West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-14 - West Virginia Plant Pest Act › Section 61-14-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Act" means
				the West Virginia Plant Pest Act (W. Va. Code §
									19-12-1 et
				seq.).
2.2. "Administrative Hearing
				Officer" means a person contracted by the Commissioner to preside over a formal
				hearing.
2.3. "Commercial Shipment"
				means articles intended to be transported to another state or country by an
				individual or combination of individuals, partnership, corporation, company,
				society, association or other business entity for the purpose of making a
				profit or procuring customers.
2.4.
				"Commissioner" means the Commissioner of the West Virginia Department of
				Agriculture or his or her authorized representative.
2.5. "Compliance Officer" means a person
				appointed by the Commissioner to preside over an informal hearing arising as a
				result of this Rule.
2.6. "Consent
				Agreement" means a document executed between the Commissioner and another party
				affirming the level of a proposed penalty for an alleged violation or
				violations.
2.7. "Enforcement
				Officer" means a person appointed by the Commissioner to carry out the review
				of alleged violations, assessment of the penalty and the procedure contained in
				this Rule.
2.8. "Infected" or
				"Infested" means contaminated with a pest, or so exposed, that it would be
				reasonable to believe that infection or an infestation exists.
2.9. "Insect, Noxious Weed and Plant Pest
				Dissemination Violation" means any violation of W. Va. Code §
									19-12-14,
				which requires that a permit be issued for the introduction or distribution of
				live insects, noxious weeds or plant pests in this state.
2.10. "Inspection Violation" means any
				violation of W. Va. Code §
									19-12-11,
				19-12-8
				or
				19-12-10
				or Section 8 of this Rule related to the discharge of an inspector's
				duties.
2.11. "Noncommercial
				Shipment" means articles intended to be transported to another state or country
				but not for the purpose of making a profit or associated with a business
				transaction.
2.12. "Phytosanitary
				Certificate" means an official document issued by a state or federal
				agricultural agency which certifies that specific articles meet the import
				standards of a specific state or country.
2.13. "Plant Certification Violation" means
				any violation of Sections 9 or 10 of this Rule that relate to the certification
				of plant material.
2.14.
				"Quarantine Violation" means any violation of the White Pine Blister Rust
				Quarantine, Black Stem Rust Quarantine, West Virginia Gypsy Moth Quarantine, or
				any other plant protection quarantine or administrative order established under
				authority of W. Va. Code §
									19-12-6.
2.15. "Registration Violation" means any
				violation of W. Va. Code §
									19-12-9
				or Sections 2, 3,4, 5, or 9 of this Rule related to the requirements for
				registering a nursery or dealership.
2.16. "Violator" means the person who is
				alleged to have violated W. Va. Code §
									19-12-1 et seq.,
				or any rule, order or permit condition imposed pursuant to W. Va. Code §
									19-12-1 et
				seq.