reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-31 - Livestock Care Standards › Section 61-31-12 - Exemptions

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. This rule
				does not apply during emergency situations or limit or prevent a licensed and
				accredited veterinarian or person under the supervision of a veterinarian from
				providing necessary care for an animal. (
Animal Welfare Act,
				7 U.S.C.
				2131-2159.)
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-31 - Livestock Care Standards › Section 61-31-13 - Standards of care for beef cattle, bison, and veal

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. The
				responsible party shall feed veal calves two (2) or more times per day
				following a regular routine, if the veal calves are not provided unlimited
				access to feed. On all farms that house veal calves, there shall be access to
				hot water for the purpose of sanitation and mixing a milk-based liquid diet or
				milk replacer.
13.2. Body scoring
				evaluations shall be determined by using industry standards.
13.2.a. Evaluations shall be made using a
				scale of 1 - 9.
13.2.b. Any beef
				cattle, bison, or veal with a score of less than 2 and not under the care of a
				licensed and accredited veterinarian in West Virginia will be considered to be
				in violation of this rule.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-31 - Livestock Care Standards › Section 61-31-14 - Standards of care for dairy cattle

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. Facilities
				shall be free of excessive manure.
14.2. Body scoring shall be determined by
				using industry standards.
14.2.a. Evaluations
				shall be made using a scale of 1 - 5.
14.2.b. Any dairy cattle with a score of less
				than 2 and not under the care of a licensed and accredited veterinarian in West
				Virginia is in violation of this rule.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-31 - Livestock Care Standards › Section 61-31-15 - Standards of care for equine

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. Additional
				standards of care may be referenced by consulting
American Association
				of Equine Practitioners Care Guidelines for Equine Rescue and Retirement
				Facilities.
15.2. Drink.
				Water containers shall be cleaned regularly and free of any hazard.
15.3. Feed.
15.3.a. Horses shall be provided a diet
				sufficient to maintain a healthy weight and body condition. In evaluating herd
				health, any individual Henneke body score of less than "three" (3) is
				unacceptable; unless that animal is under the supervision of a licensed and
				accredited veterinarian. Geriatric or ill horses may have less than an ideal
				weight and body condition.
15.3.b.
				In the event of a communicable disease being identified, the state veterinarian
				shall place an equine quarantine, which shall require the infected equine to be
				held a minimum of 200 yards from any other animal.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-31 - Livestock Care Standards › Section 61-31-16 - Standards of care for small ruminants

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. Body scoring
				shall be determined by using industry standards.
16.1.a. Evaluations shall be made using a
				scale of 1 - 5.
16.1.b. Any small
				ruminant with a score of less than 2 and not under the care of a licensed and
				accredited veterinarian in West Virginia is in violation of this
				rule.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-31 - Livestock Care Standards › Section 61-31-17 - Standards of care concerning swine

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. Body scoring
				shall be determined by using the
National Pork Board Pork Quality
				Assurance Guidelines.
17.2. If being transported, swine must be
				able to stand in their natural position without touching the top of the
				transport conveyance.
17.3. The
				following are be authorized practices:
17.3.a.
				Castration;
17.3.b. Needle teeth
				clipping;
17.3.c. Boar tusk
				removal;
17.3.d. Tail
				docking;
17.3.e. Identification,
				using ear notching, tattooing, or ear tagging;
17.3.f. Environmentally controlled housing.
				Swine may be raised in environmentally controlled housing designed in a manner
				that minimizes the effects of adverse weather conditions;
17.3.g. Stalls, pens or outdoor lots with
				shelters for gestating sows;
17.3.h. Crates, pens or outdoor huts for
				farrowing and lactating sows;
17.3.i. Nose rings;
17.3.j. Surgery;
17.3.k. Artificial insemination; or
17.3.l. Any other widely accepted
				practices.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-31 - Livestock Care Standards › Section 61-31-18 - Standards of care concerning poultry

Current through Register Vol. XLI, No. 28, July 12, 2024
18.1. Stocking
				densities shall allow sufficient floor space for poultry to perch or rest based
				on poultry production standards, production type, management guides and housing
				type.
18.2. Ambulatory disabled and
				non-ambulatory disabled poultry that cannot reach feed or water shall be
				dispossessed.
18.3. The following
				are authorized practices:
18.3.a. Non-feed
				withdrawal molt methods for layers and breeder;
18.3.b. Trimming of the beak;
18.3.c. The partial or complete removal of
				the comb, snood or toe nail;
18.3.d. Withholding of feed or water in
				circumstances such as:
18.3.d.1. Preparation
				for administration of vaccines or medication in the water; or
18.3.d.2. Preparation for
				transportation;
18.3.e.
				Housing methods, including; or
18.3.f. Any other widely accepted practices.
18.3.f.1. A caged egg production system in an
				enclosed or open-sided building having some openwork for confining poultry.
				Types of caged housing systems include conventional, belt-battery, enriched and
				reverse;
18.3.f.2. A cage-free egg
				production system in an enclosed or open-sided building in which the poultry
				are free to move within the building. Types of cage-free housing systems
				include slat floor, litter floor, partial slat or litter floor, stretched wire
				floor and aviary systems; and
18.3.f.3. A Free-Roam or Free-Range egg
				production system where poultry have access to the outside or range and are
				provided shelter.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-31 - Livestock Care Standards › Section 61-31-19 - Standards of care concerning captive cervids

Current through Register Vol. XLI, No. 28, July 12, 2024
19.1. The
				responsible party shall maintain captive cervids in accordance with the
				Department of Agriculture's rule Captive Cervid Farming 61CSR34.
19.2. Body scoring shall be determined by
				using the Canadian system or Purina Mills.
19.2.a. Evaluations shall be made using a
				scale of 1-5.
19.2.b. Any owner of
				a captive cervid with a score of less than 2 and not under the care of a
				licensed and accredited veterinarian in West Virginia is in violation of this
				rule.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-31 - Livestock Care Standards › Section 61-31-20 - Animal morbidity and mortality data

Current through Register Vol. XLI, No. 28, July 12, 2024
20.1. Animal
				morbidity and mortality data shall be referenced in the USDA FSA West Virginia
				Livestock Mortality Rates.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-31 - Livestock Care Standards › Section 61-31-21 - Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
21.1. A person
				who violates any provision of this rule is subject to the penalties prescribed
				in West Virginia Code §
									61-8-19.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-32 - Equine Rescue Facilities › Section 61-32-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule defines terms, establishes the standards for maintenance of
				the premises of an Equine Rescue facility, the standards of care and health of
				the horses kept at the facility, as well as standards for inspection of those
				facilities. This legislative rule also establishes standards for closure and
				seizure of horses kept at an Equine Rescue facility.
1.2. Authority. -- West Virginia Code §
				19-33-1.
1.3. Filing Date. -- April
				14, 2015
1.4. Effective Date. --
				June 1,2015
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-32 - Equine Rescue Facilities › Section 61-32-3 - Issuance of license

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. A person
				requesting a license to operate an Equine Rescue Facility shall submit an
				application to the Commissioner of the West Virginia Department of
				Agriculture.
3.2. The application
				shall include:
3.2.a. The name of the person
				responsible for the facility;
3.2.b. The address of the facility;
3.2.c. A detailed drawing and measurements of
				the facility including;
3.2.c.1. A
				quarantined area; and
3.2.c.2. An
				isolation area;
3.2.d.
				The phone number of the person responsible for the facility; and
3.2.e. All veterinary records pertaining to
				each equine at the facility including;
3.2.e.1. The name of the veterinarian;
				and
3.2.e.2. The phone number of
				the veterinarian.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-32 - Equine Rescue Facilities › Section 61-32-4 - Annual fee

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The annual
				fee for an equine rescue facility license is $100.
4.2. The Commissioner shall remit this fee to
				the humane officer in the county where the facility is located to offset the
				expense of inspecting that facility.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-32 - Equine Rescue Facilities › Section 61-32-5 - Standards of care for equine rescue facility

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Standards of care for an equine rescue
				facility are contained in the West Virginia Department of Agriculture's rule.
				Livestock Care Standards 61CSR31.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-32 - Equine Rescue Facilities › Section 61-32-6 - Standards for inspection

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. All
				equine rescue facilities shall be inspected two (2) times per year by the
				humane officer in that county.
6.2.
				The humane officer shall notify the Commissioner of his or her inspection
				report.
6.3. If the standards of
				care that are listed in §
									61-32-5
				and §
									61-32-6,
				are not met the Commissioner shall revoke the facility's license.
6.4. The facility shall have up to sixty (60)
				days after the revocation to correct its violations.
6.5. In the case of an emergency situation,
				the Commissioner may allow a facility which is not meeting the standards to
				remain open until it can resolve the situation.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-32 - Equine Rescue Facilities › Section 61-32-7 - Standards for closure

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The
				Commissioner shall close any facility that fails to comply with correction of
				its violations.
7.2. If ownership
				of equine seized from the facility is granted to the state, the West Virginia
				Department of Agriculture shall immediately sell equine at public auction to
				the highest bidder.
7.2.a. All equine taken to
				public auction shall require a negative Coggins test.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-33 - Rural Rehabilitation Program › Section 61-33-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- The
				Rural Rehabilitation Loan Program is a program administered by the West
				Virginia Department of Agriculture. This legislative rule defines the Rural
				Rehabilitation Loan Program, establishes requirements for the Rural
				Rehabilitation Loan Committee, the minimum financial requirements for receiving
				a loan, requirements for loan usage, sufficient collateral, an application
				process, refinancing, delinquencies, restructuring distressed loans, collection
				proceedings, requirements for advertising the program and sets forth applicable
				interest rates.
1.2.
Authority
. -- W. Va. Code §
									19-1-11.
1.3.
Filing Date.
-- April 15,
				2022
1.4.
Effective
				Date.
- April 18, 2022
1.5.
Sunset Date.
-- This rule shall terminate and have no further
				force or effect on August 1, 2032.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-33 - Rural Rehabilitation Program › Section 61-33-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Agricultural
				or related purpose" means to use for starting, purchasing, or expanding a farm
				operation; to assist farmers who have suffered financial setbacks from natural
				disasters, or who need additional resources with which to redirect or maintain
				profitable farming operations; or for any other agricultural purpose determined
				important by the Commissioner.
2.2.
				"Application" means a request form for a loan submitted to the West Virginia
				Department of Agriculture Rural Rehabilitation Loan Committee.
2.3. "Application for restructuring" means a
				written request from a borrower for the restructuring of a distressed loan in
				accordance with a preliminary restructuring plan proposed by the borrower,
				accompanied by sufficient financial information and repayment projections to
				support a sound credit decision.
2.4. "Collateral" means security that is
				pledged for a loan.
2.5.
				"Collection proceedings" means proceedings to demand payment of a
				loan.
2.6. "Commissioner" means the
				Commissioner of the West Virginia Department of Agriculture or his or her
				designee.
2.7. "Delinquency" and
				"Delinquencies" mean a failure to pay back a loan; neglecting to pay back a
				loan in a timely manner.
2.8.
				"Department employee" means a person who is currently employed by the West
				Virginia Department of Agriculture.
2.9. "Distressed loan" means a loan that the
				borrower does not have the financial capacity to pay according to its terms,
				that presents a high probability of loss to the Rural Rehabilitation Loan
				Program, and that exhibits one or both of the following characteristics:
2.9.a. The borrower is experiencing
				documented financial adversity; or
2.9.b. The loan is delinquent or past due
				under the terms of the loan contract.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-33 - Rural Rehabilitation Program › Section 61-33-3 - Rural Rehabilitation Loan Committee

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The Commissioner shall establish a loan
				committee consisting of the following five (5) members:
3.1.a. One current employee of the West
				Virginia Department of Agriculture; and
3.1.b. Four public members as follows:
3.1.b.1. One member with agricultural
				experience;
3.1.b.2. One member
				with business loan experience; and
3.1.b.3. Two at large members.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-33 - Rural Rehabilitation Program › Section 61-33-4 - Requirements for applicants

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. An
				applicant wanting to participate in the Program must have an acceptable credit
				history.
4.2. An applicant may not
				be delinquent on a federal or state debt, nor have received forgiveness from
				any government-sponsored loan program, other than a government-sponsored loan
				forgiveness program.
4.3. No
				department employee, Rural Rehabilitation Loan Committee member, or their
				immediate family member is_eligible for the loan program.
4.4. An applicant shall demonstrate adequate
				training, education or agricultural experience.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-33 - Rural Rehabilitation Program › Section 61-33-5 - Loans for agricultural or related purposes

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. An applicant may only use loan proceeds
				for agricultural or related purposes, as determined by the
				Commissioner.
5.2. Funds shall be
				used to support of a thriving agricultural economy.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-33 - Rural Rehabilitation Program › Section 61-33-6 - Sufficient collateral required

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. All loans shall be secured by sufficient
				collateral.
6.2. If the applicant
				applies for a loan, he or she shall demonstrate significant financial
				contributions of his or her own. This requirement may be waived if the Rural
				Rehabilitation Loan Committee makes a written determination that a loan does
				not require a significant financial contribution by the borrower.
6.3. If the loan proceeds are to be used for
				the purchase of collateral securing the loan, the applicant shall purchase all
				such collateral within a reasonable time period, not to exceed thirty (30) days
				after the date of loan closing, or as set by the Rural Rehabilitation Loan
				Committee.
6.4. The applicant shall
				cooperate with the Rural Rehabilitation Loan Committee to provide all necessary
				identifying information and legal documentation needed to perfect a lien
				against the collateral, within a reasonable time period, not to exceed thirty
				(30) days after the date of loan closing, or as set by the Rural Rehabilitation
				Loan Committee.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-33 - Rural Rehabilitation Program › Section 61-33-7 - Application

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The
				application shall include the applicant's name, address and Social Security
				number.
7.2. The application shall
				also include any additional information requested by the Commissioner to
				thoroughly evaluate the loan applicant's credit worthiness, current debt load,
				ability to repay the loan, proper collateral and other financial
				history.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-33 - Rural Rehabilitation Program › Section 61-33-8 - Applicable interest rates

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1 The
				Rural Rehabilitation Loan Committee shall set an interest rate using Wall
				Street Journal Prime Rate as a guide for the appropriate interest rate at the
				time it votes to recommend the loan for the Commissioner's approval.
8.2. The interest rate is fixed throughout
				the life of the loan at the interest rate established in this section unless
				otherwise modified as part of an approved loan restructuring. Modifications may
				raise or lower the interest rate.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-33 - Rural Rehabilitation Program › Section 61-33-9 - Delinquencies and collection proceedings

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. A loan is deemed delinquent when the
				borrower misses two (2) consecutive monthly payments, or one quarterly,
				semi-annual, or annual payment.
9.2. The Commissioner shall send borrowers of
				delinquent loans delinquency notices and give such borrowers thirty (30)
				calendar days to resolve the delinquency by paying the past-due balances.
9.2.a. If the borrower fails to respond to or
				address the delinquency, the Commissioner shall issue a notice of default and
				right to cure giving the borrower fifteen (15) days to bring the loan
				current.
9.2.b. The Commissioner
				may take further remedial action, including formal collection procedures, sale
				of assets, deed of trust sale or other allowable measure against any loan
				holder who is delinquent
,
after initial attempts to
				resolve the delinquency are unsuccessful.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-33 - Rural Rehabilitation Program › Section 61-33-10 - Refinancing

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. The loan
				holder may refinance a loan in good standing after 5 years have elapsed from
				the date of the loan:
Provided
, That the Commissioner may
				waive the five-year requirement upon a showing that a declared state of
				emergency impacted, or will likely impact, the loan holder's ability to remain
				in good standing on the loan.
10.2.
				The loan holder shall submit a new application to be eligible for
				refinancing
10.3. The Rural
				Rehabilitation Loan Committee will evaluate the new application using the same
				criteria for initial loans and will also consider the borrower's loan repayment
				history.
10.4. Any refinancing may
				not extend a loan term past 20 years from the date of the original loan
				agreement.
10.5. The limits on
				refinancing in this section shall not apply when restructuring distressed loans
				under section 15 of this rule.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-33 - Rural Rehabilitation Program › Section 61-33-11 - Advertisement

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. The
				Commissioner shall advertise the Rural Rehabilitation Loan Program to the
				public in both of the following manners:
11.1.a. On the West Virginia Department of
				Agriculture website; and
11.1.b. In
				the West Virginia Department of Agriculture's Market
				Bulletin.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-33 - Rural Rehabilitation Program › Section 61-33-12 - Competitive Bidding

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. The
				Commissioner shall seek, by use of competitive bids, the servicing of any loans
				provided through its program.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-33 - Rural Rehabilitation Program › Section 61-33-13 - Annual report

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. The
				Commissioner shall file an annual report to the Joint Committee on Government
				and Finance regarding the loan program, including information about the loans
				awarded, loans repaid, loans outstanding, interest rates, delinquency and
				collections, and other pertinent data.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-33 - Rural Rehabilitation Program › Section 61-33-14 - Determination of distressed loans

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. The Rural Rehabilitation Loan Committee
				shall receive reports, prepared by the Department, on active loans and
				determine from their repayment history and any other available information if
				any active loans are in distress.
14.2. On a determination by the Rural
				Rehabilitation Loan Committee that a loan is a distressed loan, the
				Commissioner shall provide written notice to the borrower that the loan may be
				suitable for restructuring, and include with such notice all materials
				necessary to enable the borrower to submit an application for
				restructuring.
14.3. On
				determination that a loan is or has become a distressed loan, the Commissioner
				shall provide a reasonable opportunity for the borrower to personally appear
				before the Rural Rehabilitation Loan Committee to review the status of the
				loan, the financial condition of the borrower, and the suitability of the loan
				for restructuring.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-33 - Rural Rehabilitation Program › Section 61-33-15 - Consideration of applications for restructuring

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. When the Rural Rehabilitation Loan
				Committee receives an application for restructuring from a borrower, the Rural
				Rehabilitation Loan Committee shall determine whether or not to recommend the
				Commissioner approve restructuring the loan, taking into consideration:
15.1.a. Whether the proposed restructuring
				plan is in the best financial interests of the Rural Rehabilitation Loan
				Program;
15.1.b. Whether the
				borrower is applying all income over and above necessary and reasonable living
				and operating expenses to the payment of primary obligations;
15.1.c. Whether the borrower has the
				financial capacity and the management skills to protect the collateral from
				diversion, dissipation, or deterioration;
15.1.d. Whether the borrower is capable of
				working out existing financial difficulties, reestablishing a viable operation,
				and repaying the loan on a rescheduled basis; and
15.1.e. In the case of a distressed loan that
				is not delinquent, whether restructuring consistent with sound lending
				practices may be taken to reasonably ensure that the loan will not become
				delinquent.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-34 - Captive Cervid Farming › Section 61-34-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --This
				legislative rule provides for the regulation, protection, and promotion of
				bio-security, licensing, animal identification, fencing, record keeping, health
				testing requirements, herd movement, and fees.
1.2. Authority.-- West Virginia Code §
				19-2H-1, § 19-2H-2
1.3. Filing
				Date. --April 30, 2020
1.4.
				Effective Date. --April 30, 2020
1.5. Sunset Date. --This rule shall terminate
				and have no further force or effect April 30, 2030.
1.6. Incorporation by Reference - The Code of
				Federal Regulations (9 CFR, Part 81) Chronic Wasting Disease in Deer, Elk, and
				Moose and the CWD Program Standards effective June 13, 2012, defined by the
				United States Department of Agriculture/Veterinary Services are incorporated by
				reference.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-34 - Captive Cervid Farming › Section 61-34-3 - Application for license

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. A person
				requesting a license to operate a Captive Cervid Farming Facility shall submit
				an application to the Department.
3.2. The application shall include:
3.2.a. The name of the person responsible for
				the facility;
3.2.b. The mailing
				address of the proposed facility;
3.2.c. The location of the proposed
				facility;
3.2.d.The size of the
				facility;
3.2.e.A legal description
				of the facility;
3.2.f.The number
				of species of cervid to be included in the facility, including current
				inventory;
3.2.g.The bio-security
				measures to be used;
3.2.h.The
				proposed method of flushing wild cervids from the enclosure, if
				applicable;
3.2.i.The proposed
				record keeping system;
3.2.j.The
				method of verification that all wild cervids have been removed;
3.2.k.The current zoning of the property
				proposed for the facility; and
3.2.l. Any other information requested by the
				Department.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-34 - Captive Cervid Farming › Section 61-34-4 - Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The Department
				shall issue one of two licenses for captive cervid facilities.
4.1.a. The fee for a Class I license is
				$375.00.
4.1.b. The fee for a Class
				II license is $750.00.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-34 - Captive Cervid Farming › Section 61-34-5 - License renewal; modification, sale or transfer of license

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. An updated inventory record containing
				birth and death records, and testing results shall be provided biannually: at
				license renewal on June 30 and by December 31.
5.2. Any owner having proposed changes in
				class of license, cervid species, number of captive cervids(including births
				that exceed that permitted by the license) or other requirements necessitating
				modification to the license, shall apply to the Department for a license
				modification. Births at the facility do not violate an issued license, if the
				owner provides the Department with an updated inventory within fifteen (15)
				days.
5.3. Any person who has
				acquired ownership of a facility shall apply to the Department for a new
				license so long as the transferee satisfies all license requirements and
				fees.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-34 - Captive Cervid Farming › Section 61-34-6 - Inspections

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The Department
				shall have access to a facility, facility records and the cervids at all
				reasonable hours to conduct inspections for the following purposes:
6.1.a. To ensure that the facility meets the
				requirements of this rule prior to the granting of the desired
				license;
6.1.b. To secure samples
				and specimens; and
6.1.c. To assure
				that the provisions for containment and care of captive cervids are adequate,
				that the safety of the public is protected and to assure compliance with the
				terms and conditions of this rule and other applicable laws, rules and
				regulations.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-34 - Captive Cervid Farming › Section 61-34-7 - Facility

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The facility
				shall be inspected by the Department before license is approved and shall meet
				the following requirements:
7.1.a. The
				applicant has all necessary federal, state and local governmental
				permits.
7.1.b. The applicant has
				paid all applicable license fees and all departmental charges for services
				provided to the facility.
7.1.c. A
				unique and permanent identifying license number corresponding to the number
				assigned to the premises by the WVDA Premises Registration Program has been
				assigned to the licensed captive cervid facility. The applicant shall submit
				this number with the application for a captive cervid facility license.
				Licensees or applicants who are without a premise identification number may
				contact the Department for further assistance and instruction.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-34 - Captive Cervid Farming › Section 61-34-8 - Fencing

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The facility
				shall provide fencing and meet specifications to prevent the escape of captive
				cervids and the infiltration of wild cervids into a captive cervid farming
				facility as follows:
8.1.a. The facility
				shall be constructed of such material, strength and design:
8.1.a.1. To contain the captive animals
				within the enclosure;
8.1.a.2. To
				safeguard both the captive animals and the public against injury;
8.1.a.3. To prevent the transmission of
				disease by indirect contact from the captive animals to wild cervids and the
				public;
8.1.a.4. To prevent the
				escape of captive animals;
8.1.a.5.
				To prevent wild cervids from entering the enclosure; and
8.1.a.6. Require a five-foot cleared buffer
				around outer perimeter in order to inspect integrity of fence.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-34 - Captive Cervid Farming › Section 61-34-9 - Identification

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Prior to
				reaching twelve (12) months of age, a licensee shall mark all captive cervids
				with an official ID as defined by the USDA APHIS Animal Disease Traceability
				rule (840 RFID or metal tag with USDA shield) or a metal ear tag with a unique
				identification number affixed to the ear. In addition, all captive cervids must
				be marked with a unique marker visible and identifiable.
9.2. The Commissioner may exempt cervids
				currently in existing commercial shooting preserves from the tagging
				requirement in § 61-34-9.9.1 of this rule provided that the licensee shall
				provide an annual minimum of 30 cervids or 10 percent of the dispatched
				cervids, whichever is less in the enclosure for CWD sampling. The licensee
				shall tag and inventory all cervids that are handled or added to the
				enclosure.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-34 - Captive Cervid Farming › Section 61-34-10 - Record keeping

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. An owner
				shall maintain an accurate and current inventory of all animals in the captive
				cervid herd on forms provided by the Department.
10.1.a. The inventory shall includethe
				following information:
10.1.a.1. All cervid
				and other animal acquisitions;
10.1.a.2. Sales;
10.1.a.3. Possession transfers;
10.1.a.4. Escapes;
10.1.a.5. Births; and
10.1.a.6. Mortalities.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-34 - Captive Cervid Farming › Section 61-34-12 - Escape of cervids

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. A
				licensee shall make every effort to prevent escapes of animals from the captive
				cervid facility. A licensee shall report all known escapes within eight (8)
				hours or upon discovery of the escape, whichever is sooner, to the state
				veterinarian or West Virginia Department of Agriculture Animal Health Division
				personnel.
12.2. Any captive
				cervid that escapes from a captive cervid facility shall be dispatched by the
				Department or DNR personnel, unless after review by the Commissioner of
				Agriculture and the West Virginia State Veterinarian it is determined that the
				escaped captive cervid, after being secured and returned to the premise from
				which it escaped, does not present a health risk to the public, other captive
				cervids or wildlife:
Provided,
That all escaped cervids that
				are sourced from a known, confirmed TB and CWD containment area will be
				dispatched.
12.3. Appropriate
				samples shall be collected and submitted for CWD and other transmissible
				diseases.
12.4. All costs for
				depopulating an animal that escapes, including sample collection and testing,
				are the responsibility of the licensee.
12.5. A licensee shall not intentionally
				release captive cervids into the wild.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-34 - Captive Cervid Farming › Section 61-34-13 - Additional specifications for commercial shooting preserves

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. The following
				terms and conditions apply for commercial shooting preserve sizes and
				boundaries:
13.1.a. The commercial shooting
				preserve shall contain a minimum of one hundred fifty (150) acres in one tract
				of leased or owned land. The shooting preserve shall be no larger than three
				thousand (3,000) contiguous acres;
13.1.b. The exterior boundaries of the
				shooting preserve shall be clearly defined and posted with signs erected around
				the extremity at intervals of one hundred fifty (150) yards or less. The signs
				shall have the words "LICENSED SHOOTING PRESERVE" on them and shall be signed
				by the licensee;
13.1.c. The
				shooting preserve shall be enclosed by fencing as referenced in §
										61-34-8. 8.1.b and §
										61-34-8. 8.1.c of this rule to
				prevent the ingress of native cervids or egress of stocked cervids species. The
				fencing shall be of sufficient strength and height to prevent the escape of the
				stocked cervids; and
13.1.d. The
				licensee shall display the license in plain view at the entrance to the
				shooting preserve.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-34 - Captive Cervid Farming › Section 61-34-14 - Slaughter

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. Any animal
				regulated as a captive cervid under W. Va. Code § 19-2H-1 shall be
				slaughtered and processed at a state or federal licensed commercial facility if
				venison from that animal is to be sold at a commercial outlet or to an
				individual. Animals slaughtered for personal use are exempt from this
				section.
14.2. Any animal regulated
				as a captive cervid under W. Va. Code § 19-2H-1 taken as a hunted animal,
				for a fee, may be processed with the assistance of a facility owner or facility
				employee at the facility site or a licensed custom or commercial
				establishment.
14.3. A licensee
				shall keep records on venison sales for a minimum of two (2) years.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-34 - Captive Cervid Farming › Section 61-34-15 - Standards for closure

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. A
				facility may close, or sell out, so long as both facilities are in compliance
				with CWD, TB and Brucellosis program standards as referenced in §
									61-34-11 of this rule.
15.2. A facility may process stocked cervids
				for its own use.
15.3. A facility
				may process stocked cervids for slaughter as referenced in §
									61-34-14 of this rule.
15.4. The Department shall inspect the
				facility upon closure for the following purposes:
15.4.a. To ensure that the facility meets the
				requirements for closure according to this rule; and
15.4.b. To collect all official
				identification tags.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-34 - Captive Cervid Farming › Section 61-34-16 - Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. If a licensee
				fails to obtain approval for the transfer of a cervid prior to its transfer may
				result in a $1,000 administrative penalty per animal levied against both the
				facility releasing the cervid for transport and the facility receiving the
				cervid along with the possible suspension of the license of the facility
				releasing the cervid for transport and the facility receiving the
				cervid.
16.2. Failure to report an
				escaped cervid may result in the immediate forfeiture of the captive cervid
				license. Any negligent act that results in captive cervids escaping is a
				violation of the license.
16.3.
				Failure to comply with the requirements set forth in this rule or the
				corresponding code may result in administrative penalties, up to and including
				the revocation of a person's captive cervid facility license.
16.3.a. A licensee whose license has been
				revoked shall count as a lapsed license requiring a new application to be
				completed and approved.
16.3.b.
				Failure to submit annual license renewal including required payment is
				sufficient grounds for license revocation.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-35 - Aquaculture Importation › Section 61-35-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. " This
				legislative rule establishes standards for the importation of aquaculture
				species into the state of West Virginia.
1.2. Authority. " W. Va. Code
				19-32-4.
1.3. Filing Date. -April 14, 2015
1.4. Effective Date. -June 1,2015
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-35 - Aquaculture Importation › Section 61-35-2 - Purpose

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The purpose of
				this rule is to establish regulatory guidelines for the importation of
				aquaculture species into the state of West Virginia. Aquaculture provides the
				opportunity to advance West Virginia's agriculture industry and promotes public
				health through the availability of healthy food options. Propagation of the
				state's aquaculture industry requires the ability to import both specific
				pathogen-free organisms and organisms that will not cause unwanted disruption
				of aquatic wildlife, such as invasive species.
2.2. The West Virginia Department of
				Agriculture is the lead agency for aquaculture health and importation within
				the state of West Virginia. Therefore, it is the responsibility of the West
				Virginia Department of Agriculture to oversee this rule and to ensure that the
				guidelines in it are observed.
2.3.
				A person releasing aquaculture species into public waters shall abide by the
				health requirements listed in § 20-2-13 and § 20-2-64 of the West
				Virginia Code.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-35 - Aquaculture Importation › Section 61-35-4 - Freely Traded Aquatic Species for Aquaculture Importation

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Unless otherwise specified, a person may
				import naturally indigenous or naturalized species of aquatic organisms into
				the state, except for restricted, protected and genetically engineered species.
				The freely traded species must be specifically named and do not require a
				permit for importation if all issues and requirements regarding animal health
				and disease status are addressed. The Commissioner of Agriculture, his or her
				designee, and the state Veterinarian shall keep a list of acceptable species.
				The Aquaculture Advisory Board may make recommendations to the Commissioner and
				the State Veterinarian.
4.2. Other
				aquatic species not included in the freely traded list described in Subsection
				4.1 of this section require an importation permit issued by the West Virginia
				Department of Agriculture. A person granted an importation permit shall ensure
				the aquatic life meets all animal health requirements before importation into
				the state. Upon receipt of a permit application, the Department shall forward
				the application to the West Virginia Division of Natural Resources. A joint
				review of the importation permit would be conducted, and if approved by both
				agencies an importation permit would be granted to the applicant. Regardless of
				the history of previous imports by that producer he or she must apply for an
				importation permit for each transportation event.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-35 - Aquaculture Importation › Section 61-35-5 - Health Requirements for Aquaculture Importation

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. There are numerous infectious diseases
				that threaten not only the health of aquaculture species, but may also threaten
				the viability of the entire aquaculture industry. As such, a framework for
				aquatic animal health has been established by the Aquaculture Advisory Board to
				ensure that aquaculture species being imported into the state of West Virginia
				can be identified as specific pathogen-free. This framework is built upon four
				distinct categories, each with its own corresponding list of viral, bacterial,
				and parasitic diseases that are subject to the requirements of that category.
				The list for each disease category shall be maintained by the Commissioner of
				Agriculture, or his or her designee, and the State Veterinarian. They, may add
				or remove diseases from each list. Not all aquatic species are susceptible to
				the diseases listed in the four categories. Before importation of any
				susceptible species or products of those species (such as viable eggs or sperm)
				may occur, proper diagnostic testing at an accredited laboratory must be
				performed to determine specific pathogen-free status of the facility from which
				the animals will be moved. The four categories are as follows:
5.1.a. Category I diseases are not present in
				West Virginia. To ensure that diseases in this category are not imported into
				the state the following directives shall apply:
5.1.a.i. A veterinarian or certified trained
				personnel shall conduct mandatory farm certification or screening of individual
				lots.
5.1.a.ii. The Commissioner
				shall refuse to issue an importation permit for any screened animals in which a
				Category I disease is detected.
5.1.a.iii. A veterinarian or certified
				trained personnel may require special methods for detection of listed
				diseases.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-35 - Aquaculture Importation › Section 61-35-6 - Aquatic Animal Testing Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1 The proper diagnostic testing required
				for importation of aquatic species into West Virginia shall be performed in the
				following manner:
6.1.a. A Veterinarian or
				trained and certified personnel shall certify that lots of aquatic species at
				an aquaculture facility were tested.
6.1.a.i.
				The collection of samples from each lot of aquatic species based upon an
				assumed prevalence level of five percent (5%) and a 95 percent (95%) confidence
				level of detecting at least one infected fish in the lot for the diseases
				listed under Categories I-IV §
											61-35-5
				5.1.a-d. All lots on the facility must be sampled within a 30 day window of
				time; i.e., every lot on the facility must be tested within 30 days of the date
				that the first lot was sampled.
6.1.a.ii. If all lots at a facility are not
				sampled within 30 days of the date that the first sample was collected, then
				all sampling at the facility shall be repeated.