WVC 19 -
CHAPTER 19. AGRICULTURE.
WVC 19 - 2 A-
ARTICLE 2A. PUBLIC MARKETS.
WVC 19 - 2 A- 1
§19-2A-1. Public market defined.
A public market is (1) any place of business where
livestock, poultry, and 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:
That only members in good standing in such
nonprofit association or nonprofit corporation or such breed
association 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 surety 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 all such stock being sold at
WVC 19 - 2 A- 2
§19-2A-2. Public markets subject to state regulation.
All public markets, as defined in section one, are hereby
declared to be affected with a public interest and subject to
regulation by the state for the general welfare as in this
WVC 19 - 2 A- 3
§19-2A-3. Operation of public markets.
No public market shall hereafter be operated in this state
by any person, partnership, firm, association, or corporation
except in accordance with the provisions of this article.
WVC 19 - 2 A- 4
§19-2A-4. Permits to operate; application and hearing.
It shall be unlawful for any public market to be operated in
this state without first having obtained from the commissioner of
agriculture of West Virginia a permit therefor. Upon the filing
of an application for such permit, the commissioner shall fix a
time and place for hearing thereon and, after hearing, if it
appear that the public interest require the same and that there
is sufficient need for such market in the locality in which it is
proposed to be established, shall grant such permit, or deny the
same if the contrary appear.
WVC 19 - 2 A- 5
§19-2A-5. Permits for existing markets.
All public markets in bona fide operation during the year
one thousand nine hundred thirty-eight, shall, on application and
proof of such operation, be granted such permit by the
WVC 19 - 2 A- 6
§19-2A-6. Fee for permits.
All permittees shall pay to the commissioner a fee of ten
dollars on or before the first day of July of each year.
WVC 19 - 2 A- 7
§19-2A-7. Revocation or suspension of permits.
The commissioner may at any time, for violations of this
article, upon not less than fifteen days' notice to the grantee
of such permit and an opportunity to be heard, revoke or suspend
any permit theretofore granted.
WVC 19 - 2 A- 8
§19-2A-8. Applicant for permit to furnish surety bond for benefit
of consignors; form of surety bond.
Before the granting of any such permit, the applicant shall
execute and deliver to the commissioner a surety 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
said 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 jurisdiction and who shall have the right of
action for damage for compensation against such bond. A holder of
a permit, who shall have been in operation not less than twelve
months, shall maintain and deliver such bond to said commissioner
as aforesaid in an amount not to exceed one hundred twenty percent
of the average of its sales during the preceding calendar year. A
holder of a permit, who shall have been in operation less than
twelve months, shall maintain and deliver such bond to said
commissioner as aforesaid in an amount established by the
commissioner, but in no case shall the bond be less than the
average bond maintained by all other public markets in the state
that have been in operation more than twelve months.
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
collateral 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 ensure 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 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 thereof, cash or other securities or certificates of the
classes herein specified having value equal to or greater than the
sum of the bond.
WVC 19 - 2 A- 9
§19-2A-9. Appeal from order of commissioner.
Any party feeling aggrieved by the entry of a final order by
the commissioner, affecting him or it, may present a petition in
writing to the supreme court of appeals, or to a judge thereof in
vacation, within thirty days after the entry of such order,
praying for the suspension of such final order. The applicant
shall deliver a copy of such petition to the commissioner before
presenting the same to the court or the judge. The court or
judge shall fix a time for the hearing on the application, but
such hearing, unless by agreement of the parties, shall not be
held, sooner than five days after its presentation; and notice of
the time and place of such hearing shall be forthwith delivered
to the commissioner, so that the commissioner may be represented
at such hearing. If the court or the judge after such hearing be
of the opinion that a suspending order should issue, the court or
the judge may require bond, upon such conditions and in such
penalty, and impose such terms and conditions upon the
petitioner, as are just and reasonable. For such hearing the
commissioner shall file with the clerk of said court all papers,
documents, evidence, and records or certified copies thereof as
were before the commissioner at the hearing or investigation
resulting in the entry of the order from which the petitioner
appeals. The commissioner shall file with the court before the
day fixed for the final hearing a written statement of his
reasons for the entry of such order, and after arguments by
counsel the court shall decide the matter in controversy as may
seem to be just and right.
WVC 19 - 2 A- 10
§19-2A-10. Licensing of weighmen and auctioneers; application and
fee; sale of livestock by weight.
It shall be unlawful for any person to serve in the capacity
of weighman, or auctioneer at any public market without first
having secured a license. Applications for such licenses shall
be made on forms furnished by the commissioner and shall be
accompanied by a fee of two dollars and fifty cents for either
weighman or auctioneer and shall contain such information as may
All livestock sold by weight at any public market shall be
sold subject to weight at place of sale on day sold by
WVC 19 - 2 A- 11
§19-2A-11. Approval of grading, classifying or standardizing by
licensed person; application for license; fee.
It shall be unlawful for any public market to represent that
livestock, poultry, and other agricultural and horticultural
products are being sold at such market on grades,
classifications, or standards adaptable to such products unless
such grading, classifying, or standardizing has been made or
approved by a person licensed by the commissioner. Applications
for such a license shall be made on forms furnished by the
commissioner and shall be accompanied by a fee of two dollars and
fifty cents and shall contain such information as may be
WVC 19 - 2 A- 12
§19-2A-12. Duration of licenses; renewals; refusal, revocation
All licenses issued in accordance with the provisions of
this article shall be for a period of one year and shall expire
on June thirtieth next following date of issue. All
applications for the renewal of any such licenses shall be made
in the same manner as for the original license.
The commissioner may refuse to grant a license or may revoke
or suspend any license issued under the provisions of this
article, for the violation of any of the provisions of this
article or of any of the rules and regulations adopted pursuant
to the provisions of this article: Provided, That before such
suspension or revocation becomes effective the party shall be
notified by the commissioner of his intention to refuse, revoke,
or suspend and the party shall be given ten days in which to
request a hearing before the commissioner, which request shall be
made in writing by registered mail. The commissioner is hereby
authorized to summon witnesses for and to take testimony at such
WVC 19 - 2 A- 13
§19-2A-13. Unlawful for licensed weighman, grader or auctioneer
to buy or trade at market in which employed; false
It shall be unlawful for any weighman, grader, or
auctioneer, licensed in accordance with the provisions of this
article, to buy or trade in any livestock or other agricultural
and horticultural products, graded, weighed, or auctioned by him,
either for himself or partnership at any public market in which
he is employed, or to misweigh or falsely report any weights or
otherwise fraudulently manipulate the scales to produce a weight
other than the true and actual weight of any livestock, poultry,
or other agricultural and horticultural products consigned to and
sold at any public market.
WVC 19 - 2 A- 14
§19-2A-14. Testing and inspection of livestock for infectious
diseases; fees; records.
For the purpose of preventing the spread of infectious
disease among livestock and poultry when and where the same is
sold at a public market the commissioner shall have authority and
shall establish and define an area surrounding a public market
inside of which area, so defined, it shall be unlawful for any
person, firm, association, partnership or corporation to buy or
sell to, or exchange with, another, unless such person, firm,
association, partnership or corporation shall comply with all the
provisions of this article and the rules and regulations as
provided in this article.
At any public market where livestock is received, sold,
offered or exposed for sale for purposes other than slaughter,
the same shall be inspected for livestock diseases by a licensed
and accredited veterinarian or by a livestock inspector approved
by the commissioner and working under the direct supervision of
the veterinary director of the animal health division, which
veterinarian and livestock inspector shall be employed by the
commissioner of agriculture and shall have authority to carry out
the provisions of this section and enforce the provisions of
article nine, chapter nineteen of the code of West Virginia, one
thousand nine hundred thirty-one.
The management of such market shall collect a fee of fifty
cents per head for cattle when tested for Bang's disease, and ten
cents per head for hogs when treated for the prevention of
cholera. In addition thereto they shall collect from the purchaser the actual cost of vaccines or biological products used
in the testing of such animals. Such vaccines or biological
products shall be approved by the commissioner.
It shall be the duty of each veterinarian or livestock
inspector to keep a record of all animals tested by him on forms
furnished by the commissioner; such records shall be made in
duplicate, the original to be forwarded to the commissioner, and
the duplicate to be furnished to the public market at which such
testing was done.
On the first day of each month the public market shall
forward to the commissioner all moneys due for testing done
during the previous month.
WVC 19 - 2 A- 15
§19-2A-15. Annual meetings to establish uniform standards, grades
and market practices.
The commissioner shall annually, on or before the first day
of July, call together in public meeting the president and
manager, or other officials, of livestock auction markets within
the state for the purpose of establishing uniform standards and
grades of livestock and uniform market practices and procedures
for the operation of livestock auction markets in this state.
WVC 19 - 2 A- 16
§19-2A-16. Record of transactions; inspection by commissioner or
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 a public market. The commissioner or his agents
shall have at all reasonable hours, the right to enter the
premises of any public market to examine the books and records of
such market, and to make any other inspections necessary, for the
purpose of carrying out the provisions of this article.
WVC 19 - 2 A- 16 A
§19-2A-16a. Separate account required; prompt payment required;
Every public market, as defined in section one of this
article, shall maintain a separate bank account for the deposit of
sale proceeds due to shippers and producers of the products and
sales subject to the provisions of this article. All payments due
to shippers and producers for such products and sales shall be
drawn upon the separate account herein required and such payments
shall be made within seventy-two hours following the conclusion of
the daily activities at such market. Anyone violating the
provisions of this section shall be guilty of a misdemeanor and
subject to the penalties prescribed in section nineteen of this
WVC 19 - 2 A- 17
§19-2A-17. Authority of commissioner to enforce article;
conflicts with federal authority.
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
provisions of this article, and may employ such agents or other
assistants as he may deem necessary for the proper enforcement of
In the event any of the provisions or requirements of this
article should be a duplication or in conflict with the authority
exercised by the secretary of agriculture under the Packers and
Stockyard Act of the United States Congress, then the provisions
and requirements of this article shall not apply.
WVC 19 - 2 A- 18
§19-2A-18. Fees paid into special fund in state treasury.
All fees collected by the commissioner by virtue of this
article shall be paid into the state treasury and credited to a
special fund to be appropriated as provided by law for the
purpose of paying the salaries and expenses of the commissioner's
employees in administering this article.
WVC 19 - 2 A- 19
§19-2A-19. Penalties for violation of article or rules and
Any person, firm, association, or corporation violating any
of the provisions of this article, or of the rules and
regulations adopted pursuant to the provisions thereof, shall be
guilty of a misdemeanor, and upon conviction thereof shall be
punished by a fine of not less than fifty dollars nor more than
two hundred dollars for the first offense, and not less than four
hundred dollars nor more than one thousand dollars for the second