West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-11E - Tobacco Markets › Section 61-11E-2 - Declaration of Policy

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1
				Articles 2 and 2a, Chapter 19, specifically set out certain duties, authorities
				and responsibilities of the Commissioner of Agriculture, it is my opinion that
				the Legislature intended that the activites engaged in by a public market were
				in the interest of the buyer and sellers of livestock and other agricultural
				and horticultural products and that the granting of a permit to a person, firm,
				corporation, partnership or association for the operation of a public market
				was and is for the purpose of performing a public service to the buyers and
				sellers of such agricultural commodities and to establish permanently a market
				place for that purpose. It is my interpretation that the act intended that
				reasonable, adequate and uniform service charges be made and collected by a
				public market to amply remunerate it for engaging in such activities and for
				providing adequate facilities to, accommodate the patrons and the public. It is
				further my opinion that the acts did not intend to, or permit persons, firms,
				corporations, partnerships or "associations or their management engage in the
				practice of buying, selling or otherwise trading in the market for profits, in
				addition to revenues to be derived from fixed service" charges.
2.2 Section 2, Article 2a, Chapter 19, of the
				Code of West Virginia, provides that all public markets as defined in Section
				1, are hereby declared to be affected with a public Interest and subject to
				regulation by the State as in said Article provided.
2.3 Section 6 provides that all permittees
				shall pay to the Commissioner a fee of twenty dollars on or before the first
				day of July of each year.
2.4
				Section 8, of said Article, provides that before the granting of any such
				permit, the applicant shall execute and deliver to the Commissioner a surety
				bond.
2.5 Section 10, of said
				Article, provides that it shall be unlawful for any person to serve in the
				capacity of weighman, grader, or auctioneer unless licensed by the
				Commissioner, and further provides in Section 5, Article 2, that the
				Commissioner shall establish and publish a schedule of charges and collect same
				for grading services. Section 12, of Article 2a, provides that he shall grant
				licenses to weighmen, graders and auctioneers, suspend or revoke such licenses.
				Section 13, of said Article, provides that no weighman, grader or auctioneer
				licensed in accordance with the provisions of the law shall be permitted to
				engage in buying, trading in livestock or other agricultural products at any
				public market at which he is employed.
2.6 Section 16, of said Article, provides
				that it shall be the duty of, and the officers of a public market are hereby
				required to keep complete and accurate records of all transactions at public
				markets.
2.7 Section 17, of said
				Article, provides that the Commissioner shall be charged with the enforcement
				of this Article. He shall have full authority and power to make and enforce
				rules and regulations necessary to carry out the pro-visions of this Article
				for the proper enforcement of the same.