reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 18C. Student Loans; Scholarships and State Aid › Article 9. West Virginia Invests Grant Program › §18C-9-3. Definitions

As used in this article:
"Academic fees" means fees charged to students for specific courses or programs to support such expenses such as lab or equipment costs.
"Council" means the West Virginia Council for Community and Technical College Education.
"Commission" means the West Virginia Higher Education Policy Commission.
"Eligible institution" means a public community and technical college under the authority of the West Virginia Council for Community and Technical College Education, or a public or not-for-profit private baccalaureate institution authorized by the Higher Education Policy Commission that grants associate degrees satisfying the requirements of participating in Advanced Career Education (ACE) program partnerships in accordance with 18-2E-11 of this code, or a not-for-profit, hospital-based allied health program authorized by the West Virginia Council for Community and Technical College Education.
"Eligible post-secondary program" means a curriculum of courses leading to a certificate or associate degree at an eligible institution which satisfies a course of study that has been deemed by the Department of Commerce to satisfy a workforce need as determined by the department in accordance with 18-2E-11(d) of this code.
"Tuition" means the semester or term charges imposed by an eligible institution and, additionally, all mandatory fees required as a condition of enrollment by all students.
2023 West Virginia Code › Chapter 18C. Student Loans; Scholarships and State Aid › Article 9. West Virginia Invests Grant Program › §18C-9-6. WV Invests Fund; Established

(a) The WV Invests Fund is hereby created in the State Treasury as a special revenue account. The fund shall be administered by the vice chancellor for administration and may consist of:
(1) All appropriations by the Legislature for the WV Invests Fund;
(2) Any gifts, grants, or contributions received for the WV Invests Fund; and
(3) All interest or other income earned from investment of the WV Invests Fund.
(b) The WV Invests Fund shall be expended for the purpose of administering the WV Invests Grant Program, including the awarding of grants authorized by this article. Any funds remaining in the fund at the close of the fiscal year are carried forward for use in the next fiscal year.
(c) Nothing in this section requires any specific level of funding by the Legislature nor guarantees or entitles any individual to any benefit or grant of funds.
2023 West Virginia Code › Chapter 19. Agriculture › Article 1. Department of Agriculture › §19-1-3. Employees; Itemized Statement of Expenditures; Monthly Statement and Payment of Moneys Received by Commissioner

The commissioner shall organize his or her department and may employ a general counsel and other such legal, business, science, and technical professionals, para-professionals, and experts, and employees as may be necessary to perform the duties of the office. He or she shall fix their compensation and may require them to give bond for the faithful performance of their duties.
The commissioner shall certify to the State Auditor, from time to time, an itemized account of all expenditures made by him or her for employee hire and other purposes, whereupon the Auditor shall draw his or her warrant on the State Treasurer for the payment thereof out of the funds appropriated by the Legislature for that purpose, but in no case to exceed such appropriation.
The commissioner shall, within 10 days after the expiration of each month, submit to the Auditor and Treasurer an itemized statement of all moneys received by him or her during that month, and at the same time pay such money into the State Treasury.
2023 West Virginia Code › Chapter 19. Agriculture › Article 1. Department of Agriculture › §19-1-3a. Marketing and Economic Development Duties

(a) The department shall establish marketing, promotional, and economic development programs to advance West Virginia agriculture in the domestic and international markets; provide grading, inspection, and market news services to the various elements of the West Virginia agricultural industry; and regulate and license individuals involved in the marketing of agricultural products. Upon request of the commissioner, the Department of Economic Development may coordinate with the Department of Agriculture in the development of such programs.
(b) Any documentary material, data, or other writing made or received by the department in furtherance of its economic development duties and for the purpose of furnishing assistance to a new or existing business shall be exempt from the provisions of 29B-1-1
et seq
. of this code.
2023 West Virginia Code › Chapter 19. Agriculture › Article 1. Department of Agriculture › §19-1-4a. Commissioner Authorized to Accept Gifts, etc., and Enter Into Cooperative Agreements

Notwithstanding any provision of this code to the contrary, the Commissioner of Agriculture is hereby empowered and he or she shall have authority to accept and receive donations, gifts, contributions, grants, and appropriations of money, services, materials, real estate, or other things of value from the United States Department of Agriculture, the United States Food and Drug Administration, the United States Environmental Protection Agency, any other agency of the United States government, or any of their divisions or bureaus, and he or she shall have authority to use, utilize, develop, or expend such money, services, material, or other contributions in conformity with the conditions and provisions set forth in such grants, appropriations, or donations.
The commissioner may accept and receive donations, gifts, contributions, and grants of money, services, materials, real estate, and other things of value from individuals, partnerships, associations, or corporations, and he or she shall have authority to utilize such contributions to encourage, promote, and develop the agricultural interests or industries of the state.
The commissioner is hereby empowered, and he or she shall have authority to enter into agreements with any department of state government for the purpose of carrying out any regulatory laws where or when any related functions or duties exist. He or she shall also have authority to enter into agreements with any city council or county commission of the State of West Virginia, for carrying out the provisions of the agricultural laws over which he or she has enforcement authority.
2023 West Virginia Code › Chapter 19. Agriculture › Article 1. Department of Agriculture › §19-1-4b. Authority of Commissioner to Increase Certain Fees by Rules or Regulations

The commissioner is hereby authorized to promulgate and adopt rules in accordance with the provisions of chapter twenty-nine-a of this code, fixing dues for permits, licenses, certificates, registrations and laboratory tests when, in the opinion of the commissioner, it becomes necessary to increase these fees in order to cover the costs of providing the services involved or issuing the permits, licenses, certificates or registrations applicable.
2023 West Virginia Code › Chapter 19. Agriculture › Article 1. Department of Agriculture › §19-1-4c. Agriculture Fees Fund

There is hereby created a special revenue account within the state Treasury to be known as "Agricultural Fees Fund". Expenditures from the fund shall be used exclusively by the commissioner of agriculture for the purpose of enforcement and administration of this chapter. Moneys paid into the account shall be from all moneys collected under this chapter, except those designated in article one-a; article two-g; article twenty-one; article twenty-one-a; article twenty-one-b; article twenty-three; article twenty-five; article twenty-six; article twenty-seven; and section twenty-three, article sixteen-a.
2023 West Virginia Code › Chapter 19. Agriculture › Article 1. Department of Agriculture › §19-1-4d. Farmland Preservation Fees Fund

There is hereby created a special revenue account within the state Treasury to be known as "Farmland Preservation Fees Fund". Expenditures from the fund shall be used exclusively by the commissioner of agriculture for the purpose of funding farmland preservation boards in any county which has adopted and implemented a farmland protection program pursuant to the farmland preservation act as enacted beginning with section seventy-two, article twenty-four, chapter eight of this code.
2023 West Virginia Code › Chapter 19. Agriculture › Article 1. Department of Agriculture › §19-1-4e. Department of Agriculture Capital Improvements Fund

There is hereby created in the State Treasury a special revenue account to be known as the Department of Agriculture Capital Improvements Fund. The fund shall be administered by the Department of Agriculture. The fund shall consist of all moneys transferred into the fund pursuant to §19-12A-6a of this code, any moneys that may be appropriated and designated for the fund by the Legislature, and all interest or other return earned from investment of the fund.
Expenditures from the fund shall be for the purpose of funding construction and capital improvements to facilities owned or occupied by the Department of Agriculture and are not authorized from collections, but are to be made only in accordance with appropriation by the Legislature and in accordance with the provisions of §12-3-1 et seq. of this code and upon the fulfillment of the provisions set forth in §11B-2-1 et seq. of this code. Any balance, including accrued interest and other returns, remaining in the fund at the end of each fiscal year shall not revert to the General Revenue Fund, but shall remain in the fund and be expended as provided by this section.
2023 West Virginia Code › Chapter 19. Agriculture › Article 1. Department of Agriculture › §19-1-5. Cooperative Statistical Work

The commissioner of agriculture is hereby authorized to conduct cooperative work with the United States Department of Agriculture in gathering and disseminating information concerning agriculture, and it shall be the duty of the commissioner of agriculture and the Tax Commissioner to prepare and supply to the several assessors of the state printed forms, books, blanks, papers and reports, which are hereby required to be printed by the state printer out of the printing fund of the state, to be used in the gathering of such agricultural and other statistics as the commissioner of agriculture may require.
2023 West Virginia Code › Chapter 19. Agriculture › Article 1. Department of Agriculture › §19-1-6. Duty of Assessor to Gather Statistics

Commencing on July 1, of each year, the assessors shall proceed to gather such statistics as the commissioner of agriculture and the Tax Commissioner may require, and the printed books, forms, blanks, papers and reports when so completed shall be returned to the commissioner of agriculture, on or before March 1 next ensuing.
2023 West Virginia Code › Chapter 19. Agriculture › Article 1. Department of Agriculture › §19-1-9. Agriculture Advisory Board

There shall be a state agriculture advisory board to consist of the Governor, the commissioner of agriculture and the director of the cooperative extension service of West Virginia University, ex officio. It shall be the duty of the members of such board to meet together at the seat of government at least four times each year at regular intervals to consider the conditions and needs of the agricultural interests of the state, and how and in what manner the functions, powers and duties assigned by law to each Department of Agriculture may be most efficiently and economically administered for the benefit of the state so that there may be neither overlapping, duplication nor interference of, by or with the work of the one department with that of the other, and that the department best calculated to exercise and discharge certain powers, duties or functions be thereunto appointed and authorized, and that the other department shall desist from further activities in that behalf.
The decision of any two members of such board shall be final, and the department against which such decision shall be shall cease all activities not in conformity with such decision, and the other department shall proceed to carry on the work in conformity therewith.
2023 West Virginia Code › Chapter 19. Agriculture › Article 1. Department of Agriculture › §19-1-11. Rural Rehabilitation Loan Program

(a) The Rural Rehabilitation Loan Program is an important tool for the Department of Agriculture to promote investment in the agricultural industry in the state. Rules are needed for the loan program to remain viable.
(b) The commissioner shall propose emergency and legislative rules for approval in accordance with 29A-3-1
et seq
. of this code. The rules shall, at a minimum:
(1) Establish minimum requirements and qualifications for the loan committee, including the addition of public members who have agricultural or business loan experience;
(2) Prohibit department employees and loan committee members, and their immediate family members, from receiving program loans;
(3) Establish minimum financial requirements for receiving a program loan;
(4) Require loans to be used for agricultural or related purposes;
(5) Require collateral sufficient to secure the loan;
(6) Establish policies for the application, applicable interest rates, delinquencies, refinancing, collection proceedings, collateral requirements, and other aspects of the loan program;
(7) Require the department to advertise the loan program to the public, including information on the departments website and in the departments market bulletin; and
(8) Transfer the servicing of the program loans to a financial institution via competitive bid or to the State Treasurers office or other governmental entity.
(c) The commissioner shall not be required to utilize the services of the state agency for surplus property for the disposition of items purchased by participants in the loan program and subsequently repossessed by the committee to be sold in order to satisfy the balance of an outstanding loan.
2023 West Virginia Code › Chapter 19. Agriculture › Article 1. Department of Agriculture › §19-1-13. Annual Reporting to the Legislature

On or before January 31 of each year, the commissioner shall file a report with the President of the State Senate, the Speaker of the House, and the Joint Committee on Government and Finance detailing the activities of the department, including all boards and commissions under the commissioners authority, during the preceding fiscal year. The report shall include all donations, gifts, contributions, grants, and appropriations of money, services, materials, real estate, or other things of value accepted and received by the department. A copy of the commissioners annual report shall also be provided to the Division of Archives and History to be kept as a permanent record of the state.
2023 West Virginia Code › Chapter 19. Agriculture › Article 1A. Division of Forestry › §19-1A-1. Legislative Findings

The Legislature finds that West Virginia has extensive forest resources and their continued development and expansion is vital to the economic well-being of the state and its people.
The Legislature also finds that the production potential of the state's forest resources remains far greater than the present demand.
The Legislature further finds that the promotion of existing forest products industries and the promotion of new forest products industries would benefit the state in terms of employment and additional revenue to the state.
The Legislature further finds and declares that, to increase employment and boost the state's economy, the limits to the development of the potential of West Virginia forest resources must be reduced through an intensive campaign aimed at making new contacts, developing new and existing markets and increasing public awareness of the advantages of the forest resources in West Virginia.
The Legislature further finds that the state forests are an important resource for silvicultural and scientific research; developed and undeveloped outdoor recreation; propagation of forest trees, fish and wildlife; wildlife and fisheries management; aesthetic preservation; hunting and fishing; timber production; and demonstration of state-of-the-art forestry management and therefor should be managed on a multiple-use basis.
2023 West Virginia Code › Chapter 19. Agriculture › Article 1A. Division of Forestry › §19-1A-2. Legislative Purposes

The purposes of this article are to provide for promoting West Virginia products; promoting new forest products industries; developing existing forest products industries; promoting coordination of all state forests resources; advising the Governor and Legislature on all aspects of forestry, the management of state forests for conservation and preservation of wildlife, fish, forest species, natural areas, aesthetic and scenic values and to provide developed and undeveloped outdoor recreational opportunities, and hunting and fishing for the citizens of this state and its visitors.
2023 West Virginia Code › Chapter 19. Agriculture › Article 1A. Division of Forestry › §19-1A-3b. Timber Theft; Investigations; Criminal and Civil Penalties

(a) Timber theft is the misappropriation or taking of timber belonging to another, or proceeds derived from the sale of timber, either taken without the consent of the owner, or by means of fraudulent conduct, practices, or representations, with the intent to deprive the owner permanently of the timber or proceeds derived therefrom.
(b) The Division of Forestry has the primary responsibility for the collection, preparation, and central registry of information relating to timber theft. The division has the authority to investigate and enforce the provisions of this section when violations of the provisions of §61-3-52 of this code occur.
2023 West Virginia Code › Chapter 19. Agriculture › Article 1A. Division of Forestry › §19-1A-4. Additional Duties of the Director of the Division of Forestry Generally

(a) The director shall:
(1) Develop, promote and advance the growth of the forest products industries of this state;
(2) Cooperate with educational institutions, development agencies and private and public organizations to promote the expansion of the forest products industries of this state in local and global markets;
(3) Conduct research on marketing and developing forest products and forest products industries; conserving, managing and utilizing the state's forest land and its multiple uses; and improving the forestry knowledge and practices of private landowners; and
(4) Compile its findings and recommendations, and disseminate the results of its research to the public, the forest products industry, the Governor and the Legislature.
(b) The director has the power to carry out and effectuate the purposes of this article, article one-b of this chapter and article three of chapter twenty of this code, including the power to:
(1) Accept and use gifts, donations or contributions from individuals, organizations or corporations, and to acquire by gift, lease or purchase real estate;
(2) Establish law-enforcement practices and procedures to address the law-enforcement requirements of the division;
(3) To promulgate rules and regulations, subject to the provisions of chapter twenty-nine-a of this code; and
(4) Enter into stewardship end-result contract projects with the United States Forest Service by written agreement or contract and submit an annual report to the Joint Committee on Government and Finance, no later than the first day of October each year, specifying the locations of projects, the amount of funding received, number of contracts and the purpose of each contract.
2023 West Virginia Code › Chapter 19. Agriculture › Article 1A. Division of Forestry › §19-1A-5. Director of Division of Forestry; Appointment; Qualifications

The Director of the Division of Forestry shall be appointed by the Governor, by and with the advice and consent of the Senate, and shall serve at the will and pleasure of the Governor. The director shall be a graduate of a school of forestry accredited by the Society of American Foresters and have a minimum of ten years' experience in forest management. The director shall be paid an annual salary as provided in section two-a, article seven, chapter six of this code: Provided, That the director's salary shall be paid solely from budget appropriations to the division.
2023 West Virginia Code › Chapter 19. Agriculture › Article 1B. Sediment Control During Commercial Timber Harvesting Operations › §19-1B-2. Legislative Findings, Intent and Purpose of Article

The Legislature hereby finds that some activities associated with the commercial harvesting of timber results in the exposure of soil and that, if uncontrolled, such exposed soil can erode resulting in gullying, soil slippages and sediment deposition in streams.
It is the policy of this state to strengthen and extend the present sediment control activities of this state by implementing operator licensing, logger certification and logging operations notification programs through the Division of Forestry.
2023 West Virginia Code › Chapter 19. Agriculture › Article 1B. Sediment Control During Commercial Timber Harvesting Operations › §19-1B-3. Definitions

(a) "Best management practices" means sediment control measures, structural or nonstructural, used singly or in combination, to reduce soil runoff from land disturbances associated with commercial timber harvesting.
(b) "Chief" means the Director of the Division of Water and Waste Management of the Department of Environmental Protection, or his or her designee.
(c) "Director" means the Director of the Division of Forestry of the Department of Commerce or his or her designee.
(d) "Operator" means any person who conducts timbering operations.
(e) "Timbering operation," or the plural, means activities directly related to the severing or removal of standing trees from the forest as a raw material for commercial processes or purposes. For the purpose of this article, timbering operations do not include the severing of evergreens grown for and severed for the traditional Christmas holiday season; the severing of trees incidental to ground-disturbing construction activities, including well sites, access roads and gathering lines for oil and natural gas operations; the severing of trees for maintaining existing, or during construction of, rights-of-way for public highways or public utilities or any company subject to the jurisdiction of the Federal Energy Regulatory Commission unless the trees so severed are being sold or provided as raw material for commercial wood product purposes; or the severing of trees by an individual on the individual's own property for his or her individual use provided that the individual does not have the severing done by a person whose business is the severing or removal of trees.
(f) "Sediment" means solid particulate matter, usually soil or minute rock fragments, moved by wind, rainfall or snowmelt into the streams of the state.
2023 West Virginia Code › Chapter 19. Agriculture › Article 1B. Sediment Control During Commercial Timber Harvesting Operations › §19-1B-4. Timbering License Required; Requirement for License; Exemption; Annual Fee; Rules

(a) A person may not conduct timbering operations, purchase timber, or buy logs for resale until he or she has obtained a license and met the requirements of this article.
(b) Exemptions. — A person who severs or removes, or hires or contracts with another to sever or remove, standing trees from his or her own land is exempted from the timbering operations licensure requirement of this section during any calendar year in which all trees severed or removed by or on behalf of the owner of record has a total gross sales value received by the exemption holder of less than $52,000. A person hired or contracted to sever or remove standing trees from the land of another is exempted from the timbering operations licensure requirement of this section during any calendar year in which all trees severed or removed by the hired or contracted person has a total gross sales value received by the exemption holder of less than $52,000.
(c) An applicant for a timbering operation license shall submit an application and the fee of $150 for each biennial renewal of the license. The application shall contain the following information:
(1) Name, address, and telephone number of the applicant and, if the applicant is a business entity other than a sole proprietor, the names and addresses of the principals, officers, and resident agent of the business entity;
(2) The applicants West Virginia business registration number or a copy of the current West Virginia business registration certificate. The Division of Forestry shall submit this information and a list of all applicants to the Tax Commissioner each month of the calendar year to ensure compliance with payment of severance, income withholding, and all other applicable state taxes; and
(3) Any other information as required by the director.
(d) The director shall propose rules for legislative approval pursuant to the provisions of §29A-3-1 et seq. of this code regarding the acquisition, suspension, and revocation of a license under this article. The rules are the proper subject of emergency legislative rules that may be promulgated in accordance with the provision of §29A-3-15 of this code.
(e) The director shall prescribe a form providing the contents and manner of posting notice at the timbering operation. The notice shall include, at a minimum, the operators name and license number.
2023 West Virginia Code › Chapter 19. Agriculture › Article 1B. Sediment Control During Commercial Timber Harvesting Operations › §19-1B-6. Notification of Duration of Timbering Operations or Harvesting of Timber for Sale; Requirements Thereof

(a) In addition to any other requirement of this article, no person may conduct timbering operations and no person may sever trees for sale unless the person notifies the director of the specific location on which the timbering operations or harvesting of timber are to be conducted. The notification shall be made in a manner designated by the director.
(1) All persons who conduct timbering operations or who harvest timber for sale, including those persons who are specifically exempted from the licensure requirements of §19-1B-4 of this code, shall provide to the director of the division notification of harvesting of timber, which shall include:
(A) The name and address of the harvester of timber;
(B) The name and addresses of the owner or owners of the property upon which the timber is located;
(C) The business tax number or social security number of the harvester of timber; and
(D) An acknowledgment that the harvester of timber will conduct the harvest according to best management practices.
(2) In addition to the requirements of subdivision (1) of this subsection, persons who are subject to the licensure requirements of §19-1B-4 of this code shall provide to the director of the division notification of timbering operations, which shall include, at a minimum, the following:
(A) The specific topographic location where the timbering operations are to be conducted;
(B) The approximate dates that the timbering operation will begin and end;
(C) The approximate acreage over which timbering operations are contemplated;
(D) The names and addresses of the owner or owners of the timber to be harvested and, if different, the names and addresses of the owner or owners of the property upon which the timber is located;
(E) A sketch map of the proposed logging operation, including haul roads, landings, and stream crossings;
(F) A description of the sediment control practices to be used by the logger during the timber harvesting operation;
(G) An acknowledgment that the operator will conduct the operations in compliance with the provisions of this article and any applicable rules promulgated pursuant to this article;
(H) A certification satisfactory to the director that all permits required under state law have been obtained or applied for and that all pertinent requirements for obtaining any permit applied for, but not yet obtained, have been complied with; and
(I) The name or names of the person or persons who will be supervising the timbering operations at the site of the operations and his or her logger certification numbers.
(b) The notification shall be made at least three days before the start of the operation.
(c) Further notice shall be given if the operation is to be, for any reason, closed more than seven days before the estimated date for closing provided under paragraph (B), subdivision (2), subsection (a) of this section.
2023 West Virginia Code › Chapter 19. Agriculture › Article 1B. Sediment Control During Commercial Timber Harvesting Operations › §19-1B-8. Timbering Operations Enforcement Fund

There is created in the state Treasury a special revolving fund designated the "Timbering Operations Enforcement Fund." All fees collected pursuant to this article shall be deposited into the fund: Provided, That amounts deposited in the fund which are found from time to time to exceed the amounts necessary to effectuate the purposes of this article may be redesignated for other purposes by appropriation by the Legislature.
This fund shall be appropriated to the Division of Forestry to be used for the administration and enforcement of the provisions of this article and for no other purpose.
2023 West Virginia Code › Chapter 19. Agriculture › Article 1B. Sediment Control During Commercial Timber Harvesting Operations › §19-1B-10. Orders of the Director

Notwithstanding the provisions of §19-1B-5 of this code, whenever the director determines that any person has violated a provision of this article or any rules promulgated pursuant thereto, he or she may enter an order directing the person to cease the violation and, where appropriate, to take such action to remediate damage created or to take action appropriate for the specific site.
Any person having an interest which is or may be adversely affected by any order of the director may file an appeal in accordance with the provisions of §19-1B-11 of this code. Any person or entity aggrieved by an order issued under the provisions of §19-1B-5(b) or §19-1B-5(c) of this code may file an appeal under the provisions of §19-1B-11 of this code.
Any persons or entity aggrieved by a suspension or revocation order issued under the provisions of §19-1B-5(e) or §19-1B-5(f) of this code may file an appeal in accordance with the provisions of §29A-5-1 et seq. and §29A-6-1 et seq. of this code.
2023 West Virginia Code › Chapter 19. Agriculture › Article 1B. Sediment Control During Commercial Timber Harvesting Operations › §19-1B-11. Creation of Conference Panels; Authority

(a) Each forestry region in this state shall contain an informal conference panel composed of three persons to decide appeals of the director's orders. One member of the panel shall be selected by the director, one member shall be selected by the chief and one member shall be selected by agreement between the chief and the director. If a vacancy exists on the panel, the vacancy shall be filled by whomever made the initial selection. The members of the panel shall serve without compensation.
(b) Upon appeal of a decision under this section or upon petition by the chief, pursuant to the provisions of subsection (a), section five of this article, the panel shall hold an informal conference affirming, modifying or vacating an order of the director, or issuing an order in the name of the director. The panel shall forthwith notify the parties of its decision and as soon as practicable send written notice of its decision to the parties. The decision of the panel is final.
(c) A party aggrieved by a decision of a panel may appeal to the circuit court of the county wherein the cause for the order arose. The appeal must be filed with the circuit court within twenty days of the date of decision of the panel and shall be heard de novo by the court. The court may reverse, vacate or modify the decision of the panel. The decision of the circuit court is final unless reversed, vacated or modified on appeal to the Supreme Court of Appeals in the manner provided by law.
2023 West Virginia Code › Chapter 19. Agriculture › Article 1B. Sediment Control During Commercial Timber Harvesting Operations › §19-1B-13. Cooperation of Other State Agencies

All state agencies shall cooperate with the director in the director's efforts to ensure that persons conducting timbering operations are doing so in compliance with all applicable provisions of state law, and the director shall cooperate with such other state agencies to enforce their statutory and regulatory responsibilities and duties. Cooperation shall include the sharing of information necessary or helpful to the accomplishment of such responsibilities and duties. The director shall notify the chief of commencement of timbering operations. The chief and the director each shall submit an annual report on the progress and effectiveness of the programs incorporated in this article to the Governor, the Speaker of the House of Delegates and the President of the Senate.
2023 West Virginia Code › Chapter 19. Agriculture › Article 1C. Care of Livestock › §19-1C-1. Legislative Findings

(a) The Legislature finds that the following are important to protect the health and welfare of the citizens of West Virginia:
(1) Establishing standards governing the care and well-being of livestock in this state;
(2) Maintaining food safety;
(3) Encouraging locally grown and raised food; and
(4) Protecting West Virginia farms and families.
(b) Therefore, to protect the public interest, the Legislature finds that it is necessary to create a Livestock Care Standards Board.
2023 West Virginia Code › Chapter 19. Agriculture › Article 1C. Care of Livestock › §19-1C-2. Definitions

For the purposes of this article:
(1) "Board" means the Livestock Care Standards Board.
(2) "Commissioner" means the Commissioner of Agriculture.
(3) "Department" means the West Virginia Department of Agriculture.
(4) "Livestock" has the same definition as set out in 19-10B-2(d) of this code.
2023 West Virginia Code › Chapter 19. Agriculture › Article 1C. Care of Livestock › §19-1C-3. Livestock Care Standards Board

(a) On July 1, 2010, there is hereby created the Livestock Care Standards Board.
(b) Commencing July 1, 2021, the board consists of the following 13 members, to be appointed by the Governor, by and with the consent of the Senate:
(1) The Commissioner of the Department of Agriculture or his or her designee, ex officio non-voting, who is the chairperson of the board;
(2) The State Veterinarian, ex officio non-voting;
(3) One member who is a veterinarian licensed in this state engaging in large animal practice;
(4) The dean of the agriculture department of a college or university located in this state;
(5) One member representing a county humane society that is organized under state law;
(6) One member who is knowledgeable about food safety in this state;
(7) Two members who are law-enforcement officers:
Provided
, That one member shall be appointed for an initial term of two years, and the other shall be appointed for an initial term of five years;
(8) One member selected from a list of three individuals submitted from the largest statewide poultry organization;
(9) One member selected from a list of three individuals submitted by the largest statewide livestock organization; and
(10) Three members, at least two of whom are family farmers, selected from a list of 10 individuals submitted by the largest organization in the state representing farmers.
(c) After the initial appointment terms, the appointment term is five years. Appointed members may be reappointed for additional terms.
(d) All members must be residents of this state during their terms.
(e) All appointed members serve until their successor has been appointed and qualified. Vacancies shall be filled in the same manner as the original appointment for the remainder of the unexpired term.
2023 West Virginia Code › Chapter 19. Agriculture › Article 1C. Care of Livestock › §19-1C-4. Powers and Duties of the Board

(a) The board has the following powers and duties to:
(1) Establish standards governing the care and well-being of livestock;
(2) Maintain food safety;
(3) Encourage locally grown and raised food; and
(4) Protect West Virginia farms and families.
(b) The commissioner, in consultation with the board, is authorized to establish standards by legislative rule, pursuant to the provisions of 29A-3-1
et seq
. of this code, governing the care and well-being of livestock in this state, including:
(1) The agricultural best management practices for the care and well-being of livestock and poultry in this state;
(2) Procedures for addressing complaints regarding the inhumane treatment of livestock and coordinating efforts with county humane officers:
Provided
, That documents and communication regarding any investigation thereof, are considered confidential and are exempt from disclosure pursuant to 29B-1-1
et seq
. of this code;
(3) Biosecurity, disease prevention, animal morbidity, and mortality data;
(4) Food safety practices; and
(5) The protection of local, affordable food supplies for consumers.
(c) The board shall review any rule proposed by the commissioner for legislative approval pursuant to this section. After reviewing the proposed legislative rule, the board may provide a recommendation to the Legislative Rule-Making Review Committee that the Legislature:
(1) Authorize the promulgation of the legislative rule;
(2) Authorize the promulgation of part of the legislative rule;
(3) Authorize the promulgation of the legislative rule with certain amendments;
(4) Recommend that the proposed rule be withdrawn; or
(5) Reject the proposed rule.
2023 West Virginia Code › Chapter 19. Agriculture › Article 1C. Care of Livestock › §19-1C-5. Compensation of Board Members

(a) The ex officio members of the board may not receive compensation for serving on the board.
(b) The appointed members of the board shall receive compensation for each day or portion of a day engaged in the discharge of official duties, which compensation may not exceed the amount paid to members of the Legislature for their interim duties as recommended by the Citizens Legislative Compensation Commission and authorized by law.
(c) Each member of the board shall be reimbursed actual and necessary expenses incurred for each day or portion of a day engaged in the discharge of official duties in a manner consistent with the West Virginia Department of Agriculture Travel Policy and Procedure.
2023 West Virginia Code › Chapter 19. Agriculture › Article 1C. Care of Livestock › §19-1C-6. Meetings of the Board

(a) The board shall meet at least annually, and the commissioner may call additional meetings of the board upon the written request of three members.
(b) The commissioner, on behalf of the board, may file an annual report with the Joint Committee on Government and Finance that contains information about the activities of the board and department for the prior year concerning livestock care standards;
Provided
; That after December 31, 2025, no reports filed on behalf the board may be filed with the Joint Committee on Government and Finance.
2023 West Virginia Code › Chapter 19. Agriculture › Article 1C. Care of Livestock › §19-1C-7. Enforcement of Livestock Care Standards

(a) The commissioner shall administer and enforce the standards established pursuant to this article. This authority may include, but is not limited to:
(1) Coordinating with and providing assistance to law-enforcement officers;
(2) Assisting law-enforcement officers with investigations and other actions taken in response to complaints regarding the care of livestock;
(3) Working with county, municipal, and state authorities to address situations in which a livestock care complaint needs to be reassigned due to a conflict of interest;
(4) Providing training for law-enforcement officers on the livestock care standards and proper animal handling techniques; and
(5) Providing opinions to law-enforcement officers, when such opinions are requested, regarding the application of livestock care standards promulgated pursuant to this article.
(b) State, county, and local law-enforcement officers shall notify the commissioner of all complaints and investigations concerning care of livestock, and may seek the advice and opinion of the commissioner regarding application of the livestock care standards in those cases.
(c) No later than September 1, 2021, the commissioner shall notify state, county, and local law-enforcement officers of the changes made to this article of code during the 2021 Regular Legislative Session.
2023 West Virginia Code › Chapter 19. Agriculture › Article 2. Marketing Agricultural Products › §19-2-1. Definitions

For the purpose of this article the following definitions shall prevail:
(a) Person includes individual, partnership, corporation and association.
(b) Agricultural products include 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 other animals.
(c) Commissioner means the "commissioner of agriculture" of the State of West Virginia.
(d) Commission merchant means any person, firm, corporation, association, or partnership engaged in the business of receiving agricultural products on consignment and selling or distributing the same for a commission.
2023 West Virginia Code › Chapter 19. Agriculture › Article 2. Marketing Agricultural Products › §19-2-2. Duties and Powers of Commissioner

In order to develop and encourage home industry and to protect and promote the interests of producers and provide consumers with food products of uniform grade and quality at fair and reasonable prices, it shall be the duty of the commissioner and he shall have authority to promote, regulate, coordinate, establish and conduct a system of marketing agricultural products in the State of West Virginia. He shall assist producers and handlers in the grading, classification and standardization of agricultural products at public markets, concentration points, packing, grading and processing plants and other places where agricultural products are assembled for distribution.
2023 West Virginia Code › Chapter 19. Agriculture › Article 2. Marketing Agricultural Products › §19-2-3. Commissioner to Cooperate With Federal Department of Agriculture

In carrying out the provisions of this article the commissioner shall cooperate with the United States Department of Agriculture and its several bureaus and divisions and the departments of the several states. The commissioner shall investigate the methods employed by the United States Department of Agriculture for the promotion of economical and efficient marketing of agricultural products and he shall have authority to establish and publish weights, grades, standards, classifications, and rules and regulations for the production, handling, and distribution of agricultural products in this state, and he shall, so far as the same are applicable and practicable, utilize and apply the rules, regulations, classifications, standards and grades, and official methods of examinations and analysis of the United States Department of Agriculture and its several bureaus and divisions.
2023 West Virginia Code › Chapter 19. Agriculture › Article 2. Marketing Agricultural Products › §19-2-4. Quarantines

For the purpose of protecting the health of the state and to prevent the infection, contamination or reduction in the standards of products produced within the state, the commissioner of agriculture may, acting within the police power of the state, inspect and establish quarantines over all agricultural products and the means of their importation. In the establishment of such quarantine or inspection the commissioner shall give notice in writing of such quarantine or inspection area, specify its boundaries, the duration of the inspection, and the purpose thereof, and provide for notification of the proper authorities and the posting of the area.
2023 West Virginia Code › Chapter 19. Agriculture › Article 2. Marketing Agricultural Products › §19-2-5. Inspection and Grading of Agricultural Products; Charges

The commissioner may comply with the request of any person for official inspection of agricultural products and he or his agents shall have authority to inspect and determine the grade and quality of agricultural products at public markets, concentration points, packing, grading, and processing plants and other places where agricultural products are assembled for distribution; the commissioner shall establish and publish a schedule of charges for such inspection and grading service; and it shall be his duty and he shall have authority to collect such charges for such inspection and grading services, which moneys shall be paid into the state Treasury and reappropriated to the Department of Agriculture for the administration of this article.
2023 West Virginia Code › Chapter 19. Agriculture › Article 2. Marketing Agricultural Products › §19-2-6. Inspection and Quarantine Powers of Commissioner

The commissioner or his agents shall during business hours have access to any place, premises, or conveyances where agricultural products are produced, handled, stored, transported, distributed, or sold, and to examine the books and records of any person affected by the provisions of this article. They shall have the power and authority to detain, embargo, or quarantine agricultural products when suspected of or found to be in violation of the provisions of this article, by affixing thereto a tag or other appropriate marking and giving notice thereof in writing. It shall be unlawful for any person to remove or dispose of such detained, embargoed, or quarantined agricultural product by sale or otherwise without the permission of the commissioner or his agent or the courts. When an agricultural product detained, embargoed, or quarantined, as aforesaid, has been found by such agent to be in violation of the provisions of this article, he shall petition any court of competent jurisdiction, for the condemnation or disposal of such product.
2023 West Virginia Code › Chapter 19. Agriculture › Article 2. Marketing Agricultural Products › §19-2-7. Prohibited Sales

It shall be unlawful for any person to sell, offer, or expose for sale, or exchange or have in his possession with intent to sell, offer or expose for sale or exchange any agricultural product in this state which is:
(1) Infected with any contagious or communicable disease; or
(2) Which consists in whole or in part of any filthy, putrid or decomposed substance; or
(3) Which has been prepared, packed, or held under unsanitary conditions whereby it may have become contaminated or rendered injurious to health; or
(4) If it or its container is composed in whole or in part, of any poisonous or deleterious substance injurious to health; or
(5) If any valuable constituent has been in whole or in part omitted or abstracted therefrom; or
(6) If any substance has been substituted wholly or in part therefor; or
(7) If damage or inferiority has been concealed in any manner; or
(8) If its labeling is false or misleading; or
(9) If it is offered for sale under the name of another food; or
(10) If it is an imitation of another food, unless its label bears in prominent type the word "imitation"; or
(11) If its container is so made, formed, or filled as to be misleading; or
(12) If the labeling thereon does not identify the producer, manufacturer or handler thereof, and an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count; or
(13) If any substance has been added thereto or mixed or packed therewith so as to increase its bulk or weight, or reduce its quality or strength, or make it appear better or of greater value than it is.
Nothing herein contained shall prohibit the sale of livestock for immediate slaughter in accordance with the meat inspection regulations of the United States Department of Agriculture.