reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 19. Agriculture › Article 30. Donated Food › §19-30-6. Authorization of Donations; Diversion of Products by Directors to Organizations

A person engaged in the business of processing, distributing or selling any agricultural product may donate, free of charge, any agricultural product to a donated food bank.
To assist in accomplishing the purposes of this section, the director of each department of state government shall divert, whenever possible, surplus agricultural products to organizations operating pursuant to this article.
2023 West Virginia Code › Chapter 19. Agriculture › Article 30. Donated Food › §19-30-7. Surplus Food Collection and Distribution Centers

The Department of Agriculture shall continue operation of and shall publicize the services of an information and food collection center. The center shall receive and transmit information concerning available agricultural products and information on each organization desiring or needing agricultural products to be donated. The center shall also collect, receive, handle, store and distribute donated agricultural products. A nonprofit charitable organization which regularly needs agricultural products may be listed with a food collection center to be notified if agricultural products are available.
2023 West Virginia Code › Chapter 19. Agriculture › Article 30. Donated Food › §19-30-8. Minimum Standards for Food Banks

In order to qualify as a donated food bank, an organization shall meet all of the following minimum standards:
(a) Have access to storage facilities and refrigeration equipment for the purpose of collecting, receiving, handling, storing and distributing donated agricultural products;
(b) Be incorporated as a nonprofit tax exempt organization and eligible as a charitable organization under the Internal Revenue Code (26 United States code section 501 (c) (3)) or affiliated with a qualified organization;
(c) Maintain records for the proper control of inventory;
(d) Demonstrate the availability of adequate liability insurance to cover the activities conducted pursuant to this article; and
(e) Show local support through funding sources, letters of endorsement and a board of directors which reflects the community and population to be served.
2023 West Virginia Code › Chapter 19. Agriculture › Article 30. Donated Food › §19-30-11. Application of Article to Food Stamp Act

Consonant with 7 C.F.R. 273.9(c)(1), programs operated in accordance with this article shall complement and not in any way lessen assistance to families and individuals pursuant to the Food Stamp Act of 1977 as amended, (7 U.S.C. 2011 through 7 U.S.C. 2026).
2023 West Virginia Code › Chapter 19. Agriculture › Article 30. Donated Food › §19-30-12. Donated Food Bank Assistance Fund; Restriction

(a) The fund formerly known as the charity food bank assistance fund is redesignated the donated food bank assistance fund and is continued. The fund consists of moneys provided by appropriation.
(b) A donated food bank which meets the minimum standards for food banks may qualify, subject to available moneys, for assistance from this fund for any of its operations.
(c) Assistance granted pursuant to this article shall be administered by the commissioner of agriculture. No more than five percent of the assistance granted to a donated food bank pursuant to this article may be used for administrative purposes.
2023 West Virginia Code › Chapter 19. Agriculture › Article 32. Aquaculture Development › §19-32-1. Legislative Findings and Purpose

The Legislature finds and declares that aquaculture has the potential for reducing the United States trade deficit in fisheries products, for augmenting food supplies, for expanding employment, for promoting economic activity, for improving public health, for augmenting existing commercial and recreational fisheries and for producing other renewable resources, thereby assisting West Virginia and the United States in meeting its future food needs and contributing to the solution of world resource problems. It is, therefore, in the state's interest and it is state policy to recognize aquaculture as agriculture and to encourage the development of aquaculture in West Virginia.
2023 West Virginia Code › Chapter 19. Agriculture › Article 32. Aquaculture Development › §19-32-3. Definitions

As used in this article:
(1) "Aquaculture" means the propagation, rearing, and/or use of aquatic species in controlled or selected environments for private and or commercial purposes related to food production, recreation, research, importation, exportation, marketing, transportation and science.
(2) "Aquaculture facility" means any land, structure or other appurtenance that is used for aquaculture, including, but not limited to, any laboratory, hatchery, rearing pond, raceway, pen, incubator, or other equipment used in aquaculture.
(3) "Aquatic species" means any species of finfish, mollusk, crustacean, or other aquatic invertebrate, amphibian, reptile, or aquatic plant, and including, but not limited to, "fish" and "fishes" as defined in this chapter.
(4) "Commissioner" means the Commissioner of Agriculture.
(5) "Department" means the West Virginia Department of Agriculture.
2023 West Virginia Code › Chapter 19. Agriculture › Article 32. Aquaculture Development › §19-32-4. Lead Agency; Powers and Duties

(a) Aquaculture is a form of agriculture and thus the Department of Agriculture is designated as the lead state agency in matters pertaining to aquaculture.
(b) The department shall have the following powers and duties:
(1) To provide aquaculturalists with information and assistance in obtaining permits related to aquacultural activities;
(2) To promote investment in aquaculture facilities in order to expand production and processing capacity;
(3) To work with appropriate state and federal agencies to review, develop and implement rules, policies and procedures to facilitate aquacultural development;
(4) To facilitate the formation of an Aquaculture Advisory Board consistent with the provisions of section five of this article;
(5) To coordinate the development and implementation of a state aquaculture plan which shall include prioritized recommendations for research and development as suggested by the Aquaculture Advisory Board, the department, public and private research institutions and the West Virginia University Extension Service;
(6) To develop memoranda of agreement, as needed, with the Department of Environmental Protection, the Division of Natural Resources, the Department of Agriculture and other groups as provided in the state aquaculture plan; and
(7) To develop and propose to the Legislature, if necessary, legislation required to implement the state aquaculture plan and to otherwise encourage the development of aquaculture in the state.
2023 West Virginia Code › Chapter 19. Agriculture › Article 32. Aquaculture Development › §19-32-5. Advisory Board

(a) There is created within the Department of Agriculture the Aquaculture Advisory Board, to consist of the following representatives:
(1) The Commissioner of Agriculture or the commissioner's designee who shall serve as chairman of the board;
(2) A representative from the Division of Natural Resources;
(3) A representative from the Department of Environmental Protection;
(4) A representative from the West Virginia University Extension Service;
(5) Two industry representatives currently conducting for-profit aquaculture or aquaculture related activities in West Virginia; and
(6) One at-large member appointed at the discretion of the commissioner.
(b) Clerical and other assistance shall be provided by the Department of Agriculture.
(c) The board shall review state and federal policies, laws and regulations affecting aquaculture and recommend changes which may be necessary or useful to carry out the purposes of this article.
(d) The board shall present its recommendations to the Department of Agriculture.
2023 West Virginia Code › Chapter 19. Agriculture › Article 33. Equine Rescue Facilities Act › §19-33-1. Definitions

For purposes of this article:
(a) "Commissioner" means the Commissioner of Agriculture.
(b) "Equine rescue facility" means a facility that is listed as a nonprofit organization having a legitimate and current status under Title 26 U. S. C. 501(c)(3), as amended, that fosters care to unwanted equines due to age, health or other circumstances that deem the equines homeless.
2023 West Virginia Code › Chapter 19. Agriculture › Article 33. Equine Rescue Facilities Act › §19-33-2. Licensing of Equine Rescue Facilities

No person may operate an equine rescue facility as defined in this section without an equine rescue facility license issued by the Department of Agriculture. The annual fee for an equine rescue facility license is $100, which shall be remitted by the commissioner to the humane officer or animal control officer in the county where the facility is located to offset the expense of inspecting that facility. If the county does not have a humane officer or animal control officer, the commissioner shall remit the license fee to the sheriff of the county where the facility is located.
2023 West Virginia Code › Chapter 19. Agriculture › Article 33. Equine Rescue Facilities Act › §19-33-3. Inspections of Equine Rescue Facilities

Upon application for an equine rescue facility license, the commissioner shall notify the county humane officer or animal control officer in the county where the equine rescue facility is located, who shall inspect the facility prior to issuance of an equine rescue facility license and, thereafter, not less than twice annually. If the county does not have a humane officer or animal control officer, the sheriff of that county is responsible for inspections of equine rescue facilities in the county as set forth in this section.
2023 West Virginia Code › Chapter 19. Agriculture › Article 33. Equine Rescue Facilities Act › §19-33-4. Legislative Rules

The commissioner shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code to provide for the following:
(a) The issuance of equine rescue facility licenses and revocation of the licenses for violations of the provisions of this article or rules adopted hereunder;
(b) Notification of the application and issuance of an equine rescue facility license to the humane officer, animal control officer or county sheriff in the county where the facility is located and providing remittance of the annual equine rescue facility license fee;
(c) Standards for maintenance of the premises, the care and health of the horses kept at equine rescue facilities and standards for inspection of those facilities and horses, using guidelines developed by the West Virginia Livestock Care Standards Board; and
(d) Standards for closure of an equine rescue facility and seizure of horses at the facility where the health and welfare of the horses are endangered.
2023 West Virginia Code › Chapter 19. Agriculture › Article 33. Equine Rescue Facilities Act › §19-33-5. Penalties

Any person who violates any provision of this article or rules adopted hereunder is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100 nor more than $500 for the first offense, and for a second or subsequent offense shall be fined not less than $500 nor more than $2,500.
2023 West Virginia Code › Chapter 19. Agriculture › Article 34. Dangerous Wild Animals Act › §19-34-1. Findings and Purpose

The possession of dangerous wild animals presents serious public health and safety concerns and shall be regulated for the following reasons:
(1) To prevent the introduction or spread of disease or parasites harmful to humans, domestic livestock and poultry, wildlife and captive wild animals;
(2) To ensure the physical safety of humans;
(3) To prevent the escape or release of an animal injurious to or competitive with agricultural, horticultural, forestry, wildlife and other natural resources; and
(4) To prevent the mistreatment of permitted dangerous wild animals.
2023 West Virginia Code › Chapter 19. Agriculture › Article 34. Dangerous Wild Animals Act › §19-34-2. Definitions

As used in this article unless otherwise specified:
(1) "Board" means the Dangerous Wild Animal Board;
(2) "Dangerous wild animal" means a mammal, bird, reptile, amphibian or aquatic animal, including a hybrid, that is dangerous to humans, other animals or the environment due to its inherent nature and capability to do significant harm. "Wildlife", as defined by section two, article one, chapter twenty of this code, "livestock", as defined in section two, article ten-b, chapter nineteen of this code, and "domestic animals", as defined in this section, are excluded.
(3) "Domestic animal" means an animal which, through extremely long association with humans, has been bred to a degree which has resulted in genetic changes affecting the temperament, color, conformation or other attributes of the species to an extent that makes it unique and distinguishable from a wild individual of its species, and includes an animal that has been bred as a companion animal.
(4) "Person" means an individual, partnership, corporation, organization, trade or professional association, firm, limited liability company, joint venture, association, trust, estate or other legal entity and an officer, member, shareholder, director, employee, agent or representative thereof.
2023 West Virginia Code › Chapter 19. Agriculture › Article 34. Dangerous Wild Animals Act › §19-34-4. Prohibition on the Possession of a Dangerous Wild Animal; Exceptions

(a) Except as otherwise provided in this article, a person may not possess a dangerous wild animal.
(b) Pursuant to the provisions of this article, the board may issue a permit for the possession of a dangerous wild animal if the applicant was in legal possession of the animal prior to the effective date of the rules promulgated under this article.
2023 West Virginia Code › Chapter 19. Agriculture › Article 34. Dangerous Wild Animals Act › §19-34-5. Dangerous Wild Animal Board; Composition; Duties

(a) The Dangerous Wild Animal Board is hereby established with the following members: The Commissioner of the Department of Agriculture, the Secretary of the Department of Health and Human Resources and the Director of the Division of Natural Resources, or their designees. The board shall develop a comprehensive list of dangerous wild animals pursuant to the rule-making authority of this article.
(b) The Commissioner of Agriculture shall serve as the chair, the Secretary of the Department of Health and Human Resources as the vice chair and the Director of the Division of Natural Resources shall serve as the secretary of the board. The Department of Agriculture shall provide necessary staff and support services to the board as needed.
(c) The board shall:
(1) Establish minimum caging or enclosure requirements for various dangerous wild animals;
(2) Create a comprehensive list of dangerous wild animals, excluding wildlife, livestock and domestic animals as defined herein. The list may include, but not be limited to:
(A) Bears;
(B) Big cats;
(C) Canids;
(D) Primates;
(E) Constrictor snakes greater than six feet, and venomous snakes; and
(F) Alligators and caimans;
(3) Enforce the permit requirements and set the fees for permits;
(4) Issue, renew, revoke and maintain records for dangerous wild animal permits;
(5) Annually review the list of prohibited dangerous wild animals to determine if animals should be added or subtracted from the list; and
(6) Address any other issues required by this article.
2023 West Virginia Code › Chapter 19. Agriculture › Article 34. Dangerous Wild Animals Act › §19-34-7. Confiscation and Disposition of Animals; Suspension and Revocation of Permits

(a) A law-enforcement officer, county humane officer or the state veterinarian may immediately confiscate or euthanize any dangerous wild animal if the animal poses an immediate risk to public health or safety regardless of whether the owner of the animal has a permit issued under this article.
(b) The board may summarily suspend a permit issued under this article if one of the following conditions exists:
(1) An animal whose owner has a permit issued under this article is in a position to harm another animal;
(2) A permitted animal poses a risk to public health or safety; or
(3) The permitee has violated a provision of this article.
(c) In the event of the suspension of a permit or confiscation of an animal pursuant to this section, the dangerous wild animal may be transferred to another permitee in compliance with the provisions of this article, if the transfer would abate the imminent harm to the animal or the public as determined by the responding law-enforcement officer, county humane officer or state veterinarian. If the transfer of the dangerous wild animal cannot be accomplished without additional risk to public safety, or if no suitable facility is available for transfer, the responding law-enforcement officer, county humane officer or veterinarian may humanely euthanize the animal.
(d) Upon conviction of an offense under this article or any other animal cruelty statute, the board shall revoke that person's permit.
(e) The board may, for cause, revoke a permit.
(f) A person aggrieved by action of the board may appeal to circuit court.
2023 West Virginia Code › Chapter 19. Agriculture › Article 34. Dangerous Wild Animals Act › §19-34-8. Exemptions

(a) The permitting provisions of this article do not apply to:
(1) Institutions accredited by the Association of Zoos and Aquariums (AZA) or an AZA-certified facility;
(2) An animal control or law-enforcement agency or officer acting under the authority of this article;
(3) Licensed veterinary hospitals or clinics treating dangerous wild animals;
(4) A licensed or accredited research medical institution;
(5) A research facility as defined in the Animal Welfare Act, 7 U.S.C. §2132(e), as amended;
(6) A circus that is an incorporated, Class C licensee under the Animal Welfare Act, 7 U.S.C. §2132(e), as amended;
(7) A person displaying dangerous wild animals at a fair or festival that is a licensed exhibitor under the Animal Welfare Act, 7 U.S.C. §2132(e), as amended; and
(8) A person temporarily transporting a dangerous wild animal through the state, if the transit time is not more than forty-eight hours and the animal is at all times confined sufficiently to prevent escape.
(b) Qualified exemption. -– The permitting provisions of this article do not apply to exhibitors or dealers licensed as of January 1, 2014, under the Animal Welfare Act, 7 U. S. C. §2132(e), as amended, and at the time the rules become effective and who continue to have a valid exhibitor or dealer license. The board may revoke this exemption as to exhibitors or dealers that have repeated, uncorrected citations in violation of the Animal Welfare Act, a conviction for violation of an animal cruelty statute or a violation of sections seven or nine of this article.
2023 West Virginia Code › Chapter 19. Agriculture › Article 34. Dangerous Wild Animals Act › §19-34-9. Criminal and Civil Penalties

(a) A person who violates a provision of this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $200 nor more than $2,000 for each animal with respect to which there is a violation.
(b) A person who knowingly and intentionally or recklessly releases a dangerous wild animal or unlawfully possesses a dangerous wild animal that does not cause injury to an individual is guilty of a misdemeanor and, upon conviction, may be confined in jail for not more than one year or fined not less than $500 nor more than $2,500, or both confined and fined.
(c) A person who knowingly and intentionally or recklessly releases a dangerous wild animal or unlawfully possesses a dangerous wild animal that injures an individual is guilty of a felony and, upon conviction thereof, may be imprisoned in a state correctional institution for not less than one year nor more than three years, or fined not less than $1,000 nor more than $5,000, or both confined and fined.
(d) Civil penalty. -– A person convicted of an offense under this article is liable for all costs, including personnel costs, expended by the county or state agencies involved with the capture, confinement, transfer or euthanasia of a dangerous wild animal.
(e) The civil liability imposed by this section is in addition to any other legal remedies for damages to person or property caused by a dangerous wild animal.
2023 West Virginia Code › Chapter 19. Agriculture › Article 35. Farmers Markets › §19-35-1. Legislative Findings and Purpose

(a) The Legislature hereby makes the following findings:
(1) Farmers markets are critical incubators for small farm and food businesses because they offer an inexpensive, accessible, entry-level market for reaching consumers directly, though research has shown that the average vendor makes only a nominal dollar amount in sales on any given market day;
(2) The number of farmers markets and the variety of products sold at farmers markets has increased significantly in the past 10 years, adding millions of dollars to the states economy;
(3) Encouraging locally grown and raised food is important to the health and welfare of the citizens of West Virginia;
(4) Permit fees and requirements for farmers market vendors can vary widely from county to county and from one regulatory official to the other. Current food permit categories are not designed for farmers markets and their vendors, but rather for restaurants, grocery stores, or concessioners; and
(5) Food permits required for farmers market vendors are currently not recognized across county lines.
(b) It is the purpose of this article:
(1) To reduce barriers on participants producing, preparing, and selling certain foods at farmers markets and elsewhere within West Virginia;
(2) To place regulation of farmers markets, vendors, and local food producers primarily within the Department of Agriculture; and
(3) To encourage the growth of the local food industry in West Virginia.
2023 West Virginia Code › Chapter 19. Agriculture › Article 35. Farmers Markets › §19-35-2. Definitions

For purposes of this article:
"Acidified food" means a low-acid food item to which acid or acid foods are added with a water activity of greater than 0.85 and a finished equilibrium of pH 4.6 or below. Acidified foods are considered potentially hazardous foods.
"Delivered" means transferred to the consumer, either immediately upon sale or at a time thereafter.
"Department" means the Department of Agriculture.
"Farm and food product" means any agriculture, horticulture, agroforestry, animal husbandry, dairy, livestock, beekeeping, or other similar product, and includes potentially hazardous foods and nonpotentially hazardous food produced or manufactured therefrom.
"Farmers market" means:
(1) A traditional farmers market in which two or more vendors gather to sell farm and food products directly to consumers at a fixed location;
(2) An on-farm market or farm stand run by an individual producer that sells farm and food products;
(3) An online farmers market in which two or more vendors collectively market farm and food products and retain ownership of those products until they are sold;
(4) A consignment farmers market in which two or more vendors deliver their own farm and food products to a common location maintained by a third party that markets the vendors products and receives a percentage share of the profits from sales, with the individual vendor retaining ownership of the farm and food product until it is sold. A consignment farmers market may be mobile or in a stationary location;
(5) A mobile farmers market;
(6) An area within a fair or festival at which farm and food products are sold; or
(7) Any other form of farmers market approved by the commissioner.
"Farmers market vendor" or "vendor" means a person or entity that sells farm and food products at a farmers market.
"Nonpotentially hazardous" means a food item that does not require time/temperature control for safety to limit pathogenic microorganism growth or toxin formation.
"Potentially hazardous" means a food item that requires time/temperature control or other protocols for safety to limit pathogenic microorganism growth or toxin formation.
To "produce" means to prepare a food item by cooking, baking, drying, mixing, cutting, fermenting, preserving, dehydrating, growing, raising, or other process.
"Producer" means the person who produces a nonpotentially hazardous food item.
"Retailer" means and includes every person engaging in the business of selling, leasing, or renting tangible personal property.
"Seller" means the person who sells a nonpotentially hazardous food item to a consumer. The seller of the nonpotentially hazardous food item may be the producer of the item, an agent of the producer, or a third-party vendor, such as a retail shop or grocery store.
2023 West Virginia Code › Chapter 19. Agriculture › Article 35. Farmers Markets › §19-35-3. Farmers Markets

(a) All farmers markets operating within the state shall register with the department. Farmers markets shall register on a form prepared by the department and provide information to the department regarding:
(1) The type of farmers market;
(2) The location, dates, and hours of operation;
(3) The farmers markets vendors; and
(4) Any other information required by the department.
(b) Upon submission of all required items, each farmers market shall be issued a Farmers Market Registration. Each farmers market shall display its registration in a conspicuous manner.
(c) Except for consignment farmers markets, which are required to apply for and obtain a food establishment permit from a local health department, no other type of farmers market is required to apply for and obtain a food establishment permit from a local health department.
(d) The department may establish regulations permitting the sampling of certain farm and food products at farmers markets by vendors.
(e) The department may establish penalties for violation of this section by legislative rule, pursuant to the provisions of 29A-3-1
et seq
. of this code.
2023 West Virginia Code › Chapter 19. Agriculture › Article 35. Farmers Markets › §19-35-3a. Farmers Market Vendor Permits

(a) Except as provided in subsection (d) of this section, all vendors at a farmers market selling farm and food products shall apply for a farmers market vendor permit from the department.
(b) The farmers market vendor permit, once issued, is valid in all counties in this state.
(c) Notwithstanding any other provisions of code or rule to the contrary, a vendor is not required to obtain a food establishment permit to sell at a farmers market.
(d) The following vendors are exempt from obtaining a farmers market vendor permit:
(1) Vendors selling fresh, uncut produce;
(2) Vendors selling nonpotentially hazardous foods; and
(3) Vendors selling other farm and food products that are identified by the department.
(e) The department shall establish the conditions and procedures for issuance of farmers market vendor permits. As a condition of obtaining a farmers market vendor permit, a vendor may be required to satisfy additional requirements, including but not limited to, submitting to inspections, and obtaining and maintaining certain additional licenses or certifications.
(f) All farmers market vendor permits shall be displayed in a conspicuous manner.
(g) The department may establish penalties for violation of this section by legislative rule, pursuant to the provisions of 29A-3-1
et seq
. of this code.
2023 West Virginia Code › Chapter 19. Agriculture › Article 35. Farmers Markets › §19-35-3b. Role of Local Health Departments in Farmers Markets

(a) No local health department may require a farmers market or a farmers market vendor to obtain a food establishment permit, except a consignment farmers market is required to obtain a food establishment permit:
Provided
, That nothing in this article shall be construed to exempt restaurants or other prepared food vendors from the requirement to obtain a food establishment permit.
(b) A vendor is subject to food sampling and inspection by the local health department in the jurisdiction in which the farmers market is located if the local health department determines that the vendors food product is misbranded or adulterated, or if a consumer complaint has been received:
Provided
, That all sampling and inspection shall be performed in consultation with the Department of Agriculture.
(c) If the local health department in the jurisdiction in which the farmers market is located has reason to believe that an imminent health hazard exists it may invoke cessation of production until it deems that the hazardous situation has been addressed to the satisfaction of the local health department:
Provided
, That a local health department that invokes cessation of production under this subsection shall do so in consultation with the Department of Agriculture.
2023 West Virginia Code › Chapter 19. Agriculture › Article 35. Farmers Markets › §19-35-5. Potentially Hazardous Foods

(a) Notwithstanding any provision of 16-1-1
et seq
. of this code or any rules or regulations to the contrary, the department shall regulate potentially hazardous foods sold at farmers markets.
(b) A vendor of potentially hazardous foods shall apply for and obtain a farmers market vendor permit as required by 19-35-3a of this code.
(c) A home, farm, community, or commercial kitchen may be used by a potentially hazardous foods vendor, as determined by the department.
(d) The department shall establish by legislative rule the requirements for obtaining a vendor permit for potentially hazardous foods, including acidified foods, and other categories identified and defined by the department.
(e) All potentially hazardous foods sold at farmers markets shall be labeled in compliance with the departments labeling standards and provide information about its content and sources.
2023 West Virginia Code › Chapter 19. Agriculture › Article 35. Farmers Markets › §19-35-6. Nonpotentially Hazardous Foods

(a) The production and sale of nonpotentially hazardous foods, when done in conformity with this section and the accompanying legislative rules, are exempt from licensing, permitting, inspection, packaging, and labeling laws of this state.
(b) The following conditions apply to the sale and delivery of nonpotentially hazardous foods:
(1) The nonpotentially hazardous food item must be sold by the producer to the consumer, whether in person or remotely, or by an agent of the producer or a third-party vendor; and
(2) The nonpotentially hazardous food items must be delivered to the consumer by the producer, an agent of the producer, a third-party vendor, or a third-party carrier.
(c) All nonpotentially hazardous foods shall be labeled in compliance with the departments labeling standards and provide information about their content and sources.
(d) A home, farm, community, or commercial kitchen may be used by a nonpotentially hazardous foods vendor, as determined by the department.
(e) This section shall not be construed to:
(1) Impede the authority of a local health department or the department to investigate or cease the production or sale of food items reported to have caused a foodborne illness;
(2) Preclude the department from providing assistance, consultation, or inspection at the request of the producer of a nonpotentially hazardous food item;
(3) Preclude the production or sale of food items otherwise allowed by law;
(4) Exempt a producer, seller, third-party vendor, or third-party agent from any applicable tax law;
(5) Exempt producers or sellers of nonpotentially hazardous food items from any law that requires the producer, seller, third-party vendor, or third-party agent to register its business name, address, and other identification information with the state;
(6) Exempt producers or sellers of nonpotentially hazardous food items from any applicable law of the federal government, including any federal law prohibiting the sale of certain food items in interstate commerce; or
(7) Exempt producers or sellers of nonpotentially hazardous food items from any applicable law of another state.
(f) This section preempts county, municipal, and other political jurisdictions from prohibiting and regulating the production and sale of nonpotentially hazardous food items:
Provided
, That such preemption shall not include space rentals at government-owned or operated facilities, government-sanctioned or operated events, or product placement agreements with government-owned facilities, as well as temporary events 14 days or less in duration.
2023 West Virginia Code › Chapter 19. Agriculture › Article 36. Agritourism Responsibility Act › §19-36-1. Legislative Purposes; Authority

Every year, in rapidly increasing numbers, residents and nonresidents of the State of West Virginia are enjoying the recreational value of the state’s many agritourism venues. The tourist trade is of vital importance to the State of West Virginia and the services offered by agritourism significantly contribute to the revenue enterprise and economic development of the state. The Legislature recognizes that there are inherent risks in the recreational activities provided by agritourism which should be understood by each participant. It is essentially impossible for agritourism to eliminate these risks. It is the purpose of this article to define those areas of responsibility and affirmative acts for which agritourism is liable for loss, damage, or injury.
The Commissioner of Agriculture is hereby authorized to, and shall devise means of, advancing agritourism 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 agritourism in the state.
The Commissioner of Agriculture, in consultation with the Secretary of Commerce, shall promulgate rules in accordance with chapter 29A of this code for the promotion, marketing, and regulation of agritourism business.
2023 West Virginia Code › Chapter 19. Agriculture › Article 36. Agritourism Responsibility Act › §19-36-2. Definitions

Unless the context of usage clearly requires otherwise:
“Agritourism” activity means any lawful activity carried out on a farm or ranch that allows members of the general public for recreational, entertainment, or educational purposes to view or enjoy rural activities.
“Agritourism business” means any person, fiduciary, firm, association, partnership, limited liability company, corporation, unit of government, or any other group or entity which is engaged in the business of providing one or more agritourism activities, whether or not for compensation.
“Agritourism professional” means owners, operators, employees, and volunteers working for or under the direction of the operators of an agritourism business.
“Farm” or “ranch” means an area of land used for the production, cultivation, growing, harvesting, or processing of agricultural products.
“Inherent risks of agritourism activity” are those dangers or conditions that are part of an agritourism activity including certain hazards, natural conditions of land and terrain, vegetation, and waters, the behavior of wild or domestic animals, and ordinary dangers of structures or equipment ordinarily used in farming and ranching operations. Inherent risks of agritourism activity also include the potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, including failing to follow instructions given by the agritourism professional or failing to exercise reasonable caution while engaging in the agritourism activity.
“Participant” as used in this article means any person, other than the agritourism professional, who engages in an agritourism activity.
2023 West Virginia Code › Chapter 19. Agriculture › Article 36. Agritourism Responsibility Act › §19-36-3. Duties of Agritourism Businesses and Participants

(a) An agritourism business, or agritourism business employee or volunteer acting under the direction of the agritourism business operator, is not liable for injury or death of a participant, or loss or damage to a participant’s property, as the result of the inherent risks of agritourism activities if such agritourism business has posted the notice in substantially the form as is provided in §19-36-4(b) of this code.
(b) The provisions of §19-36-3(a) of this code shall not prevent or in any way limit the liability of an agritourism business that does any of the following:
(1) Commits an act or omission that constitutes gross negligence or willful or wanton disregard for the health and safety of the participant which proximately causes injury, death, loss, or damage to the participant; or
(2) Commits an intentional act or omission which proximately causes injury, death, loss, or damage to the participant.
(c) Any limitation on legal liability afforded by this section to an agritourism business is in addition to any other limitations of legal liability otherwise provided by law.
(d) Participants have a duty to act as a reasonably prudent person when engaging in recreational activities offered by agritourism businesses in this state.
2023 West Virginia Code › Chapter 19. Agriculture › Article 36. Agritourism Responsibility Act › §19-36-4. Liability of Agritourism Businesses

(a) To qualify for the limitation on liability afforded by §19-36-3 of this code, an agritourism business shall post and maintain signs that contain the notice specified in §19-36-4(b) of this code. The sign must be placed in a clearly visible location at the entrance to the agritourism location and at the site of the agritourism activity. The notice must be clearly legible, with each letter to be a minimum of one inch in height. Every written contract entered into by an agritourism professional for the providing of professional services, instruction, or the rental of equipment to a participant, whether or not the contract involves agritourism activities on or off the location or at the site of the agritourism activity, must contain in clearly legible print the notice specified in §19-36-4(b) of this code.
(b) The signs and contracts described in §19-36-4(a) of this code must contain the following notice:
NOTICE
Under West Virginia law, there may be limited liability for an injury to or death of a participant in an agritourism activity conducted at this agritourism business if the injury or death results from the inherent risks of the agritourism activity. Inherent risks of agritourism activities include, among others, risks of injury inherent to landscape, terrain, equipment, and animals, as well as the potential for you to act in a negligent manner that may contribute to your injury or death. You are assuming the risk of participating in this agritourism activity.
(c) Failure to comply with the requirements concerning notices provided in this section will prevent an agritourism business from invoking the privileges of immunity provided by this article.
2023 West Virginia Code › Chapter 19. Agriculture › Article 36. Agritourism Responsibility Act › §19-36-5. Maintenance of Property Status for Certain Purposes; Exceptions

(a) Notwithstanding any provision of this code to the contrary, the occurrence of agritourism does not change the nature or use of property that otherwise qualifies as agricultural for building code, zoning, or property tax classification purposes.
(b) An agritourism business may use certain of its facilities for occasional events without complying with building and fire codes applicable to structures used for such purposes on a full-time basis if such facilities are deemed structurally sound and otherwise safe for the intended use.
2023 West Virginia Code › Chapter 19. Agriculture › Article 37. West Virginia Fresh Food Act › §19-37-1. Legislative Findings and Purpose

(a) According to the West Virginia Farm Bureau state schools alone currently purchase $100 million of food from out-of-state sources.
(b) Locally grown food is healthier and more beneficial to the environment than food imported from other states and other countries.
(c) This article will:
(1) Stimulate the agricultural economy of the state, especially in its economically depressed areas, and allow small farmers to expand operations as well as act as an incentive to new people to begin farming;
(2) Encourage state-funded institutions to begin growing their own produce, thus enabling people to learn and practice agricultural techniques, as well as lowering operational costs of those institutions; and
(3) Spur self-sufficiency and economic independence of those who learn and engage in agricultural activities.
2023 West Virginia Code › Chapter 19. Agriculture › Article 37. West Virginia Fresh Food Act › §19-37-2. State-Funded Institutions to Purchase Food From In-State Sources; Exception

(a) Beginning July 1, 2019, each state-funded institution, including, but not limited to, schools, colleges, correctional facilities, governmental agencies, and state parks, shall obtain a minimum of five percent of its food from in-state producers.
(b) To satisfy this requirement, state-funded institutions may purchase, either directly or indirectly fresh produce, meat and poultry products, milk and other dairy products, and other foods grown, produced, or processed by in-state producers.
(c) The commissioner shall establish by legislative rules the criteria for a food or food product to satisfy the requirements of this section, and may further identify food and food products that are eligible to be considered for in-state food credit.
(d) The commissioner shall further establish the criteria for determining when exceptions or exemptions should be granted to state institutions, including, but not limited to, situations in which the desired food, such as produce, meat and poultry products, milk and other dairy products, cannot be grown or is not available from in-state producers.
(e) The state-funded institution shall ensure that all contracts for the purchase of food, or that include the purchase of food as a component of the contract, contain provisions to ensure that the institution complies with the provisions of this article and any legislative rule promulgated pursuant thereto.
2023 West Virginia Code › Chapter 19. Agriculture › Article 38. Agriculture Investment Program › §19-38-1. Legislative Findings and Purpose

(a) The Legislature finds that:
(1) It is an important public policy to attract new and expand existing agricultural businesses and value-added facilities producing or further developing the availability of locally grown food and locally produced products.
(2) Agriculture-based businesses are necessary for diversifying the states economy.
(3) Because of the unique nature of these businesses, agriculture-based businesses struggle to obtain appropriate capital for development or expansion and require unique tools and guidance to navigate the hurdles associated with establishment and growth.
(b) Therefore, the Legislature hereby creates the West Virginia Agriculture Investment Program to accomplish these important public policy goals.
2023 West Virginia Code › Chapter 19. Agriculture › Article 38. Agriculture Investment Program › §19-38-2. Definitions

(a) "Commissioner" means the Commissioner of Agriculture, or his or her designee.
(b) "Department" means the West Virginia Department of Agriculture.
(c) "Fund" means the Agriculture Investment Fund created by this article.
(d) "Program" means the West Virginia Agriculture Investment Program created by this article.
2023 West Virginia Code › Chapter 19. Agriculture › Article 38. Agriculture Investment Program › §19-38-3. Agriculture Investment Fund Created

(a) There is hereby created in the State Treasury a special revenue account to be known as the West Virginia Agriculture Investment Fund. The fund shall be administered by the Department of Agriculture. The fund shall consist of all 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. The fund may receive any appropriations, gifts, grants, contributions, or other money from any source that is designated for deposit into the fund.
(b) Expenditures from the fund shall be for the purposes set forth in this article 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 fulfillment of the provisions of 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 38. Agriculture Investment Program › §19-38-4. West Virginia Agriculture Investment Program

(a) The West Virginia Agriculture Investment Program is hereby authorized. The purpose of this program is to attract and support new and expanding agriculture businesses and facilities producing or further developing products made, grown, or processed in West Virginia.
(b) The program shall be administered by the commissioner or his or her designee.
(c) Moneys may be awarded by the commissioner from the fund as either grants or loans.
(d) The criteria for awarding such grants or loans shall include, but are not limited to:
(1) The number of direct and indirect jobs expected to be created;
(2) The anticipated amount of private capital investment;
(3) The anticipated additional state tax revenue expected to accrue to the state and affected localities as a result of the capital investment and jobs created;
(4) The anticipated amount of West Virginia-grown, processed, or produced agricultural products utilized or promoted by the project; and
(5) The projected impact on agricultural producers.
(e) The commissioner may establish a committee to assist in the administration of the program. Members of the committee shall receive no compensation for their service on the committee but shall be entitled to receive reimbursement for expenses in accordance with the Department of Agriculture travel regulations.
2023 West Virginia Code › Chapter 19. Agriculture › Article 38. Agriculture Investment Program › §19-38-5. Legislative Rules

The commissioner shall propose rules for legislative approval in accordance with 29A-3-1
et seq
. of this code. Those rules shall, at a minimum:
(1) Identify the types of individuals and entities that are eligible for grants or loans from the program;
(2) Provide for the selection of members of any committee established by the commissioner to assist in administration of the program;
(3) Establish criteria for making grants or loans:
Provided
, That the commissioner shall consult with the Department of Commerce before proposing such criteria;
(4) Establish procedures and requirements for grant or loan applications; and
(5) Establish the administration, record-keeping, and reporting requirements for entities that receive grants or loans from the program.