first offense. Any person who violates subsection (a) or (b) of this section for a second or subsequent offense is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not more than one year, or fined not more than $1,000, or both fined and confined.(e) Any person who intentionally or knowingly violates subsection (a), (b) or (c) of this section is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility not less than one nor more than three years, or fined not more than $1,000, or both fined and imprisoned.(f) A person may not kill, injure, or take any captive cervid that is the property of another. A person who violates this subsection is guilty of a misdemeanor and, upon conviction thereof, may be fined not more than $500 and pay restitution pursuant to sections four and five, article eleven-a, chapter sixty-one of this code.
WV Code § 19-2H-12 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 2H. Captive Cervid Farming Act|§19-2H-12. Rulemaking

(a) The commissioner shall propose legislative rules in accordance with article three, chapter twenty-nine-a of this code to implement and enforce this article. The rules shall be consistent with the rules of the United States Department of Agriculture in so far as practicable. Any rules promulgated by the commissioner before September 1, 2015, may be emergency rules.(b) The rules shall include, but not be limited to:(1) Preventing the spread of diseases between captive and wild cervids;(2) Implementing an identification system that allows individual captive cervids to be recognized and identified throughout the animal's life;(3) Establishing specifications for fencing necessary to prevent the escape of captive cervids and the infiltration of wild cervids into a captive cervid farming facility;(4) Specifying record-keeping standards required of captive cervid farming facilities, including standards for documenting purchases, propagation, sales, harvesting, sales of venison and other documentation required to maintain accurate and complete business records;(5) Establishing animal health testing criteria, inoculation requirements and statistical information to track, discover and prevent the spread of animal diseases, including chronic wasting disease;(6) Regulating the intrastate and interstate movement of captive cervids and maintaining documentation of the origin and destination of all cervid shipments, disease and identification records and any other requisite documentation;(7) Creating regulations for the sale and slaughtering of captive cervids for venison;(8) Establishing a schedule of fees and charges for services provided by the department to captive cervid farming facilities; and(9) Procedures for captive cervid farming facilities to close and wind down operations.