WVC 19 - 12 D- 12
§19-12D-12. Importation or sale of multiflora rose unlawful.
Notwithstanding any other provisions of this code to the
contrary, it is unlawful for any person, firm or corporation to
import or otherwise bring or move into this state or sell or
offer or expose for sale or have in possession with intent to
sell or offer or expose for sale in this state the noxious weed
known as multiflora rose, rosa multiflora. Any person, firm or
corporation violating the provisions of this section is guilty of
a misdemeanor, and, upon conviction thereof, shall be fined not
less than one thousand dollars, or confined in jail not more than
one year or both fined and imprisoned. In addition, the
commissioner may obtain injunctive relief, along with a civil
penalty of one thousand dollars, for any violation of this
section in the circuit court of any county wherein such violation
occurs. The commissioner shall not under any circumstances grant
any permit for the sale in this state of or importation or other
movement into this state of multiflora rose, rosa multiflora.
The provisions of this section are in addition to the powers,
duties and authority given to the commissioner elsewhere in this
article and do not limit or abrogate in any way the powers and
authority given the commissioner elsewhere in this article,
except that the criminal penalties of this section apply to
violations of this section and the penalty provisions of section
eleven of this article do not apply thereto.
Note: WV Code updated with legislation passed through the 2016 Regular Session
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