reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 19. Agriculture › Article 2C. Auctioneers › §19-2C-6b. Duties and Responsibilities of an Apprentice Auctioneer and a Sponsoring Auctioneer

(a) A licensed apprentice auctioneer shall only conduct or assist in auctions under the direct supervision of his or her sponsoring auctioneer. A licensed apprentice auctioneer may not enter into a contract to conduct an auction, unless the contract is cosigned by his or her sponsoring auctioneer.
(b) The sponsoring auctioneer is responsible for:
(1) The actions of an apprentice auctioneer to ensure adherence to state law; and
(2) Training the apprentice auctioneer in all aspects of practical business functions and duties related to the auctioneering profession.
(c) Should an apprentice auctioneer fail to pass both the written and oral examinations to become a fully licensed auctioneer in two consecutive testing sessions, the sponsorship will be terminated. The apprentice auctioneer will be permitted one additional opportunity to pass the oral and written auctioneer examinations only after serving another six month apprenticeship under a different sponsoring auctioneer.
(d) A sponsoring auctioneer relieved of his or her sponsorship will not be considered for another sponsorship unless he or she provides a written affidavit to the commissioner that he or she fully understands the responsibilities of a sponsoring auctioneer and gives the details as to what additional training will be provided to a new apprentice auctioneer. If the commissioner or his or her representative approves the presented plan, then an auctioneer may be permitted to sponsor a new apprentice auctioneer.
(e) If an apprentice auctioneer conducts an auction without the consent of his or her sponsoring auctioneer, then only the apprentice auctioneer is subject to the penalties set forth in this article.
2023 West Virginia Code › Chapter 19. Agriculture › Article 2C. Auctioneers › §19-2C-6c. Procedure for Obtaining Reciprocal or Nonresident Auctioneer"s and Apprentice Auctioneer"s License

(a) To qualify for a license by reciprocity, the applicant must show evidence of licensing in another state for a period of one year preceding the date of application. The licensing may have been as an apprentice auctioneer or as an auctioneer. Provided this qualification is met and the applicant meets all the other requirements as required by this article and by regulation, he or she shall be licensed either as an apprentice auctioneer or as an auctioneer, based on a nonresident license, as the case may be.
(b) When an applicants resident state has no licensing law for auctioneers or the applicants resident state has no written or oral examination associated with its licensing requirements, the Department of Agriculture shall require proof that the applicant has been a practicing auctioneer for a period of two years preceding the date of application. The proof shall be in the form of sale bills, contracts, sale permits and other such evidence acceptable to the commissioner. Provided this qualification is met, and the applicant meets other requirements for licensing as required by the statutes and regulations, the applicant shall be admitted to the next scheduled written and oral examination for auctioneers without being required to first serve an apprenticeship.
2023 West Virginia Code › Chapter 19. Agriculture › Article 2C. Auctioneers › §19-2C-7. Orders of Commissioner; Hearing; Review

Any order of the commissioner shall be served by him upon all persons affected thereby by registered mail. Within ten days of the receipt of such order any party adversely affected thereby may, in writing, request a hearing before the commissioner. Such hearing and any judicial review thereof shall be conducted in accordance with the applicable provisions of articles five and six, chapter twenty-nine-a of this code as if the same were set forth herein in extenso. The effect of any order shall be suspended during the course of any hearing or subsequent appeals.
2023 West Virginia Code › Chapter 19. Agriculture › Article 2C. Auctioneers › §19-2C-8. Penalties

(a) Criminal penalties. — Any person, firm, association or corporation violating a provision of this article or the rules, is guilty of a misdemeanor and, upon conviction, shall be fined not less than $250 nor more than $500 for the first offense, and not less than $500 nor more than $1,000 for the second and subsequent offenses. Magistrates have concurrent jurisdiction with circuit courts to enforce the provisions of this article.
(b) Civil penalties. — Any person violating a provision of this article or the rules, may be assessed a civil penalty by the commissioner.
(1) In determining the amount of the civil penalty, the commissioner shall give due consideration to the history of previous violations by the person, the seriousness of the violation, and the demonstrated good faith of the person charged in attempting to achieve compliance with this article before and after written notification of the violation. The commissioner may assess a penalty of not more than $500 for a first offense, and not more than $1,000 for each second and subsequent offense.
(2) In addition to a penalty assessed against an unlicensed auctioneer for practicing without the required license, the commissioner may assess penalties against an unlicensed auctioneer for violations of the provisions of this article that would have applied to the individuals conduct had he or she held the required license.
(3) The civil penalty is payable to the State of West Virginia and is collectible in any manner provided for collection of debt. If any person liable to pay the civil penalty neglects or refuses to pay the penalty, the amount of the civil penalty, together with interest at 10 percent, is a lien in favor of the State of West Virginia upon the property, both real and personal, of the person after the same has been entered and docketed to record in the county where the property is situated. The clerk of the county, upon receipt of the certified copy of the lien, shall enter it to record without requiring the payment of costs as a condition precedent to recording.
(c) No state court may allow for the recovery of damages for any administrative action taken if the court finds that there was probable cause for such action.
2023 West Virginia Code › Chapter 19. Agriculture › Article 2C. Auctioneers › §19-2C-8a. Revocation

In addition to the penalties in section eight of this article, the commissioner may, by order, suspend, deny or revoke any license granted hereunder for any violation of this article or the rules and regulations promulgated hereunder or for any of the following reasons:
(a) Obtaining a license through false or fraudulent representation;
(b) Making any substantial misrepresentation in any application for an auctioneers or apprentice auctioneers license;
(c) Engaging in a continued or flagrant course of misrepresentation or for making false promises through an agent, advertisement or otherwise;
(d) Failing to account for or remit within a reasonable time any money belonging to others that comes into his or her possession;
(e) Being convicted in any court of competent jurisdiction of this state or any other state of a criminal offense involving moral turpitude or a felony; or for failing to notify the department of any such conviction within 15 days of conviction;
(f) Violating any other laws related to the conduct of auctions or auctioneering;
(g) Engaging in any conduct of an auctioneer which demonstrates dishonesty or incompetency;
(h) Engaging in any other conduct that constitutes fraudulent or dishonest dealing;
(i) Engaging in any other unethical conduct in the contexts of his or her work as an auctioneer; and
(j) Acting as an attorney for a client.
Any auctioneer or apprentice auctioneer who has had his or her license suspended or revoked shall not be issued another such license until a period not to exceed two years has elapsed from the date of revocation. The commissioner may also require the successful completion of the examinations required for an auctioneers license or an apprentice auctioneers license.
2023 West Virginia Code › Chapter 19. Agriculture › Article 2C. Auctioneers › §19-2C-9a. Escrow Accounts

Each auctioneer shall maintain an escrow account and deposit all moneys from each sale from an auction in the escrow account within twenty-four hours of the completion of the sale or on the first business day following the sale, unless the owner or consignor was paid in cash directly at the end of the sale.
2023 West Virginia Code › Chapter 19. Agriculture › Article 2C. Auctioneers › §19-2C-10. Advertising

In advertising an auction sale by any licensed auctioneer, the principal auctioneer or auctioneers who physically conduct the sale shall be listed prominently in such advertising as used by said auctioneer or auctioneers. The individual auctioneer or auctioneers who conduct the sale shall be the person or persons who call for, accept and close bids on the majority of items offered for sale.
Any apprentice auctioneer who advertises, as provided in this section, shall indicate in his or her advertisement the name of the sponsoring auctioneer under whom he or she is licensed.
The auctioneers name and license number shall be displayed in equal prominence with the name of the apprentice auctioneer and license number in such advertisement.
Nothing in the provisions of this article shall be construed so as to prohibit any other auctioneer, licensed pursuant to this article, from assisting with any auction, notwithstanding the failure to list the name of the other auctioneer in any advertising associated with such auction.
It is unlawful to conduct or advertise that an auction is absolute if minimum opening bids are required or other conditions are placed on the sale that limit the sale other than to the highest bidder.
No property other than the property of a specified deceased person or the property of a specified living persons estate may be sold at auction if the auction is conducted or advertised only as an estate auction. However, property other than that of the specified estate may be sold at the sale if all advertisements for the sale specify that items will be sold that do not belong to the estate and those items are identified at the sale.
2023 West Virginia Code › Chapter 19. Agriculture › Article 2D. Imitation Honey Product Law › §19-2D-1. Definitions

"Honey" means the nectar and saccharine exudation of plants as gathered, modified and stored in comb by honeybees.
"Imitation honey" means any mixture of sugars with or without honey as one of the constituent ingredients, which has been manufactured to represent honey.
"Label" means all written, printed or graphic information upon, attached to or accompanying product containers or wrappers.
"Package" means any container or wrappings in which a product is enclosed for use in the delivery or display of that product to retail purchasers.
"Person" means any individual, firm, corporation, association or any other group of people or business unit whether or not they are incorporated.
2023 West Virginia Code › Chapter 19. Agriculture › Article 2D. Imitation Honey Product Law › §19-2D-2. Labeling

(a) No person shall manufacture, package, label, sell, keep for sale, expose or offer for sale, any article or product represented to be honey or to contain honey unless the product ingredient is honey, as defined in this article.
(b) No person shall sell, expose or offer for sale any product, compound or mixture of sugars labeled as or for honey, with or without honey as a constituent ingredient, unless the product, compound or mixture of sugars is labeled "imitation honey" with the word "imitation" appearing in letters equal in size to the letters used to spell "honey."
2023 West Virginia Code › Chapter 19. Agriculture › Article 2E. Humane Slaughter of Livestock › §19-2E-3. Definitions

As used in this article:
(a) "Commercial slaughtering establishments" means a person engaged for profit in this state in the business of slaughtering or dressing animals for human consumption which are to be sold or offered for sale through a commercial outlet or establishment;
(b) "Commissioner" means the commissioner of agriculture of the State of West Virginia and his duly authorized representatives;
(c) "License" means any person licensed under the provisions of article two-b, chapter nineteen of the Code of West Virginia;
(d) "Person" means any individual, partnership, corporation, association, fiduciary or other group of persons whether organized or not;
(e) "Livestock" means cattle, swine, sheep or goats.
2023 West Virginia Code › Chapter 19. Agriculture › Article 2E. Humane Slaughter of Livestock › §19-2E-4. Commissioner to Enforce Article; Rules and Regulations; Effective Date

The commissioner shall administer and enforce the provisions of this article and shall have authority to issue regulations, after a public hearing, following due notice to all interested persons in conformance with the provisions of the state administrative procedures as set forth in chapter twenty- nine-a of this code, to carry out the provisions of the article. Commercial slaughtering facilities shall be in compliance with the provisions of this article within six months after the effective date of the article.
2023 West Virginia Code › Chapter 19. Agriculture › Article 2E. Humane Slaughter of Livestock › §19-2E-5. Methods of Humane Slaughter

(a) Livestock, before being shackled, hoisted, thrown, cast or cut must be rendered insensible to pain by a single blow, gunshot or by electrical, chemical or other means that is safe, rapid and effective; or
(b) By slaughtering in accordance with the ritual requirements of the Jewish faith or any other religious faith that prescribes a method of slaughter by the simultaneous and instantaneous severance of the carotid arteries with a sharp instrument as well as handling techniques in connection with such slaughtering; or
(c) By slaughtering in accordance with any method of humane slaughter approved by the United States Department of Agriculture.
2023 West Virginia Code › Chapter 19. Agriculture › Article 2E. Humane Slaughter of Livestock › §19-2E-6. Penalties

Any person violating any provision of this article or regulations adopted hereunder shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than $100 nor more than $500, and for the second offense, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than $500 nor more than $1,000 and shall have the license to do business as a slaughtering establishment, under article two-b, chapter nineteen of the Code of West Virginia, suspended until the facility is in compliance with the provisions of this article.
2023 West Virginia Code › Chapter 19. Agriculture › Article 2E. Humane Slaughter of Livestock › §19-2E-7. 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 the article are declared to be severable.
2023 West Virginia Code › Chapter 19. Agriculture › Article 2F. Beef Industry Self-Improvement Assessment Program › §19-2F-1. Purpose

The purpose of this article is to promote and stimulate, through research, education, advertising and other methods, the increased and efficient production, distribution, sale and use of cattle and beef products by providing a means and procedure for financing a promotional program for the West Virginia cattle industry through activities of the West Virginia Beef Industry Council.
2023 West Virginia Code › Chapter 19. Agriculture › Article 2F. Beef Industry Self-Improvement Assessment Program › §19-2F-2. Definitions

As used in this article:
(1) "Council" means the West Virginia Beef Industry Council.
(2) "Commissioner" means the Commissioner of the West Virginia Department of Agriculture.
(3) "Person" means an individual, partnership, corporation, association, fiduciary, or other group of persons acting together whether organized or not.
(4) "Producer" means any person in the business of raising, breeding or growing cattle or calves for beef production.
2023 West Virginia Code › Chapter 19. Agriculture › Article 2F. Beef Industry Self-Improvement Assessment Program › §19-2F-3. Petition for Referendum; Public Hearing; Notice

(a) Producers may petition the Commissioner to conduct a referendum of West Virginia producers authorizing the levying of an assessment for the purposes set forth in this article: Provided, That no referendum may be held until the provisions of 7 U.S.C. §2901 et seq., the federal beef research and information program, have terminated.
(b) The Commissioner, when petitioned by no less than fifty producers, must hold a public hearing no more than forty-five days after receipt of the petition to decide whether a referendum should be held to establish an assessment on the sale of beef and dairy cattle, the amount of the assessment and the duration of the assessment. The Commissioner shall give no less than fifteen days notice of the public hearing including the date, time and place of the public hearing. If a majority of those present vote in favor of holding the referendum, including the amount and duration of the proposed assessment, the Commissioner shall notify the Council to schedule and hold a referendum on the proposed assessment.
2023 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.
2023 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.
2023 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 representative
occupation 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 West Virginia Code › Chapter 19. Agriculture › Article 3. Sale of Farm Products by Commission Merchants › §19-3-1. License Required; Application and Fee

A person engaged in the business of a commission merchant in this state dealing in the sale, purchase, or consignment of agricultural products shall before carrying on such business procure a license from the commissioner. Application for such license shall be made on forms prescribed by the commissioner and shall be accompanied by a fee of $10. Such license shall be renewed annually on or before July 1,.
2023 West Virginia Code › Chapter 19. Agriculture › Article 3. Sale of Farm Products by Commission Merchants › §19-3-2. Applicant to Furnish Surety Bond

Prior to the issuance of a license for commission merchant, the applicant shall execute and deliver to the commissioner a surety bond conditioned as the commissioner may require and acceptable to him payable to the State of West Virginia, for the benefit of consignors who have been wronged or damaged by fraud or fraudulent practices of the commission merchant and so adjudged by a court of competent jurisdiction and who shall have the right of action for damage for compensation against such bond.
2023 West Virginia Code › Chapter 19. Agriculture › Article 3. Sale of Farm Products by Commission Merchants › §19-3-3. Grounds for Refusal or Revocation of License

The commissioner may refuse to grant a license or may revoke a license already granted when he is satisfied that the applicant or licensee has:
(1) Failed to satisfy a money judgment properly served against him
(2) Made false, fraudulent or improper charges or returns for the handling, sale, storage, or other services in connection with agricultural products;
(3) Failed or refused to render an account of sales or make prompt settlement thereon;
(4) Knowingly made false or misleading statements as to the condition, quality, or quantity of agricultural products received, handled, stored, or held by him for sale;
(5) Made false or misleading statements concerning market conditions, with the intent to deceive;
(6) Combined or conspired to fix prices either directly or indirectly;
(7) Purchased for his own account agricultural products received by him upon consignment without prior notice to the consignor in writing, or at an agreed price fixed by the consignor;
(8) Made fictitious sales or has been guilty of collusion to defraud the consignor;
(9) Has reconsigned agricultural products without the written consent of the consignor or without notice to the consignor that all or part of his shipment has been reconsigned;
(10) Sold consigned goods to another person, exchange, association, or corporation in which the consignee has a financial interest without notice in writing to the consignor of such interest.
2023 West Virginia Code › Chapter 19. Agriculture › Article 3. Sale of Farm Products by Commission Merchants › §19-3-4. Suit on Bond; Limitation on Recovery

A person injured by the failure of a commission merchant to pay over the full amount received on any sale, less commissions and charges may recover on the bond of the commission merchant the amount due him by a suit brought in the name of the State of West Virginia for the use of the injured person. No recovery shall be had on the bond in excess of the penalty thereof. In case of multiple claims in excess of the bond, each claimant shall recover his pro rata share.
2023 West Virginia Code › Chapter 19. Agriculture › Article 3. Sale of Farm Products by Commission Merchants › §19-3-5. Penalty; Moneys Collected to Be Deposited in &Quotgeneral Marketing fund."

A commission merchant who violates any of the provisions of this article shall be guilty of a misdemeanor and, upon conviction shall be fined not more than $100 for the first offense, and not less than $100 nor more than $200 for each subsequent offense. Each transaction engaged in by an unlicensed commission merchant shall constitute a separate offense.
All moneys collected under this article shall be deposited with the treasurer of the State of West Virginia and shall be kept in a separate fund to be designated as the "general marketing fund" and reappropriated to the Department of Agriculture for the administration of this article.
2023 West Virginia Code › Chapter 19. Agriculture › Article 4. Cooperative Associations › §19-4-1. Definitions

As used in this article:
(a) "Agricultural products" means horticultural, viticultural, forestry, dairy, livestock, poultry, bee, and any farm products in their natural form or processed.
(b) "Goods and services" means food and beverages, arts and crafts, woodworking and furniture-making, and recycling, composting and repurposing materials.
(c) "Member" means a member of an association without capital stock and a holder of common stock in an association organized with capital stock.
(d) "Cooperative association" or "association" means any corporation organized under this article. Each association shall also comply with the requisite business corporation provisions of chapter 31D or 31F of this code, or the nonprofit corporation provisions of chapter 31E of this code.
Except within a 35 mile radius of a facility that has been permitted and classified by the West Virginia Department of Environmental Protection as a mixed waste processing resource recovery facility, a recycling cooperative association may be organized as a nonprofit corporation pursuant to chapter thirty-one-e of this code. The recyclable goods must be generated by members of the recycling cooperative association and shall be limited to recyclable goods not collected by a certified waste motor carrier as defined pursuant to 24A-1-2 of this code in the same area the recycling cooperative is located. If a motor carrier receives a certificate of need to serve the same area with the same services as the cooperative, then the cooperative shall cease providing those services.
(e) "Qualified person" means a person who is engaged in the producing, preserving, harvesting, drying, processing, manufacturing, canning, packing, grading, storing, handling, utilizing, marketing, financing, selling, distributing, shipping, procuring or providing of agricultural products, or other goods and services, or the by-products thereof.
(f) "Qualified activity" means those engaged in the producing, preserving, harvesting, drying, processing, manufacturing, canning, packing, grading, storing, handling, utilizing, marketing, financing, selling, distributing, shipping, procuring or providing of agricultural products, or other goods and services, or the by-products thereof.
2023 West Virginia Code › Chapter 19. Agriculture › Article 4. Cooperative Associations › §19-4-2. Who May Organize

Three or more qualified persons engaged in the production of agricultural products or the provision of goods and services may form a cooperative association with or without capital stock. Three or more cooperative associations may form an agricultural credit association, with or without capital stock, under this article and in compliance with the credit union provisions of chapter thirty-one-c of this code.