reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 19. Agriculture › Article 11E. Milk and Milk Products › §19-11E-17. Transfer of Milk Regulation Authority From Department of Health and Human Resources to Department of Agriculture

(a) Effective July 1, 2019, authority for the regulation, including enforcement, of Grade "A" milk is hereby transferred to the commissioner from the Department of Health and Human Resources.
(b) Prior to July 1, 2019, the commissioner and the Department of Health and Human Resources shall enter into an agreement to provide for the orderly transition of regulatory operations from the Department of Health and Human Resources to the commissioner. Said agreement shall provide:
(1) For the transfer of records and equipment related to the milk regulation program to the commissioner;
(2) For the continued provision of services by staff of the Department of Health and Human Resources to the commissioner under the terms of the agreement;
(3) For transition, upon notice to Department of Health and Human Resources, of functions from the Department of Health and Human Resources to the commissioner; and
(4) For the completion of the transfer of all responsibilities from the Department of Health and Human Resources to the commissioner no later than December 31, 2019.
(c) During a period from July 1, 2019, to December 31, 2019, the Department of Health and Human Resources shall cooperate fully with the commissioner to ensure a smooth transition of authority, knowledge, and resources to guarantee that milk regulation in West Virginia suffers no gap or failure in regulation.
(d) All legislative rules issued by the Department of Health and Human Resources pursuant to its authority to regulate milk shall remain in effect until superseded by the commissioners regulations.
2023 West Virginia Code › Chapter 19. Agriculture › Article 12. Insect Pests, Plant Diseases and Noxious Weeds › §19-12-3. Commissioner to Enforce Article; Powers and Duties Generally

(a) It shall be the duty of the commissioner to exercise the powers and duties imposed upon him or her by this article for the purpose of protecting agricultural, horticultural and other interests of the state from plant pests or other insects and noxious weeds and for this purpose the commissioner is hereby authorized and empowered to promulgate such legislative rules, in accordance with the provisions of chapter twenty-nine-a of this code, as are necessary to effectively eradicate, suppress or control plant pests or other insects or noxious weeds or to retard the dissemination of plant pests or other insects or noxious weeds as far as may be practical and to employ or contract with such persons as may be appropriate.
(b) The commissioner is hereby authorized and empowered to cooperate with the federal government and any agencies, departments and instrumentalities thereof, the State of West Virginia and any agencies, departments, divisions or political subdivisions thereof and any other state or commonwealth and any agencies, departments or political subdivisions thereof, in order to carry out the effective administration of this article.
(c) The commissioner is empowered to enter into compliance agreements with any person engaged in growing, handling or moving articles, plants or plant products regulated by the provisions of this article.
2023 West Virginia Code › Chapter 19. Agriculture › Article 12. Insect Pests, Plant Diseases and Noxious Weeds › §19-12-4. Detection and Abundance Surveys; Findings of Commissioner; Eradication and Suppression

The commissioner shall cause detection and abundance surveys to be made for plant pests or other insects or noxious weeds of a highly injurious nature that may be present in the state to determine the necessity for establishing control practices. When the commissioner determines that a new and dangerous plant pest or other insect or noxious weed exists within the state or that an established pest or weed requires control and the nature of the pest or weed dictates immediate action, he shall proceed with a plan of eradication or suppression.
2023 West Virginia Code › Chapter 19. Agriculture › Article 12. Insect Pests, Plant Diseases and Noxious Weeds › §19-12-5. Rules and Regulations for Eradication, etc., of Plant Pests and Other Insects and Noxious Weeds; Enjoining Violations of Article or Rules and Regulations

The commissioner may promulgate rules and regulations under which he may proceed to eradicate or suppress and prevent the dissemination of plant pests or other insects or noxious weeds as far as may be practical and such rules and regulations as are necessary to carry out the purpose of this article. Any person violating any of the provisions of this article or any rules or regulations promulgated thereunder may be enjoined from continuing such violation or violations upon proper application to the circuit court of any county, and a judge thereof shall not require a bond as a condition precedent to the issuance of the injunction.
2023 West Virginia Code › Chapter 19. Agriculture › Article 12. Insect Pests, Plant Diseases and Noxious Weeds › §19-12-6. Quarantines and Other Orders; Plants or Plant Products Entering State

The commissioner shall have power to establish and maintain quarantines and to adopt other orders and rules and regulations concerning the planting, exposing, sale and transportation of all plants or plant products and regulated articles capable of carrying plant pests of a highly injurious nature in any living stage within this state. The commissioner shall also have the power to prescribe like rules and regulations pertaining to all plants or plant products entering this state. The commissioner shall have the authority to rescind quarantines and other orders when he determines the need or practicability no longer exists.
2023 West Virginia Code › Chapter 19. Agriculture › Article 12. Insect Pests, Plant Diseases and Noxious Weeds › §19-12-7. Infected or Infested Nursery Stock, Articles or Materials Subject to Seizure, etc.

The commissioner is hereby authorized to stop the delivery of, destroy, stop sale, to seize, to treat or to order returned to point of origin, at the owner's expense, any nursery stock or any article or material whatsoever transported or moved within this state or being transported into this state from any place outside thereof, if such nursery stock, article or material is found by him to be infested or infected with any dangerous plant pest or other insect or noxious weed or is in violation of any part of this article whether or not there is attached a valid certificate of inspection.
2023 West Virginia Code › Chapter 19. Agriculture › Article 12. Insect Pests, Plant Diseases and Noxious Weeds › §19-12-8. Right of Entry on Premises

The effectuate the purpose of this article, the commissioner is hereby invested with authority, during reasonable working hours, to enter upon any public or private premises, except private residences, to examine and sample all plants and trees, soil, articles, and substances which are suspected of being infested or infected with dangerous plant pests or other insects or noxious weeds in discharge of the duties prescribed by this article. No person shall obstruct or hinder him in the discharge of his duties.
2023 West Virginia Code › Chapter 19. Agriculture › Article 12. Insect Pests, Plant Diseases and Noxious Weeds › §19-12-9. Certificate of Registration for Nurserymen, Dealers, etc.; Refusal, Suspension, etc., of Certificates; Annual Registration Fees

It shall be unlawful for any nurseryman or dealer to expose or offer for sale, sell, deliver or give away any plants or parts of plants commonly known as nursery stock unless such person shall have first secured from the commissioner a certificate of registration. The commissioner may refuse, suspend or cancel any certificate upon satisfactory evidence that any of the provisions of this article or rules governing the sale of nursery stock within the state have been violated. The commissioner shall for each certificate of registration issued and for each renewal thereof, collect an annual registration fee in the amount of $10 for each nurseryman and $20 for each dealer. All certificates or registration shall expire on June 30 next after issue.
2023 West Virginia Code › Chapter 19. Agriculture › Article 12. Insect Pests, Plant Diseases and Noxious Weeds › §19-12-10. Inspection of Nurseries; Orders of Commissioner as to Eradication or Control of Infestation

All stock in custody of any dealer or person shall be subject to inspection. It shall be the duty of the commissioner to provide for the annual inspection, or more often if necessary, of all nurseries within the state.
The commissioner may order the owner or any person in charge of any infested or infected nursery stock or other nursery material, article or host plants, including soil, to take such necessary measures as will eradicate or control the said infestation or infection as he may deem necessary or proper. Such owner or person in charge shall carry out the order of the commissioner within the period of time designated in the order. If such owner or person in charge shall refuse or fail to carry out any such order, the commissioner may cause to be performed such eradication or control measures as are required by the order which shall be at the expense of the owner or person in charge.
2023 West Virginia Code › Chapter 19. Agriculture › Article 12. Insect Pests, Plant Diseases and Noxious Weeds › §19-12-11. Nursery Stock Brought Into State to Carry Inspection Certificate

It shall be unlawful to deliver, transport or ship within this state, nursery stock which has not been inspected in accordance with the provisions of this article and which does not carry an inspection certificate attached to each carload, truckload, box, bale, package or item, or to deliver, ship, send or bring any such nursery stock into this state from any place outside thereof, unless there is attached to each carload, truckload, box, bale, package or item, in a conspicuous place, a valid certificate of inspection issued by the proper official of the state, territory, district or country from which it was shipped, sent or brought, showing that such nursery stock, including soil, was found to be free from plant pests at the time of inspection.
Nursery stock brought into the state under an inspection certificate, as above required, may be sold and moved under the certificate of a registered West Virginia nurseryman or dealer or agent, but this shall not preclude inspection at any time within the state.
2023 West Virginia Code › Chapter 19. Agriculture › Article 12. Insect Pests, Plant Diseases and Noxious Weeds › §19-12-13. Inspection of Plants, etc., by Commissioner Upon Request; Certificate Stating Results of Inspection

Any person growing or possessing any plants or plant products or any other substance, material or thing may apply to the commissioner for a special inspection for the purpose of determining the presence of plant pests or noxious weeds which might prevent the movement or use of same. The expenses incurred in making the inspection shall be paid by the person making such request. The commissioner may comply with such request and shall issue to the person requesting an inspection a certificate stating the results of the inspection.
2023 West Virginia Code › Chapter 19. Agriculture › Article 12. Insect Pests, Plant Diseases and Noxious Weeds › §19-12-14. Permit Required to Sell, Transport, etc., Plant Pests or Noxious Weeds

No person may sell, barter, expose, offer for sale or move, transport, deliver, ship or offer for shipment into or within this state any plant pest or other insects or noxious weeds in any living stage without first obtaining either a federal permit, where applicable, or a state permit from the commissioner. A state permit may be issued only after it has been determined that the plant pests or other insects or noxious weeds are not injurious, are generally present already or are for scientific purposes subject to specified safeguards. If a permit, which addresses environmental safety, has been issued by the appropriate federal regulatory agency in consultation with the commissioner, no state permit is required. If the appropriate federal regulatory agency determines that a permit is unnecessary, the commissioner may, if he or she deems it necessary to protect West Virginia's agricultural interests, require a state permit.
2023 West Virginia Code › Chapter 19. Agriculture › Article 12. Insect Pests, Plant Diseases and Noxious Weeds › §19-12-15. Information to Be Furnished and Inspection Allowed Upon Request of Commissioner

The commissioner may request any person who has plants or plant products or articles or substances suspected of being infested or infected with dangerous pests in his possession to present same for inspection and to give full information as to the origin, number and destination of same, and it shall be a misdemeanor for such person to refuse to give the information upon request or to allow inspection.
2023 West Virginia Code › Chapter 19. Agriculture › Article 12. Insect Pests, Plant Diseases and Noxious Weeds › §19-12-16. Criminal Penalties; Civil Penalties; Duties of the Prosecuting Attorney

(a) Criminal penalties. -- Any person violating any of the provisions of this article, or the rules adopted hereunder, is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than $100 nor more than $500 for the first offense; and for the second offense, shall be fined not less than $500 nor more than $1,000, or confined in the county jail not more than six months, or both.
(b) Civil penalties. --
(1) Any person violating a provision of this article or rules adopted hereunder may be assessed a civil penalty by the commissioner. In determining the amount of any civil penalty, the commissioner shall give due consideration to the history of previous violations of any person, the seriousness of the violation, including any irreparable harm to the environment, any hazards to the health and safety of the public and any economic damages to the public and the demonstrated good faith of any person charged in attempting to achieve compliance with the article before and after written notification of the violation.
(2) The commissioner may assess a penalty of not more than $500 for each first offense or nonserious violation, and not more than $1,000 for a serious violation, or for a repeat or intentional violation.
(3) The civil penalty is payable to the State of West Virginia and is collectible in any manner now or hereafter provided for collection of debt. If any person liable to pay the civil penalty neglects or refuses to pay the same, the amount of the civil penalty, together with interest at ten percent, is a lien in favor of the State of West Virginia upon the property, both real and personal, of such a person after the same has been entered and docketed to record in the county where such property is situated. The clerk of the county, upon receipt of the certified copy of such, shall enter same to record without requiring the payment of costs as a condition precedent to recording.
(4) The commissioner shall promulgate legislative rules, in accordance with the provisions of chapter twenty-nine-a of this code, to provide for the implementation and assessment of civil penalties pursuant to subsection (b) of this section.
(5) The commissioner shall promulgate legislative rules, in accordance with the provisions of chapter twenty-nine-a of this code, to permit consent agreements or negotiated settlements for the civil penalties which may be assessed pursuant to the provisions of this section.
(c) No state court may allow for the recovery of damages for any administrative action taken, if the court finds that there was a probable cause for such action.
(d) It shall be the duty of the prosecuting attorney of the county in which the violation occurred to represent the Department of Agriculture, to institute proceedings and to prosecute the person charged with such violation.
2023 West Virginia Code › Chapter 19. Agriculture › Article 12. Insect Pests, Plant Diseases and Noxious Weeds › §19-12-17. Severability

If any provision of this article or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the article which can be given effect without the invalid provision or application and to this end the provisions of this article are declared to be severable.
2023 West Virginia Code › Chapter 19. Agriculture › Article 12. Insect Pests, Plant Diseases and Noxious Weeds › §19-12-18. Confidentiality of Trade Secrets

The commissioner may not make public information which contains or relates to trade secrets, commercial or financial information obtained from a person which is privileged or confidential information: Provided, That when the information is necessary to carry out the provisions of this article, this information may be revealed, subject to a protective order, to any federal, state or local agency consultant; or may be revealed, subject to a protective order, at a closed hearing or in findings of fact issued by the commissioner.
2023 West Virginia Code › Chapter 19. Agriculture › Article 12A. Land Division › §19-12A-1. Legislative Findings and Declarations

The Legislature hereby finds and declares that in order to ensure economic and efficient land use, increase and improve agricultural production, and provide food for residents of state operated institutions, state-owned farms should operate under the control of the Commissioner of Agriculture. The Legislature also finds and declares that the operation of all institutional farms under one management system with a single integrated farm plan is the most efficient method of providing the food needs of residents of state-operated institutions and will promote the health and welfare of all citizens of this state.
2023 West Virginia Code › Chapter 19. Agriculture › Article 12A. Land Division › §19-12A-2. Definitions

For the purpose of this article:
"Agricultural products" means livestock and livestock products, poultry and poultry products, fruits and fruit products, vegetables and vegetable products, grains and hays and the products derived therefrom, tobacco, syrups, honey, and other products derived from the business of farming; including such other products as may be manufactured, derived, or prepared from agricultural products, raw or processed, which are used as food for man or animals.
"Commission" means the Farm Management Commission as established by this article.
"Commissioner" means the Commissioner of Agriculture, or his or her designee.
"Department" means the Department of Agriculture.
"Farm equipment" means any equipment used for agricultural production.
"Farm facility" means any processing plant, milking parlor, farm equipment storage building, barn, silo, grain storage building, swinery, or any other building owned by an institution used in its farming operations.
"Institution" means any facility operated by the Department of Health and Human Resources or the Division of Corrections and Rehabilitation.
"Institutional farm" means any land which was formerly operated as a farm, is now being operated as a farm, or could be converted to agricultural production.
2023 West Virginia Code › Chapter 19. Agriculture › Article 12A. Land Division › §19-12A-6. Commissioner"s Powers and Duties

The commissioner or his or her designee is responsible for conducting the operations of the farms and shall:
(1) Prepare an annual report of the farming operations, including a listing of all receipts and expenditures and shall present it to the Legislature at the end of each fiscal year.
(2) Prepare the annual budget request for the operation of the institutional farms.
(3) Receive and approve all requisitions for farm supplies and equipment.
(4) Supervise the operation of all canneries and determine what foods are to be canned.
(5) Recruit and approve assistant farm managers to supervise each institutional farm.
(6) Transfer farm supplies, farm equipment, farm facilities, food stuffs, and produce from one institutional farm to another to promote efficiency and improve farm management.
(7) Rent or lease additional land for farm use.
By September 30 each year, each institution under the control of the Department of Health and Human Resources and the Division of Corrections and Rehabilitation shall present to the commissioner a purchase order for its food requirements during the next fiscal year as determined by the institution. If, during the year, an institution finds that it needs other or additional food, milk, or commodities not included in its purchase order for the year, the institutional superintendent may forward a supplemental request to the commissioner, which order may be filled depending on availability. If institutional farms produce more food, milk, and other commodities than can be sold to the institutions, the commissioner may sell the surplus to other state agencies willing to purchase. If any surplus remains after sales to other state agencies, the commissioner may sell the surplus on the open market or turn over any surplus food products to appropriate public, nonprofit agencies.
2023 West Virginia Code › Chapter 19. Agriculture › Article 12A. Land Division › §19-12A-6a. Special Revenue Account

All funds collected by the department pursuant to this article, whether from the sale of food, the disposition of assets other than land, the lease of land or minerals or any other source, shall be paid into a special revenue account to be used for the purposes of this article: Provided, That when the remaining balance at the end of any fiscal year of the funds so collected and deposited in the special revenue account exceeds $1 million, the department may transfer the excess funds to the Department of Agriculture Capital Improvements Fund established in §19-1-4e of this code.
2023 West Virginia Code › Chapter 19. Agriculture › Article 12B. Interstate Compact on Pest Control › §19-12B-5. Request for Assistance

Within the meaning of Article VI (b) or VIII (a), a request or application for assistance from the insurance fund may be made by the Governor or the commissioner of agriculture whenever in their judgment the conditions qualifying this state for such assistance exist and it would be in the best interest of this state to make such request.
2023 West Virginia Code › Chapter 19. Agriculture › Article 12B. Interstate Compact on Pest Control › §19-12B-6. Disposition of Compact Grants and Reimbursements

The department, agency, or officer expending or becoming liable for an expenditure on account of a control or eradication program undertaken or intensified pursuant to the compact shall have credited to his account in the state Treasury the amount or amounts of any payments made to this state to defray the cost of such program, or any part thereof, or as reimbursement thereof.
2023 West Virginia Code › Chapter 19. Agriculture › Article 12D. West Virginia Noxious Weed Act › §19-12D-2. Declaration of Purpose; Legislative Findings

The purpose of this article is to provide for the suppression or control of noxious weeds which have proven to be or which scientific evidence indicates may become detrimental factors affecting the public health or economy of the state. The Legislature finds that certain plant species may spread to the extent they become detrimental to agricultural crops, other desirable plants, livestock, waterways, land, public health and/or the general economy and that certain noxious weeds, not yet known to occur in West Virginia, may be inadvertently introduced and that procedures for locating and eliminating such infestations need to be established. Therefore, it is deemed necessary, in the public interest, to provide authority for the surveillance of, suppression and control of noxious weeds.
2023 West Virginia Code › Chapter 19. Agriculture › Article 12D. West Virginia Noxious Weed Act › §19-12D-3. Definitions

As used in this article:
(a) "Certificate" means a document issued by the commissioner indicating a regulated article is free of noxious weeds.
(b) "Commissioner" means the commissioner of agriculture of the State of West Virginia and his duly authorized representatives.
(c) "Infested" means the establishment of a noxious weed or exposure to such weed in a way creating reasonable certainty that establishment will occur.
(d) "Move" means to ship, offer for shipment, receive for transportation, carry, or otherwise transport, move or allow to be moved.
(e) "Noxious weed" means any living plant, or part thereof, declared by the commissioner, after public hearing, to be detrimental to crops, other desirable plants, waterways, livestock, land or other property, or to be injurious to public health or the economy.
(f) "Permit" means a document issued by the commissioner to provide for movement of regulated articles to restricted destinations for limited handling, utilization, processing, or for scientific purposes.
(g) "Person" means any individual or combination of individuals, partnership, corporation, company, society, association, firm, or other business entity and each officer, agent or employee thereof; the state and federal government and any department, agency, or subdivision thereof; or any other entity.
(h) "Quarantine" means a legal declaration by the commissioner specifying:
(1) The common and scientific name of the noxious weed.
(2) The articles to be regulated.
(3) The conditions governing movement.
(4) Exemptions.
(i) "Regulated article" means any article of any character which is transporting or which is capable of transporting any noxious weed.
(j) "Reasonable notification" means at least forty-eight hours.
2023 West Virginia Code › Chapter 19. Agriculture › Article 12D. West Virginia Noxious Weed Act › §19-12D-4. Administration of Article; Promulgation of Regulations

(a) The commissioner shall administer and enforce the provisions of this article and shall have authority to issue regulations after a public hearing following due notice to all interested persons in conformance with the provisions of the state administrative procedures set forth in chapter twenty-nine- a of this code.
(b) In issuing such regulations, the commissioner shall give consideration to pertinent research findings and recommendations of other agencies of the state, the federal government, and other reliable sources.
2023 West Virginia Code › Chapter 19. Agriculture › Article 12D. West Virginia Noxious Weed Act › §19-12D-5. Surveys for Noxious Weeds; Multiflora Rose

(a) The commissioner shall make surveys for noxious weeds and when it is determined that an infestation exists within the state he may, by regulation after public hearing held in accordance with procedures set forth in chapter twenty-nine-a of this code, declare the weed to be noxious.
(b) Multiflora rose, Rosa multiflora, is a detriment to agriculture in West Virginia and is hereby declared to be a noxious weed.
2023 West Virginia Code › Chapter 19. Agriculture › Article 12D. West Virginia Noxious Weed Act › §19-12D-6. Quarantines

When a plant is declared to be noxious under section five of this article, the commissioner shall, subsequent to the declaration of a quarantine, limit the application of rules and regulations pertinent to such quarantine to the infested portion of the state and appropriate environs, which would be known as the regulated area and may, without further hearing, extend the regulated area to include additional portions of the state upon publication of a notice to that effect in a newspaper distributed in the extended area or by direct written notice to those concerned.
2023 West Virginia Code › Chapter 19. Agriculture › Article 12D. West Virginia Noxious Weed Act › §19-12D-7. Prohibited Acts; Permits; Authority to Stop Sale or Delivery

(a) No person shall violate any provision of this law or any rule promulgated thereunder.
(b) No person shall move, transport, deliver, ship or offer for shipment into or within this state any noxious weed without first obtaining a permit from the commissioner and such permit shall be issued only after it has been determined that the noxious weed is generally present throughout the state or is for scientific purposes subject to prescribed safeguards: Provided, That the division shall take final action upon all completed permit applications within thirty days of receipt if the application is uncontested, or within ninety days if the application is contested.
(c) The commissioner, in order to prevent the introduction or dissemination of noxious weeds, is hereby authorized to stop delivery, stop sale, seize, destroy, treat, or order returned to the point of origin, at the owner’s expense, any noxious weed, article or substance, whatsoever, if it is being transported or moved within this state, or if it exists on any premises within the state, or if it is being brought into this state from any place outside thereof, if such is found by him or her to be infested with any noxious weed subject to this article.
2023 West Virginia Code › Chapter 19. Agriculture › Article 12D. West Virginia Noxious Weed Act › §19-12D-9. Right of Entry

To effectuate the purpose of this article, the commissioner is hereby invested with authority to enter upon any public or private premises, except private residences, and the curtilage thereof, at reasonable times, after reasonable notification to the owner and tenant or agent in order to examine and sample all plants and trees, soil, articles, and substances which are suspected of being infested with a noxious weed in discharge of the duties prescribed by this article.
2023 West Virginia Code › Chapter 19. Agriculture › Article 12D. West Virginia Noxious Weed Act › §19-12D-10. Review of Actions of Commissioner

Any person aggrieved by any action of the commissioner may obtain a review thereof by filing in a court of competent jurisdiction, within thirty days of notice of the action, a written petition praying that the action of the commissioner be enjoined or set aside. A copy of such petition shall forthwith be delivered to the commissioner and within thirty days thereafter the commissioner shall certify and file in the court a transcript of any record pertaining thereto, including a transcript of evidence received, whereupon the court shall have jurisdiction to affirm, set aside, or modify the action of the commissioner, except that the findings of the commissioner as to the facts, if supported by substantial evidence, shall be conclusive.
2023 West Virginia Code › Chapter 19. Agriculture › Article 12D. West Virginia Noxious Weed Act › §19-12D-11. Penalties

Any person violating any of the provisions of this article, or the rules and regulations adopted thereunder, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than $10 nor more than $100.
It shall be the duty of the prosecuting attorney of the county in which the violation occurred to represent the commissioner, to institute proceedings and to prosecute the person charged with such violation. In the event a county or prosecuting attorney refuses to act on behalf of the commissioner, the Attorney General shall so act.
2023 West Virginia Code › Chapter 19. Agriculture › Article 12D. West Virginia Noxious Weed Act › §19-12D-12. Importation or Sale of Multiflora Rose Unlawful

Notwithstanding any other provisions of this code to the contrary, it is unlawful for any person, firm or corporation to import or otherwise bring or move into this state or sell or offer or expose for sale or have in possession with intent to sell or offer or expose for sale in this state the noxious weed known as multiflora rose, rosa multiflora. Any person, firm or corporation violating the provisions of this section is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than $1,000, or confined in jail not more than one year or both fined and imprisoned. In addition, the commissioner may obtain injunctive relief, along with a civil penalty of $1,000, for any violation of this section in the circuit court of any county wherein such violation occurs. The commissioner shall not under any circumstances grant any permit for the sale in this state of or importation or other movement into this state of multiflora rose, rosa multiflora. The provisions of this section are in addition to the powers, duties and authority given to the commissioner elsewhere in this article and do not limit or abrogate in any way the powers and authority given the commissioner elsewhere in this article, except that the criminal penalties of this section apply to violations of this section and the penalty provisions of section eleven of this article do not apply thereto.
2023 West Virginia Code › Chapter 19. Agriculture › Article 12E. Industrial Hemp Development Act › §19-12E-2. Purpose

The Legislature finds that the development and use of industrial hemp can serve to improve the state's economy and agricultural vitality and that the production of industrial hemp can be regulated so as not to interfere with the strict regulation of controlled substances in this state. The purpose of the industrial hemp development act is to promote the economy and agriculture by permitting the development of a regulated industrial hemp industry while maintaining strict control of marijuana.
2023 West Virginia Code › Chapter 19. Agriculture › Article 12E. Industrial Hemp Development Act › §19-12E-3. Definitions

As used in this article:
(a) "Cannabidiol" or "CBD" means the compound by the same name derived from the hemp variety of the cannabis sativa L. plant;
(b) "Commercial sales" means the sale of products in the stream of commerce, at retail, wholesale, and online;
(c) "Commissioner" means the Commissioner of Agriculture or his or her designee;
(d) "Cultivating" means planting, watering, growing, and harvesting a plant or crop;
(e) "Department" means the West Virginia Department of Agriculture and its employees;
(f) "Handling" means possessing or storing hemp plants for any period of time on premises owned, operated, or controlled by a person licensed to cultivate or process hemp. "Handling" also includes possessing or storing hemp plants in a vehicle for any period of time other than during its actual transport from the premises of one licensed person to cultivate or process industrial hemp to the premises of another licensed person. "Handling" does not mean possessing or storing finished hemp products;
(g) "Hemp" or "industrial hemp" means all parts and varieties of the plant Cannabis sativa L. and any part of the plant, including the seeds of the plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not with no greater than 0.3% tetrahydrocannabinol, or the THC concentration for hemp defined in 7 U.S.C. § 5940, whichever is greater;
(h) "Hemp products" means all products derived from, or made by, processing hemp plants or plant parts, that are prepared in a form available for commercial sale;
(i) "Licensee" means an individual or business entity possessing a license issued by the Department to grow, handle, cultivate, or process hemp;
(j) "Marijuana" means all plant material from the genus cannabis containing more than one percent tetrahydrocannabinol or seeds of the genus capable of germination;
(k) "Processing" means converting an agricultural commodity into a marketable form; and
(l) "THC" means tetrahydrocannabinol. Notwithstanding any other provision of this code to the contrary, the THC found in industrial hemp shall not be considered to be THC for the purposes of qualifying as a controlled substance.
2023 West Virginia Code › Chapter 19. Agriculture › Article 12E. Industrial Hemp Development Act › §19-12E-4. Industrial Hemp Authorized as Agricultural Crop; License Required

(a) Industrial hemp is considered an agricultural crop in this state if grown for the purposes authorized by the provisions of this article. Upon meeting the requirements of 19-12E-5 of this code, an individual in this state may plant, grow, harvest, possess, process, sell, or buy industrial hemp.
(b) A person shall not cultivate, handle, or process industrial hemp in this state unless the person holds an industrial hemp license issued by this state.
2023 West Virginia Code › Chapter 19. Agriculture › Article 12E. Industrial Hemp Development Act › §19-12E-6. Industrial Hemp Production – Notification

(a) Every licensee shall file with the commissioner:
(1) Documentation showing that the seeds planted are of a type and variety certified to contain no more than 0.3% tetrahydrocannabinol;
(2) A copy of any contract to grow industrial hemp; and
(3) Any other document required to be submitted by the commissioner.
(b) Each licensee shall notify the commissioner of the sale or distribution of any industrial hemp grown by the licensee, including, but not limited to, the name and address of the person or entity receiving the industrial hemp and the amount of industrial hemp sold.
2023 West Virginia Code › Chapter 19. Agriculture › Article 12E. Industrial Hemp Development Act › §19-12E-7. Rule-Making Authority

The commissioner shall propose legislative rules for promulgation in accordance with §29A-3-1 et seq. of this code that include, but are not limited to:
(1) Licensing persons who wish to grow, cultivate, handle, or process industrial hemp;
(2) Sampling and testing of the industrial hemp to determine tetrahydrocannabinol levels;
(3) Supervision of the industrial hemp during its growth and harvest;
(4) Assessment of fees that are commensurate with the costs of the commissioners activities in licensing, testing, and supervising industrial hemp production;
(5) The production and sale of industrial hemp;
(6) The production, sale, possession, handling, or transport of hemp products and extracts, including those containing one or more hemp-derived cannabinoids, including CBD; and
(7) Any other rules and procedures necessary to carry out the purposes of this article.
2023 West Virginia Code › Chapter 19. Agriculture › Article 12E. Industrial Hemp Development Act › §19-12E-8. Disposition of Fees

All fees assessed as provided for in §19-12E-5 of this code must be deposited with the state treasurer to the credit of the "Agricultural Fees Fund" established by the provisions of §19-1-4c of this code for the use of the commissioner for administering and enforcing the provisions of this article.
2023 West Virginia Code › Chapter 19. Agriculture › Article 12E. Industrial Hemp Development Act › §19-12E-9. Defense for Possession or Cultivation of Marijuana

(a) It is a complete defense to a prosecution for the possession or cultivation of marijuana pursuant to the provisions of §60A-4-401 et seq. of this code that defendant was growing industrial hemp pursuant to the provisions of this article.
(b) This section is not a defense to a charge of criminal sale or distribution of marijuana as defined in §60A-1-101 et seq. of this code which does not meet the definition of industrial hemp.
2023 West Virginia Code › Chapter 19. Agriculture › Article 12E. Industrial Hemp Development Act › §19-12E-10. State Regulation of Industrial Hemp

(a) The commissioner may submit to the Secretary of the United States Department of Agriculture, for his or her approval, a plan under which this state monitors and regulates the production of industrial hemp. The plan shall comply with the requirements of 7 U.S.C. § 1621 et seq. and any other requirements established by the United States Department of Agriculture.
(b) Nothing in this section prohibits the production of industrial hemp in this state if the commissioner declines to submit a plan, or if a submitted plan is not approved by the United States Department of Agriculture in accordance with other federal laws and regulations.
2023 West Virginia Code › Chapter 19. Agriculture › Article 12E. Industrial Hemp Development Act › §19-12E-11. Violations; Negligent Violations; Notice

(a) A licensee in this state that does not comply with any approved plan is subject to §19-12E-11(b) of this code if the department determines the licensee has negligently violated the state plan by:
(1) Failing to provide a legal description of the land on which the licensee produces hemp;
(2) Failing to obtain a license or other required authorization from the West Virginia Department of Agriculture; or
(3) Producing industrial hemp containing more than 0.3% of tetrahydrocannabinol.
(b) A licensee described in subsection (a) of this section shall comply with any requirements established by the department to correct any negligent violation, including:
(1) A reasonable date by which the hemp producer shall correct the negligent violation; and
(2) In the discretion of the commissioner, any requirement that the licensee shall periodically report to the department the licensees compliance with the state plan for at least two calendar years from the date of the negligent violation.
(c) A licensee that negligently violates the provisions of this article, legislative rules promulgated pursuant to this article, or this states approved plan authorized pursuant to §19-12E-10 of this code three times in a five-year period, is ineligible to produce hemp in this state for a period of five years beginning on the date of the third violation.
(d) If the department determines that a licensee in this state has intentionally violated the provisions of this article, legislative rules promulgated pursuant to this article, or this states approved plan authorized pursuant to §19-12E-10 of this code, the provisions of §19-12E-11(b) of this code shall not apply to the violation and the department shall report the licensee to:
(1) The attorney general;
(2) The sheriff of the county in which the hemp is being grown; and
(3) The local detachment of the West Virginia State Police.
(e) Absent a notification pursuant to subsection (d) of this section, a licensee that negligently violates state laws or rules is not subject to any criminal or civil enforcement action by any state, county, or municipal government.
2023 West Virginia Code › Chapter 19. Agriculture › Article 12F. Select Plant-Based Product Regulation Act: Kratom › §19-12F-2. Findings; Purpose

The legislature finds that select plant-based derivatives, including kratom, can be regulated so as not to interfere with the strict regulation of controlled substances in this state. The purpose of this article is to allow limited regulated assess to kratom for adults 21 years of age and older.
2023 West Virginia Code › Chapter 19. Agriculture › Article 12F. Select Plant-Based Product Regulation Act: Kratom › §19-12F-3. Definitions

(1) "Alcohol Beverage Control Commissioner" means the Alcohol Beverage Control Commissioner or his or her designee.
(2) "Commissioner" means the Commissioner of Agriculture or his or her designee.
(3) "Contaminated" means made impure and unsafe by biological, chemical, or physical additives.
(4) "Department" means the West Virginia Department of Agriculture.
(5) "Kratom" means a psychoactive preparation that is composed of the crushed or powdered dried leaves of the mitragyna speciosa, a yellow-flowered tropical tree which contains the alkaloids mitragynine and 7-hydroxymitragynine.
(6) "Kratom product" means a food product, food ingredient, dietary agreement, dietary supplement, or beverage intended or marketed for human consumption containing any part of the leaf of the plant mitragyna speciosa.
(7) "Manufacture" means a person or entity which grows kratom for commercial purposes.
(8) "Processor" means a person or entity that processes, distributes, sells, or offers for sale, kratom or kratom products in this state on a wholesale basis to a retailer.
(9) "Retailer" means a person or entity that distributes, offers for sale, or sells kratom or kratom products to persons for personal consumption.
2023 West Virginia Code › Chapter 19. Agriculture › Article 12F. Select Plant-Based Product Regulation Act: Kratom › §19-12F-4. Processor and Retailer Permits; Regulation

Any person manufacturing, processing, distributing, offering for sale, or selling kratom or kratom products in this state shall have a permit issued by the commissioner and be otherwise authorized to do business in this state. The commissioner may issue permits for manufacturers, processors, and retailers.
2023 West Virginia Code › Chapter 19. Agriculture › Article 12F. Select Plant-Based Product Regulation Act: Kratom › §19-12F-5. Rule-Making Authority

(a) The commissioner shall propose legislative rules for promulgation in accordance with 29A-3-1
et seq
. of this code that include, but are not limited to:
(1) Issuance of permits to persons who wish to manufacture, process, distribute, offer for sale, or sell kratom;
(2) Sampling and testing of kratom to determine purity levels;
(3) Supervision of the kratom during its manufacture, processing, and sale;
(4) Assessment of fees that are commensurate with the costs of the Commissioner of Agricultures activities in permitting, testing, and supervising the regulation of kratom and the sale of kratom products;
(5) The production, processing, sale, possession, distribution, or transport of kratom products;
(6) Developing standards for the labeling of kratom products to include, at a minimum, a statement which says "KEEP OUT OF REACH OF CHILDREN. CONSULT YOUR PHYSICIAN BEFORE USE IF YOU ARE PREGNANT OR TAKING ANY MEDICATION";
(7) Developing guidelines or standards related to the display or staging of kratom products to increase the safety of underage patrons in retail environments;
(8) Developing prohibitive standards as to child targeted packaging and shapes and forms of products;
(9) Developing administrative rules, procedures, and sanctions for violations of this section;
(10) Any other rules and procedures necessary to carry out the provisions of this article.
(b) The Commissioner of Agriculture and the Alcohol Beverage Control Commissioner may, pursuant to 29A-3-15 of this code, promulgate such separate or joint emergency rules as are necessary to effectuate the purposes of this article.
2023 West Virginia Code › Chapter 19. Agriculture › Article 12F. Select Plant-Based Product Regulation Act: Kratom › §19-12F-6. Age Verification Requirements

(a) Any website owned, managed, or operated by a person who manufactures, processes, distributes, offers for sale, or sells a product containing kratom or kratom products to persons in this state shall employ a neutral age-screening mechanism that verifies that the user is at least 21 years old, including by using an age-gate, age-screen, or other age-verification mechanism approved by the commissioner.
(b) Any person or entity distributing, offering to distribute or sell, or selling kratom or kratom products to persons in this state by means other than a direct in-person transaction shall employ an age-verification mechanism approved by the commissioner.
2023 West Virginia Code › Chapter 19. Agriculture › Article 12F. Select Plant-Based Product Regulation Act: Kratom › §19-12F-8. Application and Registration Fees

(a) Applicants for kratom and kratom manufacturer, processor, or retailer permits shall pay a non-refundable application fee of $1,500 which shall be deposited with the State Treasurer to the credit of the Agricultural Fees Fund established by the provisions of 19-1-4c of this code for the use of the commissioner for administering and enforcing the provisions of this article.
(b) Processor and retailer permit holders shall pay an annual fee of $300 which shall be deposited with the State Treasurer to the credit of the Agricultural Fees Fund established by the provisions of 19-1-4c of this code for the use of the commissioner in administering and enforcing the provisions of this article.
2023 West Virginia Code › Chapter 19. Agriculture › Article 12F. Select Plant-Based Product Regulation Act: Kratom › §19-12F-9. Cooperative Enforcement Agreements

(a) The provisions of article related to retail sales shall be enforced by the commissioner with the assistance of the Alcohol Beverage Control Commissioner.
(b) The commissioner and the Alcohol Beverage Control Commissioner shall enter into a memorandum or memoranda of understanding to facilitate enforcement of this article.