West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-14 - West Virginia Plant Pest Act › Table 61-14-A - SCHEDULE OF PENALTIES

Current through Register Vol. XLI, No. 28, July 12, 2024
Registration Violations
Violation
- Exposing or offering for sale,
				  selling, delivering, or giving away plants or parts of plants commonly known as
				  nursery stock without having first secured from the Commissioner a certificate
				  of registration. Nursery - (W. Va. Code §
									19-12-9
				  and Section 3 of this Rule). Nursery Dealer - (W. Va. Code §
									19-12-9).
Level of Violation
Level of Penalty
First Offense, No Prior Knowledge
Written Notice
First Offense, Prior Knowledge
$50-$100
Second Offense
$100-$250
Third offense and each repeat offense thereafter.
$500
Violation
- Failure to post the certificate of
				  registration in a conspicuous location at the place of business. Nursery -
				  (Section 4 of this Rule). Nursery Dealer - (Section 6 of this Rule).
Level of Violation
Level of Penalty
First Offense
Written Notice
Second Offense
$25 - $50
Third Offense and each repeat offense thereafter.
$50-$100
Violation
- Failure of a Nursery Dealer to
				  inform the West Virginia Department of Agriculture about the source of their
				  nursery stock. (Section 6 of this Rule).
Level of Violation
Level of Penalty
First Offense. Adverse effects not probable.
Written Notice
First Offense. Adverse effects probable or demonstrated.
$100-$250
Second offense and each repeat offense thereafter.
						  Adverse effects not probable.
$100 - $250
Second Offense and each repeat offense thereafter.
						  Adverse effects probable or demonstrated.
$500-$1000
Inspection Violations Violation
- Interfering
				  with an inspector's ability to perform his or her duties. (W. Va. Code §
									19-12-8)
Level of Violation
Level of Penalty
First Offense
Written Notice
Second Offense
$100 - $250
Third Offense and each repeat offense thereafter.
$500-$1000
Violation
- Failure to comply with a plant pest
				  control order. (W. Va. Code §
									19-12-10).
Level of Violation
Level of Penalty
First Offense. Adverse effects not probable.
Written Notice
First Offense. Adverse effects probable or demonstrated.
$100 - $250
Second Offense and each repeat offense thereafter.
						  Adverse effects not probable.
$250 - $500
Second Offense and each repeat offense thereafter.
						  Adverse effects probable or demonstrated.
$500 - $1000
Violation
- Maintaining conditions which prevent
				  a thorough plant pest examination. (Section 8 of this Rule).
Level of Violation
Level of Penalty
First Offense
Written Notice
Second Offense
$50-$100
Third Offense and each offense thereafter.
$100
Plant Certification Violations
Violation
- Transporting nursery stock without a
				  valid certificate of inspection. (W. Va. Code §
									19-12-11).
Level of Violation
Level of Penalty
First Offense. Adverse effects not probable.
Written Notice
First Offense. Adverse effects probable or demonstrated.
$100 - $250
Second Offense. Adverse effects not probable.
$50 - $100
Second Offense. Adverse effects probable or
						  demonstrated.
$250 - $500
Third Offense and each repeat offense thereafter.
						  Adverse effects not probable.
$100 - $250
Third Offense and each repeat offense thereafter.
						  Adverse effects probable or demonstrated.
$500 - $1000
Violation
- Distributing native nursery stock
				  without proper inspection and certification. (Section 9 of this Rule).
Level of Violation
Level of Penalty
First Offense. Adverse effects not probable.
Written Notice
First Offense. Adverse effects probable or demonstrated.
$250 - $500
Second Offense. Adverse effects not probable.
$100-$250
Second Offense. Adverse effects probable or
						  demonstrated.
$500 - $750
Third Offense and each repeat offense thereafter.
						  Adverse effects not probable.
$250 - $500
Third Offense and each repeat offense thereafter.
						  Adverse effects probable or demonstrated.
$750 - $1000
Quarantine Violations
Violation
- Failure to comply with the
				  provisions of an administrative order or quarantine. (W. Va. Code §
									19-12-6).
Level of Violation
Level of Penalty
First Offense. Adverse effects not probable.
Written Notice
First Offense. Adverse effects probable or demonstrated.
$100-$500
Second Offense. Adverse effects not probable.
$300 - $700
Second Offense. Adverse effects probable or
						  demonstrated.
$700 - $1000
Third Offense and each repeat offense thereafter.
						  Adverse effects not probable.
$500 - $700
Third Offense and each repeat offense thereafter.
						  Adverse effects probable or demonstrated.
$1000
Insect, Noxious Weed and Plant Pest Dissemination
				  Violations
Violation
- Selling, transporting or
				  distributing plant pests, noxious weeds or insects without a valid permit. (W.
				  Va. Code §
									19-12-14).
Level of Violation
Level of Penalty
First Offense. Adverse effects not probable.
Written Notice
First Offense. Adverse effects probable or demonstrated.
$100 - $500
Second Offense and each repeat offense thereafter.
						  Adverse effects not probable.
$250 - $500
Second Offense and each repeat offense thereafter.
						  Adverse effects probable or demonstrated.
$500 - $1000