reglab/housing_qa huggingface dataset:
WV Code § 19-12-5 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 12. Insect Pests, Plant Diseases and Noxious Weeds|§19-12-5. Rules and Regulations for Eradication, etc., of Plant Pests and Other Insects and Noxious Weeds; Enjoining Violations of Article or Rules and Regulations

The commissioner may promulgate rules and regulations under which he may proceed to eradicate or suppress and prevent the dissemination of plant pests or other insects or noxious weeds as far as may be practical and such rules and regulations as are necessary to carry out the purpose of this article. Any person violating any of the provisions of this article or any rules or regulations promulgated thereunder may be enjoined from continuing such violation or violations upon proper application to the circuit court of any county, and a judge thereof shall not require a bond as a condition precedent to the issuance of the injunction.
WV Code § 19-12-6 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 12. Insect Pests, Plant Diseases and Noxious Weeds|§19-12-6. Quarantines and Other Orders; Plants or Plant Products Entering State

The commissioner shall have power to establish and maintain quarantines and to adopt other orders and rules and regulations concerning the planting, exposing, sale and transportation of all plants or plant products and regulated articles capable of carrying plant pests of a highly injurious nature in any living stage within this state. The commissioner shall also have the power to prescribe like rules and regulations pertaining to all plants or plant products entering this state. The commissioner shall have the authority to rescind quarantines and other orders when he determines the need or practicability no longer exists.
WV Code § 19-12-7 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 12. Insect Pests, Plant Diseases and Noxious Weeds|§19-12-7. Infected or Infested Nursery Stock, Articles or Materials Subject to Seizure, etc.

The commissioner is hereby authorized to stop the delivery of, destroy, stop sale, to seize, to treat or to order returned to point of origin, at the owner's expense, any nursery stock or any article or material whatsoever transported or moved within this state or being transported into this state from any place outside thereof, if such nursery stock, article or material is found by him to be infested or infected with any dangerous plant pest or other insect or noxious weed or is in violation of any part of this article whether or not there is attached a valid certificate of inspection.
WV Code § 19-12-8 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 12. Insect Pests, Plant Diseases and Noxious Weeds|§19-12-8. Right of Entry on Premises

The effectuate the purpose of this article, the commissioner is hereby invested with authority, during reasonable working hours, to enter upon any public or private premises, except private residences, to examine and sample all plants and trees, soil, articles, and substances which are suspected of being infested or infected with dangerous plant pests or other insects or noxious weeds in discharge of the duties prescribed by this article. No person shall obstruct or hinder him in the discharge of his duties.
WV Code § 19-12-9 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 12. Insect Pests, Plant Diseases and Noxious Weeds|§19-12-9. Certificate of Registration for Nurserymen, Dealers, etc.; Refusal, Suspension, etc., of Certificates; Annual Registration Fees

It shall be unlawful for any nurseryman or dealer to expose or offer for sale, sell, deliver or give away any plants or parts of plants commonly known as nursery stock unless such person shall have first secured from the commissioner a certificate of registration. The commissioner may refuse, suspend or cancel any certificate upon satisfactory evidence that any of the provisions of this article or rules governing the sale of nursery stock within the state have been violated. The commissioner shall for each certificate of registration issued and for each renewal thereof, collect an annual registration fee in the amount of $10 for each nurseryman and $20 for each dealer. All certificates or registration shall expire on June 30 next after issue.
WV Code § 19-12-10 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 12. Insect Pests, Plant Diseases and Noxious Weeds|§19-12-10. Inspection of Nurseries; Orders of Commissioner as to Eradication or Control of Infestation

All stock in custody of any dealer or person shall be subject to inspection. It shall be the duty of the commissioner to provide for the annual inspection, or more often if necessary, of all nurseries within the state.The commissioner may order the owner or any person in charge of any infested or infected nursery stock or other nursery material, article or host plants, including soil, to take such necessary measures as will eradicate or control the said infestation or infection as he may deem necessary or proper. Such owner or person in charge shall carry out the order of the commissioner within the period of time designated in the order. If such owner or person in charge shall refuse or fail to carry out any such order, the commissioner may cause to be performed such eradication or control measures as are required by the order which shall be at the expense of the owner or person in charge.
WV Code § 19-12-11 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 12. Insect Pests, Plant Diseases and Noxious Weeds|§19-12-11. Nursery Stock Brought Into State to Carry Inspection Certificate

It shall be unlawful to deliver, transport or ship within this state, nursery stock which has not been inspected in accordance with the provisions of this article and which does not carry an inspection certificate attached to each carload, truckload, box, bale, package or item, or to deliver, ship, send or bring any such nursery stock into this state from any place outside thereof, unless there is attached to each carload, truckload, box, bale, package or item, in a conspicuous place, a valid certificate of inspection issued by the proper official of the state, territory, district or country from which it was shipped, sent or brought, showing that such nursery stock, including soil, was found to be free from plant pests at the time of inspection.Nursery stock brought into the state under an inspection certificate, as above required, may be sold and moved under the certificate of a registered West Virginia nurseryman or dealer or agent, but this shall not preclude inspection at any time within the state.
WV Code § 19-12-12 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 12. Insect Pests, Plant Diseases and Noxious Weeds|§19-12-12. Disposition of Fees Collected

The commissioner shall deposit all fees collected by him under the provisions of this article, into the state Treasury to the credit of a special fund, which funds shall be expended by the commissioner for the enforcement of this article.
WV Code § 19-12-13 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 12. Insect Pests, Plant Diseases and Noxious Weeds|§19-12-13. Inspection of Plants, etc., by Commissioner Upon Request; Certificate Stating Results of Inspection

Any person growing or possessing any plants or plant products or any other substance, material or thing may apply to the commissioner for a special inspection for the purpose of determining the presence of plant pests or noxious weeds which might prevent the movement or use of same. The expenses incurred in making the inspection shall be paid by the person making such request. The commissioner may comply with such request and shall issue to the person requesting an inspection a certificate stating the results of the inspection.
WV Code § 19-12-14 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 12. Insect Pests, Plant Diseases and Noxious Weeds|§19-12-14. Permit Required to Sell, Transport, etc., Plant Pests or Noxious Weeds

No person may sell, barter, expose, offer for sale or move, transport, deliver, ship or offer for shipment into or within this state any plant pest or other insects or noxious weeds in any living stage without first obtaining either a federal permit, where applicable, or a state permit from the commissioner. A state permit may be issued only after it has been determined that the plant pests or other insects or noxious weeds are not injurious, are generally present already or are for scientific purposes subject to specified safeguards. If a permit, which addresses environmental safety, has been issued by the appropriate federal regulatory agency in consultation with the commissioner, no state permit is required. If the appropriate federal regulatory agency determines that a permit is unnecessary, the commissioner may, if he or she deems it necessary to protect West Virginia's agricultural interests, require a state permit.
WV Code § 19-12-15 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 12. Insect Pests, Plant Diseases and Noxious Weeds|§19-12-15. Information to Be Furnished and Inspection Allowed Upon Request of Commissioner

The commissioner may request any person who has plants or plant products or articles or substances suspected of being infested or infected with dangerous pests in his possession to present same for inspection and to give full information as to the origin, number and destination of same, and it shall be a misdemeanor for such person to refuse to give the information upon request or to allow inspection.
WV Code § 19-12-16 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 12. Insect Pests, Plant Diseases and Noxious Weeds|§19-12-16. Criminal Penalties; Civil Penalties; Duties of the Prosecuting Attorney

(a) Criminal penalties. -- Any person violating any of the provisions of this article, or the 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 the second offense, shall be fined not less than $500 nor more than $1,000, or confined in the county jail not more than six months, or both.(b) Civil penalties. --(1) Any person violating a provision of this article or rules adopted hereunder 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, any hazards to the health and safety of the public and any economic damages to the public and the demonstrated good faith of any person charged in attempting to achieve compliance with the article before and after written notification of the violation.(2) The commissioner may assess a penalty of not more than $500 for each first offense or nonserious violation, and not more than $1,000 for a serious violation, or for a repeat or intentional violation.(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 debt. If any person liable to pay the civil penalty neglects or refuses to pay the same, the amount of the civil penalty, together with interest at ten percent, is a lien in favor of the State of West Virginia upon the property, both real and personal, of such a person after the same has been entered and docketed to record in the county where such property is situated. The clerk of the county, upon receipt of the certified copy of such, shall enter same to record without requiring the payment of costs as a condition precedent to recording.(4) The commissioner shall promulgate legislative rules, in accordance with the provisions of chapter twenty-nine-a of this code, to provide for the implementation and assessment of civil penalties pursuant to subsection (b) of this section.(5) The commissioner shall promulgate legislative rules, in accordance with the provisions of chapter twenty-nine-a of this code, to permit consent agreements or negotiated settlements for the civil penalties which may be assessed pursuant to the provisions of this section.(c) No state court may allow for the recovery of damages for any administrative action taken, if the court finds that there was a probable cause for such action.(d) It shall be the duty of the prosecuting attorney of the county in which the violation occurred to represent the Department of Agriculture, to institute proceedings and to prosecute the person charged with such violation.
WV Code § 19-12-17 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 12. Insect Pests, Plant Diseases and Noxious Weeds|§19-12-17. Severability

If any provision of this article or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the article which can be given effect without the invalid provision or application and to this end the provisions of this article are declared to be severable.
WV Code § 19-12-18 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 12. Insect Pests, Plant Diseases and Noxious Weeds|§19-12-18. Confidentiality of Trade Secrets

The commissioner may not make public information which contains or relates to trade secrets, commercial or financial information obtained from a person which is privileged or confidential information: Provided, That when the information is necessary to carry out the provisions of this article, this information may be revealed, subject to a protective order, to any federal, state or local agency consultant; or may be revealed, subject to a protective order, at a closed hearing or in findings of fact issued by the commissioner.
WV Code § 19-12A-1 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 12A. Land Division|§19-12A-1. Legislative Findings and Declarations

The Legislature hereby finds and declares that in order to ensure economic and efficient land use, increase and improve agricultural production, and provide food for residents of state operated institutions, state-owned farms should operate under the control of the Commissioner of Agriculture. The Legislature also finds and declares that the operation of all institutional farms under one management system with a single integrated farm plan is the most efficient method of providing the food needs of residents of state-operated institutions and will promote the health and welfare of all citizens of this state.
WV Code § 19-12A-2 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 12A. Land Division|§19-12A-2. Definitions

For the purpose of this article:"Agricultural products" means livestock and livestock products, poultry and poultry products, fruits and fruit products, vegetables and vegetable products, grains and hays and the products derived therefrom, tobacco, syrups, honey, and other products derived from the business of farming; including such other products as may be manufactured, derived, or prepared from agricultural products, raw or processed, which are used as food for man or animals."Commission" means the Farm Management Commission as established by this article."Commissioner" means the Commissioner of Agriculture, or his or her designee."Department" means the Department of Agriculture. "Farm equipment" means any equipment used for agricultural production."Farm facility" means any processing plant, milking parlor, farm equipment storage building, barn, silo, grain storage building, swinery, or any other building owned by an institution used in its farming operations."Institution" means any facility operated by the Department of Health and Human Resources or the Division of Corrections and Rehabilitation."Institutional farm" means any land which was formerly operated as a farm, is now being operated as a farm, or could be converted to agricultural production.
WV Code § 19-12A-6 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 12A. Land Division|§19-12A-6. Commissioner"s Powers and Duties

The commissioner or his or her designee is responsible for conducting the operations of the farms and shall:(1) Prepare an annual report of the farming operations, including a listing of all receipts and expenditures and shall present it to the Legislature at the end of each fiscal year.(2) Prepare the annual budget request for the operation of the institutional farms.(3) Receive and approve all requisitions for farm supplies and equipment.(4) Supervise the operation of all canneries and determine what foods are to be canned.(5) Recruit and approve assistant farm managers to supervise each institutional farm.(6) Transfer farm supplies, farm equipment, farm facilities, food stuffs, and produce from one institutional farm to another to promote efficiency and improve farm management.(7) Rent or lease additional land for farm use.By September 30 each year, each institution under the control of the Department of Health and Human Resources and the Division of Corrections and Rehabilitation shall present to the commissioner a purchase order for its food requirements during the next fiscal year as determined by the institution. If, during the year, an institution finds that it needs other or additional food, milk, or commodities not included in its purchase order for the year, the institutional superintendent may forward a supplemental request to the commissioner, which order may be filled depending on availability. If institutional farms produce more food, milk, and other commodities than can be sold to the institutions, the commissioner may sell the surplus to other state agencies willing to purchase. If any surplus remains after sales to other state agencies, the commissioner may sell the surplus on the open market or turn over any surplus food products to appropriate public, nonprofit agencies.
WV Code § 19-12A-6a (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 12A. Land Division|§19-12A-6a. Special Revenue Account

All funds collected by the department pursuant to this article, whether from the sale of food, the disposition of assets other than land, the lease of land or minerals or any other source, shall be paid into a special revenue account to be used for the purposes of this article: Provided, That when the remaining balance at the end of any fiscal year of the funds so collected and deposited in the special revenue account exceeds $1 million, the department may transfer the excess funds to the Department of Agriculture Capital Improvements Fund established in §19-1-4e of this code.
WV Code § 19-12B-2 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 12B. Interstate Compact on Pest Control|§19-12B-2. Appropriations for Insurance Fund

Consistent with law and within available appropriations, the departments, agencies and officers of this state may cooperate with the insurance fund established by the pest control compact.
WV Code § 19-12B-3 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 12B. Interstate Compact on Pest Control|§19-12B-3. Filing of Bylaws and Amendments

Pursuant to Article IV (h) of the compact, copies of bylaws and amendments thereto shall be filed with the commissioner and the Department of Agriculture.
WV Code § 19-12B-4 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 12B. Interstate Compact on Pest Control|§19-12B-4. Compact Administrator

The compact administrator of this state shall be the commissioner of agriculture. The duties of the compact administrator shall be deemed a regular part of the duties of his office.
WV Code § 19-12B-5 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 12B. Interstate Compact on Pest Control|§19-12B-5. Request for Assistance

Within the meaning of Article VI (b) or VIII (a), a request or application for assistance from the insurance fund may be made by the Governor or the commissioner of agriculture whenever in their judgment the conditions qualifying this state for such assistance exist and it would be in the best interest of this state to make such request.
WV Code § 19-12B-6 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 12B. Interstate Compact on Pest Control|§19-12B-6. Disposition of Compact Grants and Reimbursements

The department, agency, or officer expending or becoming liable for an expenditure on account of a control or eradication program undertaken or intensified pursuant to the compact shall have credited to his account in the state Treasury the amount or amounts of any payments made to this state to defray the cost of such program, or any part thereof, or as reimbursement thereof.
WV Code § 19-12B-7 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 12B. Interstate Compact on Pest Control|§19-12B-7. Executive Head

As used in the compact, with reference to this state, the term "executive head" shall mean the Governor.
WV Code § 19-12C-1 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 12C. Interagency Committee on Pesticides|§19-12C-1. To 19-12c-7

Repealed.Acts, 1991 Reg. Sess., Ch. 120
WV Code § 19-12D-1 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 12D. West Virginia Noxious Weed Act|§19-12D-1. Title

This article shall be known by the short title of "The West Virginia Noxious Weed Act of 1976."
WV Code § 19-12D-2 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 12D. West Virginia Noxious Weed Act|§19-12D-2. Declaration of Purpose; Legislative Findings

The purpose of this article is to provide for the suppression or control of noxious weeds which have proven to be or which scientific evidence indicates may become detrimental factors affecting the public health or economy of the state. The Legislature finds that certain plant species may spread to the extent they become detrimental to agricultural crops, other desirable plants, livestock, waterways, land, public health and/or the general economy and that certain noxious weeds, not yet known to occur in West Virginia, may be inadvertently introduced and that procedures for locating and eliminating such infestations need to be established. Therefore, it is deemed necessary, in the public interest, to provide authority for the surveillance of, suppression and control of noxious weeds.
WV Code § 19-12D-3 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 12D. West Virginia Noxious Weed Act|§19-12D-3. Definitions

As used in this article:(a) "Certificate" means a document issued by the commissioner indicating a regulated article is free of noxious weeds.(b) "Commissioner" means the commissioner of agriculture of the State of West Virginia and his duly authorized representatives.(c) "Infested" means the establishment of a noxious weed or exposure to such weed in a way creating reasonable certainty that establishment will occur.(d) "Move" means to ship, offer for shipment, receive for transportation, carry, or otherwise transport, move or allow to be moved.(e) "Noxious weed" means any living plant, or part thereof, declared by the commissioner, after public hearing, to be detrimental to crops, other desirable plants, waterways, livestock, land or other property, or to be injurious to public health or the economy.(f) "Permit" means a document issued by the commissioner to provide for movement of regulated articles to restricted destinations for limited handling, utilization, processing, or for scientific purposes.(g) "Person" means any individual or combination of individuals, partnership, corporation, company, society, association, firm, or other business entity and each officer, agent or employee thereof; the state and federal government and any department, agency, or subdivision thereof; or any other entity.(h) "Quarantine" means a legal declaration by the commissioner specifying:(1) The common and scientific name of the noxious weed.(2) The articles to be regulated.(3) The conditions governing movement.(4) Exemptions.(i) "Regulated article" means any article of any character which is transporting or which is capable of transporting any noxious weed.(j) "Reasonable notification" means at least forty-eight hours.