reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 19. Agriculture › Article 23. Horse and Dog Racing › §19-23-14. Disposition of Permit Fees, Registration Fees and Civil Penalties

(a) All permit fees and fees paid for the registration of colors or assumed names collected by the Racing Commission shall be paid by the commission to the State Treasurer for deposit in the Racing Commissions general administrative account.
(b) All civil penalties imposed by the stewards, or the commission against thoroughbred horse racing licensees or permit holders shall be paid into a fund for expenses associated with the post-mortem examination of thoroughbreds that suffer breakdowns on a racetrack, in training or in competition, and that are euthanized, or thoroughbreds that expire while stabled on a racetrack under the jurisdiction of the Racing Commission: Provided, That any balance in the fund at the end of any fiscal year in excess of $10,000, less any outstanding obligations, shall be divided equally and may be expended by the Racing Commission for the following:
(1) To aid in the rescue, retraining, rehabilitation and aftercare of thoroughbred racehorses that are no longer able to compete on the racetracks in this state pursuant to rules promulgated by the Racing Commission to govern such expenditures.
(2) To aid in the payment of hospitalization, medical care and funeral expenses occasioned by injuries or death sustained by a thoroughbred racing permit holder at a licensed thoroughbred racetrack in this state pursuant to rules promulgated by the Racing Commission to govern such expenditures: Provided, That no payment shall be made for any hospitalization, medical care or funeral expenses to any thoroughbred racing permit holder who is covered under workers compensation insurance or who is covered under any insurance policy that provides full or partial payments for hospitalization, medical care or funeral expenses.
(c) All civil penalties imposed by the judges or the commission against greyhound racing licensees or permit holders shall be paid into a fund to be expended for greyhound adoption programs involving West Virginia whelped dogs owned by residents of this state pursuant to rules promulgated by the Racing Commission.
2023 West Virginia Code › Chapter 19. Agriculture › Article 23. Horse and Dog Racing › §19-23-15. Investigation by Racing Commission; Suspension or Revocation of License or Permit

(a) The Racing Commission may conduct an investigation to determine whether any provisions of this article or any of its reasonable rules and regulations have been or are about to be violated by a licensee or permit holder. The Racing Commission may suspend or revoke a license or permit if the licensee or permit holder, as the case may be:
(1) Is convicted of an offense which, under the law of this state, of any other state or of the United States of America, shall constitute a felony or a crime involving moral turpitude;
(2) Is, if a corporation, dissolved under the law of this state or ceases to be qualified to do business within this state; or
(3) Has a license or permit to which such licensee or permit holder is not lawfully entitled.
(b) The Racing Commission may also suspend or revoke a license or permit of a licensee or permit holder, as the case may be, if it finds the existence of any ground upon which the license or permit could have been refused, or any ground which would be cause for refusing a license or permit to such licensee or permit holder were such licensee or permit holder then applying for the same.
(c) A majority of the stewards at any horse or dog race meeting may suspend or revoke a permit for any reason for which the Racing Commission may suspend or revoke a permit, as specified in subsections (a) and (b) of this section, or for any other reason authorized by reasonable rules and regulations promulgated by the Racing Commission.
(d) Whenever a licensee fails to keep the bond required, if any, under the provisions of section seven of this article in full force and effect, the license of such licensee shall automatically be suspended unless and until a bond or other security, if required, is furnished to the Racing Commission, in which event the suspension shall be vacated.
(e) Any suspension of a license or permit shall continue for the period specified in the order of suspension, or until the cause therefor has been eliminated or corrected, as set forth in the order of suspension. Revocation of a license or permit shall not preclude application for a new license or permit, which application shall be processed in the same manner and the application approved or denied and the license or permit issued or refused on the same grounds as any other application for a license or permit is processed, considered and passed upon, except that any previous suspension and the revocation may be given such weight in deciding whether to approve or deny such application and issue or refuse such license or permit as is meet and proper under all of the circumstances.
2023 West Virginia Code › Chapter 19. Agriculture › Article 23. Horse and Dog Racing › §19-23-17. Judicial Review; Appeal to Supreme Court of Appeals; Legal Representation for Racing Commission

Any person adversely affected by a decision of the Racing Commission rendered after a hearing held in accordance with the provisions of section sixteen of this article shall be entitled to judicial review thereof. All of the pertinent provisions of section four, article five, chapter twenty-nine-a of this code shall apply to and govern such judicial review with like effect as if the provisions of said section four were set forth in this section, except that execution of a decision of suspension or revocation of a license shall be stayed or suspended pending a final judicial determination, and except that execution of a decision of suspension or revocation of a permit shall not be stayed or suspended pending a final judicial determination.
The judgment of the circuit court shall be final unless reversed, vacated or modified on appeal to the Supreme Court of Appeals in accordance with the provisions of section one, article six, chapter twenty-nine-a of this code.
Legal counsel and services for the Racing Commission in all appeal proceedings in any circuit court and the Supreme Court of Appeals shall be provided by the Attorney General or his assistants and in any circuit court by the prosecuting attorney of the county as well, all without additional compensation. The Racing Commission, with the written approval of the Attorney General, may employ special counsel to represent the Racing Commission at any such appeal proceedings.
2023 West Virginia Code › Chapter 19. Agriculture › Article 23. Horse and Dog Racing › §19-23-19. Tentative Approval of Application for Construction Permit; Denial of Application; Publication of Notice

(a) Upon the basis of the application and all other information before it, the Racing Commission shall make and enter an order granting tentative approval of the application if it finds:
(1) That the applicant intends to proceed in good faith to construct and establish a horse or dog racetrack complying in all particulars with the law of this state, the provisions of this article and any reasonable rules and regulations of the Racing Commission;
(2) That the plans for such proposed horse or dog racetrack are adequate and have been prepared with due regard to the safety of all persons who will use such horse or dog racetrack;
(3) That the applicant is financially able to complete such horse or dog racetrack in accordance with the plans submitted with such application; and
(4) That the construction and establishment of such proposed horse or dog racetrack would be in the best interests of horse or dog racing within this state.
(b) Otherwise, the Racing Commission shall deny the application and refuse to grant tentative approval thereof. The Racing Commission shall make and enter an order to that effect and all of the provisions of section sixteen pertaining to the denial of any application for a license and an order in connection therewith and the provisions of section seventeen pertaining to judicial review of a decision of the Racing Commission shall govern and control. The denial and refusal shall be final and conclusive unless a hearing thereon shall be demanded pursuant to the provisions of section sixteen of this article considered in pari materia with the preceding sentence of this subsection (b).
(c) If the Racing Commission grants tentative approval of such application, it shall prepare and publish a notice to the public that the Racing Commission has granted tentative approval of the application and that the Racing Commission will confirm such tentative approval and issue a construction permit to the applicant at the expiration of sixty days from the date of the first publication of such notice (which date shall be specified in said notice), unless within said time a petition for a local option election shall have been filed, in accordance with the provisions of this article, with the county commission of the county in which any integral part of said horse or dog racetrack is proposed to be constructed and established. Such notice shall be published as a Class II legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code, and the publication area for such publication shall be the county in which any integral part of such proposed horse or dog racetrack is to be constructed and is established.
2023 West Virginia Code › Chapter 19. Agriculture › Article 23. Horse and Dog Racing › §19-23-20. Petition for Local Option Election

A petition for a local option election on the question of the proposed construction and establishment of a horse or dog racetrack must be signed by qualified voters residing within the county equal to at least fifteen percent of the qualified voters within said county at the last general election. Said petition may be in any number of counterparts, but must be filed with the county commission prior to the expiration of the sixty-day period specified in the notice published by the Racing Commission in accordance with the provisions of section nineteen of this article. Said petition shall be sufficient if in substantially the following form:
"PETITION FOR LOCAL OPTION ELECTION CONCERNING THE PROPOSED CONSTRUCTION AND ESTABLISHMENT OF A (HORSE OR DOG) RACETRACK IN _________________ COUNTY, WEST VIRGINIA.
"Each of the undersigned certifies that he or she is an individual residing in ______________ County, West Virginia, and is a qualified voter in said county under the laws of this state, and that his or her name, address and the date of signing this petition are correctly set forth below.
"The undersigned petition the county commission to call and hold a local option election as required by article twenty- three, chapter nineteen of the Code of West Virginia, 1931, as amended, upon the following question: 'Shall the West Virginia Racing Commission issue a construction permit authorizing the construction and establishment of a (horse or dog) racetrack where (horse or dog) race meetings may be held or conducted and the pari-mutuel system of wagering permitted and conducted in _______________ County, West Virginia?'
Name Address Date
_______________________________________
_______________________________________
_______________________________________
(Each individual signing must specify either his post-office address or his street name and number.)"
2023 West Virginia Code › Chapter 19. Agriculture › Article 23. Horse and Dog Racing › §19-23-21. Local Option Election Procedure; Form of Ballots or Ballot Labels

(a) Upon the timely filing of a proper petition for a local option election in accordance with the provisions of section twenty of this article, the county commission of the county in which all or any integral part of a proposed horse or dog racetrack is to be constructed and established is hereby authorized to call a local option election for the purpose of determining the will of the qualified voters within said county as to the construction and establishment of all or any integral part of such horse or dog racetrack within said county. Upon the timely filing of a proper petition as aforesaid, the county commission shall enter an order calling for a local option election and providing that the same shall be held at the same time and as a part of the next primary or general election to be held in said county. A copy of the order so entered by the county commission shall be served upon the Racing Commission and the Racing Commission shall take no further action in connection with the issuance of such construction permit until said local option election shall be held. Said county commission shall give notice of such local option election by publication of such notice as a Class II-0 legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code, and the publication area for such publication shall be the county. Such notice shall be so published within fourteen consecutive days next preceding the date of said election.
(b) The local option election ballots, or ballot labels where voting machines are used, shall have printed thereon substantially the following:
"Shall the West Virginia Racing Commission issue a construction permit authorizing the construction and establishment of a (horse or dog) racetrack where (horse or dog) race meetings may be held or conducted and the pari- mutuel system of wagering permitted and conducted?
/ / Yes / / No (Place a cross mark in the square opposite your choice.)"
(c) Each individual qualified to vote in said county at a primary or general election shall likewise be qualified to vote at the local option election. The election officers appointed and qualified to serve as such at said primary or general election shall conduct said local option election in connection with and as a part of said primary or general election. The votes in said local option election shall be counted and returns made by the election officers, the results certified by the commissioners of election to said county commission which shall canvass the ballots, all in accordance with the laws of this state relating to primary and general elections insofar as the same are applicable. The county commission shall, without delay, canvass the votes cast at such local option election and certify the results thereof to the Racing Commission.
2023 West Virginia Code › Chapter 19. Agriculture › Article 23. Horse and Dog Racing › §19-23-22. Issuance or Nonissuance of Construction Permit; Duration of Construction Permit; Transfer and Assignment of Construction Permit

(a) The Racing Commission shall, after the certification of the results of such local option election, issue such construction permit if a majority of the legal votes cast at such election were in favor of the issuance of a construction permit. If a majority of the legal votes cast at such election were opposed to the issuance of a construction permit, the commission shall not issue a construction permit.
(b) A construction permit issued as aforesaid shall remain valid only for a three-month period, except that if the Racing Commission is satisfied that the construction permit holder has in good faith started and is continuing construction of the proposed horse or dog racetrack, the Racing Commission may extend the construction permit for additional successive three-month periods, but in no event shall the aggregate time of such construction permit exceed a period of twenty-four months from the date of the issuance of the construction permit.
(c) No construction permit which may be or has been issued under provisions of this article or the former provisions of this article shall be transferred or assigned in any manner whatever without the written consent of the Racing Commission.
2023 West Virginia Code › Chapter 19. Agriculture › Article 23. Horse and Dog Racing › §19-23-23. Further Elections Restricted

When a local option election in accordance with the provisions of this article or the former provisions of this article shall have been held in a county, another such election shall not be held in said county for a period of five years, and within that time the Racing Commission shall not accept or act upon any application for any other construction permit within said county, except that if an election be held seeking the approval of a permit for the construction of a horse racetrack another election may be held within such five-year period seeking the approval of a permit for the construction of a dog racetrack, and the reverse shall also be true. In the event a horse or dog racetrack shall be constructed in a county pursuant to a construction permit issued by the Racing Commission in accordance with the provisions of this article, no local option election shall thereafter be held as to any horse or dog racetrack constructed and established pursuant to such construction permit: Provided, That a local option election has been held for the type of racing to be conducted.
2023 West Virginia Code › Chapter 19. Agriculture › Article 23. Horse and Dog Racing › §19-23-24. §§19-23-18 to 19-23-23 Inapplicable to Horse Racetracks Already Constructed and Established

Nothing contained in sections eighteen through twenty-three of this article shall apply to any horse racetrack heretofore constructed and established in this state and at which horse race meetings have been held or conducted by the owners or operators thereof under and pursuant to licenses issued by the Racing Commission in accordance with the provisions of this article or the former provisions of this article. The construction and establishment of any new or additional horse racetrack within a county in which a horse racetrack has heretofore been constructed and established and operated under licenses issued by the Racing Commission, whether by the persons owning and operating such existing horse racetrack or others, shall be subject to all of the provisions of this article.
2023 West Virginia Code › Chapter 19. Agriculture › Article 23. Horse and Dog Racing › §19-23-25. Application to Enjoin Violations

§19-23-25. Application to enjoin violations.
Whenever it appears to the Racing Commission that any person has been or is violating or is about to violate any provision of this article, any reasonable rule and regulation promulgated hereunder or any order or final decision of the Racing Commission, the Racing Commission may apply in the name of the state to the circuit court of the county in which the violation or violations or any part thereof has occurred, is occurring or is about to occur, or the judge thereof in vacation, for an injunction against such person and any other persons who have been, are or are about to be, involved in any practices, acts or omissions, so in violation, enjoining such person or persons from any such violation or violations. Such application may be made and prosecuted to conclusion whether or not any such violation or violations have resulted or shall result in prosecution or conviction under the provisions of section twenty-six of this article.
Upon application by the Racing Commission, the circuit courts of this state may by mandatory or prohibitory injunction compel compliance with the provisions of this article, the reasonable rules and regulations promulgated hereunder and all orders and final decisions of the Racing Commission. The court may issue a temporary injunction in any case pending a decision on the merits of any application filed.
The judgment of the circuit court upon any application permitted by the provisions of this section shall be final unless reversed, vacated or modified on appeal to the Supreme Court of Appeals. Any such appeal shall be sought in the manner and within the time provided by law for appeals from circuit courts in other civil actions.
The Racing Commission shall be represented in all such proceedings by the Attorney General or his assistants and in such proceedings in the circuit court by the prosecuting attorneys of the several counties as well, all without additional compensation. The Racing Commission, with the written approval of the Attorney General, may employ special counsel to represent the Racing Commission in any such proceedings.
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2023 West Virginia Code › Chapter 19. Agriculture › Article 23. Horse and Dog Racing › §19-23-26. Offenses and Penalties

§19-23-26. Offenses and penalties.
(a) Any person holding or conducting, or assisting, aiding or abetting in the holding or conducting, of any horse or dog race meeting at which horse or dog racing and the pari-mutuel system of wagering on the same is permitted or conducted, without a license issued by the Racing Commission, which license remains unexpired, unsuspended and unrevoked, shall be guilty of a misdemeanor, and, upon conviction, shall be punished by a fine of not less than $1,000 for each day of such unauthorized horse or dog race meeting, or by imprisonment in jail not exceeding one year, or by both such fine and imprisonment, in the discretion of the court: Provided, That no conviction shall be had or punishment imposed upon any licensee, whose license has been suspended or revoked, for holding or conducting a horse or dog race meeting while execution of the order of suspension or revocation is stayed or suspended as provided in this article.
(b) Any person violating any provision of section four or section five of this article shall be guilty of a misdemeanor, and, upon conviction, shall be punished by a fine of not less than $500 nor more than $1,000, or by imprisonment in jail for not less than six months nor more than one year, or by both such fine and imprisonment, in the discretion of the court. The venue of any such offense shall be in the county, or any one of the counties, wherein the person violating said section four or section five carries out any duties of, or performs any work for, the Racing Commission, which constitute the basis of the charge or complaint.
(c) Any person violating any provision of subsection (b), section two of this article shall be guilty of a misdemeanor, and, upon conviction, shall be punished by a fine of not less than $100 nor more than $500, or by imprisonment in jail for not less than one month nor more than two months, or by both such fine and imprisonment, in the discretion of the court. The venue of any such offense shall be in the county, or any one of the counties, wherein the person violating said subsection (b) carries out any duties of, or performs any work for, the Racing Commission, which constitute the basis of the charge or complaint.
(d) False swearing before the Racing Commission on the part of any witness shall be deemed perjury and shall be punished as such.
2023 West Virginia Code › Chapter 19. Agriculture › Article 23. Horse and Dog Racing › §19-23-28. Effect of Article on Existing Rules and Regulations, Licenses and Permits

All rules and regulations promulgated by the Racing Commission and in effect on the effective date of this article shall remain in full force and effect until superseded, or except as amended or repealed, in accordance with the provisions of this article.
Any license or permit issued by the Racing Commission under the former provisions of article twenty-three of this chapter, which has not expired and which has not been suspended or revoked prior to the effective date of this article, shall be governed by the provisions of this article and shall remain valid until the expiration thereof, unless such license or permit is sooner suspended or revoked in accordance with the provisions of this article.
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2023 West Virginia Code › Chapter 19. Agriculture › Article 23. Horse and Dog Racing › §19-23-29. Severability

§19-23-29. Severability.
If any provision of this article or the application thereof to any person or circumstance is held unconstitutional or invalid, such unconstitutionality or invalidity shall not affect other provisions or applications of the article, and to this end the provisions of this article are declared to be severable.
2023 West Virginia Code › Chapter 19. Agriculture › Article 24. Interstate Compact on Licensure of Participants in Live Horse Racing With Pari-Mutuel Wagering › §19-24-2. Compact Committee Members

The Governor shall appoint one official to represent West Virginia on the compact committee for a term of four years. No official may serve more than three consecutive terms. A vacancy shall be filled by the Governor for the unexpired term.
2023 West Virginia Code › Chapter 19. Agriculture › Article 24. Interstate Compact on Licensure of Participants in Live Horse Racing With Pari-Mutuel Wagering › §19-24-2a. Reimbursement for Compact Committee Official Member

The duly appointed and designated official state representative on the compact committee shall be reimbursed for all actual expenses and expenditures incurred and expended in the performance of his or her official duties as a compact committee member, notwithstanding any provision set forth to the contrary in article twenty-three of this chapter nor any provision set forth to the contrary in section eleven, article three, chapter twelve of this code or any rules promulgated pursuant thereto.
2023 West Virginia Code › Chapter 19. Agriculture › Article 24. Interstate Compact on Licensure of Participants in Live Horse Racing With Pari-Mutuel Wagering › §19-24-4. Racing Commission Powers Preserved

Nothing in this article diminishes or limits the powers and responsibilities of the Racing Commission established in article twenty-three of this chapter, or invalidates any action of the Racing Commission previously taken, including, without limitation, any rule promulgated by the commission.
2023 West Virginia Code › Chapter 19. Agriculture › Article 25. Limiting Liability of Landowners › §19-25-1. Purpose

The purpose of this article is to encourage owners of land to make available to the public land and water areas for military, law-enforcement, homeland-defense training, or recreational, agricultural, or wildlife propagation purposes by limiting their liability for injury to persons entering thereon and for injury to the property of persons entering thereon and limiting their liability to persons who may be injured or otherwise damaged by the acts or omissions of persons entering thereon.
2023 West Virginia Code › Chapter 19. Agriculture › Article 25. Limiting Liability of Landowners › §19-25-2. Limiting Duty of Landowner Generally

(a) Subject to the provisions of 19-25-4 of this code, an owner of land owes no duty of care to keep the premises safe for entry or use by others for recreational or wildlife propagation purposes, or to give any warning of a dangerous or hazardous condition, use, structure, or activity on such premises to persons entering for such purposes.
(b) Subject to the provisions of 19-25-4 of this code, an owner of land who either directly or indirectly invites or permits without charge as that term is defined in 19-25-5 of this code, any person to use such property for recreational or wildlife propagation purposes does not thereby:
(1) Extend any assurance that the premises are safe for any purpose;
(2) Confer upon such persons the legal status of an invitee or licensee to whom a duty of care is owed; or
(3) Assume responsibility for or incur liability for any injury to person or property caused by an act or omission of such persons.
(c) Subject to the provisions of 19-25-4 of this code, an owner of land owes who invites or permits without charge, as that term is defined in 19-25-5 of this code, any person to enter onto the owners land for the purpose of utilizing the owners land for any agricultural purpose does not thereby:
(1) Extend any assurance that the premises are safe for any purpose;
(2) Confer upon such persons the legal status of an invitee or licensee to whom a duty of care is owed; or
(3) Assume responsibility for or incur liability for any injury to person or property caused by an act or omission of such persons.
2023 West Virginia Code › Chapter 19. Agriculture › Article 25. Limiting Liability of Landowners › §19-25-3. Limiting Duty of Landowner Who Grants a Lease, Easement or License of Land to Federal, State, County or Municipal Government or Any Agency Thereof

Unless otherwise agreed in writing, an owner who grants a lease, easement or license of land to the federal government or any agency thereof, or the state or any agency thereof, or any county or municipality or agency thereof, for military, law-enforcement or homeland-defense training or recreational or wildlife propagation purposes owes no duty of care to keep that land safe for entry or use by others or to give warning to persons entering or going upon the land of any dangerous or hazardous conditions, uses, structures or activities thereon. An owner who grants a lease, easement or license of land to the federal government or any agency thereof, or the state or any agency thereof, or any county or municipality or agency thereof, for military, law-enforcement or homeland-defense training or recreational or wildlife propagation purposes does not by giving a lease, easement or license: (a) Extend any assurance to any person using the land that the premises are safe for any purpose; or (b) confer upon those persons the legal status of an invitee or licensee to whom a duty of care is owed; or (c) assume responsibility for or incur liability for any injury to person or property caused by an act or omission of a person who enters upon the leased land. The provisions of this section apply whether the person entering upon the leased land is an invitee, licensee, trespasser or otherwise.
2023 West Virginia Code › Chapter 19. Agriculture › Article 25. Limiting Liability of Landowners › §19-25-4. Application of Article

Nothing herein limits in any way any liability which otherwise exists: (a) For deliberate, willful or malicious infliction of injury to persons or property; or (b) for injury suffered in any case where the owner of land charges the person or persons who enter or go on the land other than the amount, if any, paid to the owner of the land by the federal government or any agency thereof, the state or any agency thereof, or any county or municipality or agency thereof.
Nothing herein creates a duty of care or ground of liability for injury to person or property.
Nothing herein limits in any way the obligation of a person entering upon or using the land of another for recreational or wildlife propagation purposes to exercise due care in his or her use of such land and in his or her activities thereon.
2023 West Virginia Code › Chapter 19. Agriculture › Article 25. Limiting Liability of Landowners › §19-25-6. Limiting Duty of Landowner for Use of Land for Military, Law-Enforcement or Homeland-Security Purposes

Notwithstanding the provisions of section four of this article to the contrary, an owner of land owes no duty of care to keep the premises safe for entry or use by others for military, law-enforcement or homeland-defense training purposes, regardless of whether any charge is made therefor, or to give any warning of a dangerous or hazardous condition, use, structure or activity on the premises to persons entering for those purposes.
Notwithstanding the provisions of section four of this article to the contrary, an owner of land who either directly or indirectly invites or permits, either with or without charge, any person to use the property for military, law-enforcement or homeland-defense training purposes does not thereby: (a) Extend any assurance that the premises are safe for any purpose; (b) confer upon those persons the legal status of an invitee or licensee to whom a duty of care is owed; or (c) assume responsibility for or incur liability for any injury to person or property caused by an act or omission of those persons.
2023 West Virginia Code › Chapter 19. Agriculture › Article 26. General John Mccausland Memorial Farm › §19-26-1. Establishment; Name; Management

The General John McCausland Memorial Farm is hereby established. Situate on the southern side of Kanawha River in Arbuckle District and on the northern side of Kanawha River in Lewis and Cooper Districts, Mason County, this farm shall be managed by the commissioner of agriculture or his designated representative in accordance with the provisions of this chapter. The commissioner of agriculture may lease or assign the farm to any other West Virginia governmental agency or spending unit.
2023 West Virginia Code › Chapter 19. Agriculture › Article 26. General John Mccausland Memorial Farm › §19-26-2. Special Fund Created; Payment Into Fund; Disbursement From Fund

For the operation of the General John McCausland Memorial Farm, there is hereby created in the State Treasury a special revolving fund to be known as the "General John McCausland Memorial Farm Fund." This fund shall consist of appropriations made by the Legislature, funds derived from the sale of farm and dairy products and other revenues from the memorial farm, and any funds or other property donated to the memorial fund. These funds shall be expended for farm operations, repairs, improvements or perpetuation of the memorial. The special revenue revolving account shall be part of the annual state budget.
2023 West Virginia Code › Chapter 19. Agriculture › Article 27. West Virginia State Farm Museum › §19-27-1. West Virginia State Farm Museum; Ex Officio Members of the Board of Directors; Rules and Regulations

The corporation now known as "Mason County Regional State Farm Museum" is hereby designated "the West Virginia State Farm Museum" with the exclusive right to the use of said designation, after such amendments as may be made necessary by such change of name, if any, are made in its charter, Constitution and bylaws.
The Governor and commissioner of agriculture are hereby made ex officio members of the board of directors of said museum for the purpose of protecting the interests of the state in the arrangement of the agriculture and other exhibits.
The commissioner of agriculture is hereby empowered to make and enforce rules and regulations for the purpose of carrying out the provisions of this section.
2023 West Virginia Code › Chapter 19. Agriculture › Article 27. West Virginia State Farm Museum › §19-27-1a. West Virginia State Farm Museum; Ex Officio Members of the Board of Directors; Rules

Upon dissolution of the corporation known as the "West Virginia State Farm Museum" and the transfer of the corporation's assets to the State of West Virginia, the commissioner of agriculture shall administer the museum and the assets. The West Virginia State Farm Museum shall be located at Point Pleasant in the county of Mason.
The commissioner of agriculture may propose rules for legislative approval in accordance with the provisions of chapter twenty-nine-a of this code to carry out the provisions of this section.
2023 West Virginia Code › Chapter 19. Agriculture › Article 28. Vitamin and Mineral Enrichment of Flour and Bread › §19-28-1. Definitions

When used in this article, unless the context otherwise requires:
(a) "Flour" includes, and is limited to, the foods commonly known in the milling and baking industries as: (1) White flour, also known as wheat flour or plain flour; (2) bromated flour; (3) self-rising flour, also known as self-rising white flour or self-rising wheat flour; and (4) phosphated flour, also known as phosphated white flour, or phosphated wheat flour, but excludes whole wheat flour and also excludes special flours not used for bread, roll, bun or biscuit baking, such as specialty cake, pancake and pastry flours.
(b) "White bread" means any bread made with flour as defined in paragraph (a) whether baked in a pan or on a hearth or screen, which is commonly known or usually represented and sold as white bread, including Vienna bread, French bread and Italian bread.
(c) "Rolls" include plain white rolls and buns of the semibread dough type, namely soft rolls, such as hamburger rolls, hot dog rolls, Parker House rolls and hard rolls, such as Vienna rolls, Kaiser rolls, but shall not include yeast-raised sweet rolls or sweet buns made with fillings or coatings, such as cinnamon rolls or buns and butterfly rolls.
(d) "Commissioner" means the commissioner of agriculture or his or her duly authorized agent.
(e) "Person" means an individual, a corporation, a partnership, an association, a joint stock company, a trust or any group of persons whether incorporated or not, engaged in the commercial manufacture or sale of flour, white bread or rolls.
2023 West Virginia Code › Chapter 19. Agriculture › Article 28. Vitamin and Mineral Enrichment of Flour and Bread › §19-28-2. Vitamin and Mineral Requirements for Flour; Exceptions as to Flour Sold to Distributors, Bakers or Other Processors

It is unlawful for any person to manufacture, mix, compound, sell or offer for sale, for human consumption in this state, flour as defined in section one of this article, unless the following vitamins and minerals are contained in each pound of such flour: Not less than two and not more than two and five-tenths milligrams of thiamine; not less than one and two-tenths and not more than one and five-tenths milligrams of riboflavin; not less than sixteen and not more than twenty milligrams of niacin or niacinamide; not less than thirteen and not more than sixteen and five-tenths milligrams of iron; except in the case of self-rising flour which in addition to the above ingredients shall contain not less than five hundred and not more than fifteen hundred milligrams of calcium: Provided, That the provisions of this section do not apply to flour sold to distributors, bakers or other processors, if the purchaser furnishes to the seller a certificate in such form as the commissioner has prescribed by rule, certifying that such flour will be: (1) Resold to a distributor, baker or other processor; (2) used in the manufacture, mixing or compounding of flour, white bread or rolls enriched to meet the requirements of this article; or (3) used in the manufacture of products other than flour, white bread or rolls. It is unlawful for any such purchaser furnishing any such certificate to use or resell the flour purchased in any manner other than as prescribed in this section: Provided, however, That the provisions of this section do not apply to noncommercial flour manufactured by small flour mills, located in this state, for persons from wheat harvested in this state or to any other flour produced and sold at retail by such mills.
2023 West Virginia Code › Chapter 19. Agriculture › Article 28. Vitamin and Mineral Enrichment of Flour and Bread › §19-28-3. Vitamin and Mineral Requirements for White Bread or Rolls

It is unlawful for any person to manufacture, bake, sell or offer for sale, for human consumption in this state, any white bread or rolls, as defined in section one of this article, unless the following vitamins and minerals are contained in each pound of such bread or rolls: Not less than one and one-tenth and not more than one and eight-tenths milligrams of thiamine; not less than seven-tenths and not more than one and six-tenths milligrams of riboflavin; not less than ten and not more than fifteen milligrams of niacin; and not less than eight and not more than twelve and five-tenths milligrams of iron.
2023 West Virginia Code › Chapter 19. Agriculture › Article 28. Vitamin and Mineral Enrichment of Flour and Bread › §19-28-5. Penalties for Violation of Article; Inconsistent Acts Repealed; Provisions Severable

Any person who violates any of the provisions of this article or the orders or rules promulgated by the commissioner is guilty of a misdemeanor, and, upon conviction thereof, shall be fined for each offense a sum of not less than $25 nor more than $200, or imprisoned in the county jail not to exceed sixty days, or both fined and imprisoned. Magistrates have jurisdiction to try cases involving violations of any provision of this article, or of the orders or rules promulgated by the commissioner.
2023 West Virginia Code › Chapter 19. Agriculture › Article 29. Production of Nontraditional Agriculture Products › §19-29-1. Nontraditional Agriculture; Authority

The commissioner of agriculture is hereby empowered and shall devise means of advancing the nontraditional agricultural products in the state, and in the performance of such duty, he or she shall have the authority to call upon any department, division, or officer of the state or county to cooperate with him or her in promoting nontraditional agricultural products in the state.
These nontraditional products are to be considered as agricultural activities.
Only after consultation with the Division of Natural Resources and the Department of Health and Human Resources, the commissioner shall promulgate rules, in accordance with chapter twenty-nine-a of this code, for the promotion, marketing, and regulation of nontraditional agriculture.
The commissioner shall have the authority under this article to restrict the importation and commercial production of any species of nontraditional agriculture which in his or her opinion is not in the best interest of the industry or of the public.
Nothing in this article shall affect the Division of Natural Resources' authority as provided in articles one, two, three, and seven, chapter twenty of this code.
2023 West Virginia Code › Chapter 19. Agriculture › Article 29. Production of Nontraditional Agriculture Products › §19-29-2. Definitions

(a) "Aquaculture" means the commercial production of fish and/or other aquatic life.
(b) "Commissioner" means the Commissioner of Agriculture or his or her designee.
(c) "Domestic purposes" means for the purposes of food production, for resale as breeding stock or for the sale of immature stock for the purposes of further feeding.
(d) "Nontraditional agriculture" means the production of animals domesticated from wild stock, either native or nonnative, and are being confined, bred or fed for domestic purposes; captive cervids pursuant to article two-h of this chapter; aquaculture; or other agricultural products as defined in this article.
2023 West Virginia Code › Chapter 19. Agriculture › Article 29. Production of Nontraditional Agriculture Products › §19-29-4. Inspection of Animals, Meat and Meat Products

The commissioner shall propose rules for legislative approval in accordance with article three, chapter twenty-nine-a of this code, to include inspection of the meat from nontraditional agriculture intended for sale in commercial outlets. Except for rabbits and game birds, nontraditional agriculture shall be slaughtered in an inspected meat processing facility.
2023 West Virginia Code › Chapter 19. Agriculture › Article 29. Production of Nontraditional Agriculture Products › §19-29-5. Owners' Responsibilities

It is the responsibility of the owner to take all reasonable action to maintain the nontraditional agriculture on property owned or leased by the owner, including the construction of fences or other barriers and housing of a suitable design. Owners of nontraditional agriculture shall be responsible for damages and subject to fines as set out in article eighteen of this chapter.
2023 West Virginia Code › Chapter 19. Agriculture › Article 30. Donated Food › §19-30-1. Purpose

The purpose of this article is to address the problem of hunger in this state by improving the distribution of food to the hungry, providing a means of funding agencies which distribute food on an emergency basis, gathering and disseminating information related to the problem of hunger, assuring that distribution activities are responsive to the needs of local donated food banks, facilitating the creation of donated food banks and ensuring maximum access to food banks.
2023 West Virginia Code › Chapter 19. Agriculture › Article 30. Donated Food › §19-30-2. Administration of Donated Food Program Transferred From Department of Health and Human Resources to Department of Agriculture

(a) Effective July 1, 2001, the Department of Agriculture is designated as the state agency to:
(1) Receive food donated by the United States Department of Agriculture, other federal or state agencies, corporations, private persons or entities;
(2) Receive payments for storage and distribution of the donated food;
(3) Distribute the food to educational or charitable institutions;
(4) Allocate funds received relating to the donated food; and
(5) Enter into agreements and take other actions necessary to exercise the authority provided in this article.
(b) Effective July 1, 2001, all responsibility for receiving, storing and distributing donated food previously assigned to the Department of Health and Human Resources is transferred to the Department of Agriculture. The secretary of the Department of Health and Human Resources and the commissioner of agriculture, acting jointly, are empowered to facilitate an orderly, efficient and economical transfer of the donated food program and related program functions, including the transfer of employees.
(c) Effective July 1, 2001, all unencumbered funds remaining with the Department of Health and Human Resources related to the transferred donated food program shall be transferred to the appropriate accounts of the Department of Agriculture.
2023 West Virginia Code › Chapter 19. Agriculture › Article 30. Donated Food › §19-30-3. Special Revenue Account Created for Donated Food Program

(a) There is hereby established in the State Treasury a special revenue account to be known as the "donated food fund" account. Expenditures from said account shall be used by the Department of Agriculture for the operation of the donated food program 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 article three, chapter twelve of this code, and upon the fulfillment of the provisions set forth in article two, chapter five-a of this code.
(b) The commissioner is authorized to solicit and accept donations, gifts, grants, bequests and other funds made available to the Department of Agriculture from private sources for the donated food program, which funds shall be placed in the donated food fund special revenue account.
2023 West Virginia Code › Chapter 19. Agriculture › Article 30. Donated Food › §19-30-4. Donation of Food Items; Exemption From Civil and Criminal Liability

Any person who makes a good faith donation of prepared or perishable food which appears to be fit for human consumption at the time it is donated to a charitable or nonprofit organization is not liable for damages in any civil action or subject to criminal prosecution for any injury or death due to the condition of the food unless the injury or death is a direct result of the gross negligence, recklessness or intentional misconduct of the donor.
A charitable or nonprofit organization or an officer, employee or volunteer of the organization that in good faith receives and distributes, without charge, food which appears to be fit for human consumption at the time it is distributed is not liable for damages in any civil action or subject to criminal prosecution for any injury or death due to the condition of the food unless the injury or death is a direct result of the gross negligence, recklessness or intentional misconduct of the organization or its officers, employees or volunteer workers.
This section applies to all good faith donations of perishable food which is not readily marketable due to appearance, freshness, grade, surplus supply or other conditions.
2023 West Virginia Code › Chapter 19. Agriculture › Article 30. Donated Food › §19-30-5. Definitions

In this article, unless the context otherwise requires:
"Agricultural product" means any fowl, animal, vegetable or other item, product or article which is customary food or which is proper food for human consumption.
"Donated food bank" means a nonprofit organization that solicits, stores, or redistributes food products to charitable organizations and individuals for the purpose of feeding needy families and individuals.
"Nonprofit charitable organization" means an organization which is organized and operates for a charitable purpose.