West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-11 - Reg Governing Public Markets › Section 61-11-2 - Definitions Of Words And Terms

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				The following words and terms have the following meanings:
2.1.1. "Commissioner," as defined in the law,
				is the Commissioner of Agriculture of the State of West Virginia or his
				authorized agent.
2.1.2.
				"Department" means the West Virginia Department of Agriculture.
2.1.3. "Feeding and Breeding Purposes" means
				any livestock received, sold, offered or exposed for sale for purposes other
				than immediate slaughter.
2.1.4.
				"Grade" means the standards used to grade and classify livestock in West
				Virginia shall be the same as those established by the United States Department
				of Agriculture or that might be established by the Commissioner.
2.1.5. "Immediate Slaughter" means livestock
				purchased by persons, firms or corporations engaged in shipping direct from the
				market to terminal markets or slaughtering places. Livestock purchased for
				immediate slaughter shall not be returned to farms.
2.1.6. "Person," as defined in the law,
				includes any individual, partnership, corporation or association.
2.1.7. "Product" means any livestock, poultry
				and other agricultural or horticultural products.
2.1.8. "Livestock Technician" means a
				livestock inspector or other person in the employ of the department and
				approved by the Commissioner to carry out the provisions of this
				rule.
2.1.9. "Public Market" as
				defined in the law is:
(1) Any place of
				business where livestock, poultry or other agricultural or horticultural
				products are received and sold at public auction or,
(2) any place where livestock is received
				from producers, assembled and sold or offered for sale, by any method
				including, but not limited to, public auction. The term public market shall
				include all such places where such activities are conducted, whether or not
				such activities are performed according to a scheduled routine or a
				historically established pattern of days and times: Provided, That sales
				totally sponsored, organized and financed by the State of West Virginia or by
				any state, regional or county agricultural fair or festival, or by any 4-H, FFA
				or other educational activity, shall not be included in this definition. Annual
				sales held by nonprofit associations or nonprofit corporations devoted to
				improving the quality of beef cattle raised in this state where the net
				proceeds from such sales are used exclusively for the association or
				corporation conducting such sale, or purebred livestock sales conducted by
				generally recognized breed associations, shall not be subject to the provisions
				of sections eight and sixteen-a of this article: Provided, however, That only
				members in good standing in such nonprofit associations or nonprofit
				corporations or such breed associations shall offer cattle for sale at such
				annual sale and the bylaws of such association or corporation or such breed
				association shall provide either for a bond to be given as provided in this
				article or that each member offering stock at such sale shall bear any loss in
				proportion to the value of each member's stock to the total value of such stock
				being sold at such sale.
2.1.10. "Veterinarian" means the State
				Veterinarian, any accredited veterinarian employed by the Commissioner, and/or
				any individual designated as an agent of the veterinarian.
2.1.11. "Bond" means a bond conditioned as
				the commissioner may require and acceptable to him, payable to the State of
				West Virginia, for the benefit of the consignors at a public market of
				livestock, poultry, and other agricultural and horticultural products, who have
				been wronged or damaged by any fraud or fraudulent practices of the market and
				so adjudged by a court of competent furisdiction and who shall have the right
				of action for damage for compensation against such bond.
The form of the bond shall be approved by the commissioner
				  and may include, at the option of the applicant, surety bonding, collateral
				  bonding (including costs and securities), establishment of an escrow account or
				  a combination of these methods. If colateral bonding is used, the operator may
				  elect to deposit cash, or collateral securities or certificates as follows:
				  Bonds of the United States or its possessions, of the federal land bank, or of
				  the homeowners' loan corporation; full faith and credit general obligation
				  bonds of the State of West Virginia; or other states, and of any county,
				  district or municipality of the State of West Virginia or other states; or
				  certificates of deposit in a bank in this state, which certificates shall be in
				  favor of the department. The cash deposit or market value of such securities or
				  certificates shall be equal to or greater than the sum of the bond. It shall be
				  the duty of the applicant to insure the market value of such bonds are
				  sufficient. The commissioner shall, upon receipt of any such deposit of cash,
				  securities or certificates, promptly place the same with the treasurer of the
				  State of West Virginia whose duty it shall be to receive and hold the same in
				  the name of the state in trust for the purpose for which the deposit is made
				  when the permit is issued. The applicant making the deposit is made when the
				  permit is issued. The applicant making the deposit shall be entitled from time
				  to time to receive from the state treasurer, upon the written approval of the
				  commissioner, the whole or any portion of any cash, securities or certificates
				  so deposited, upon depositing with him in lieu therefore, cash or other
				  securities or certificates of the classes herein specified having value equal
				  to or greater than the sum of the bond.