WVC 19 -
CHAPTER 19. AGRICULTURE.
WVC 19 - 9 A-
ARTICLE 9A. FEEDING OF UNTREATED GARBAGE TO SWINE.
WVC 19 - 9 A- 1
The following words shall have the meanings ascribed to them
in this section, unless the context otherwise requires or a
different meaning is specifically prescribed.
(a) "Garbage" means putrescible animal and vegetable wastes
resulting from the handling, preparation, cooking and consumption
of foods including animal carcasses or parts thereof;
(b) "Persons" means the state, any municipality, political
subdivision, institution, public or private corporation,
individual, partnership, or other entity;
(c) "Commissioner" means the state commissioner of
agriculture or his authorized agents.
WVC 19 - 9 A- 2
§19-9A-2. Permit required for feeding garbage to swine; renewal;
(a) No person shall feed garbage to swine without first
securing a permit to do so from the commissioner. Such permits
shall be renewed annually. The fee for obtaining such permit
shall be five dollars.
(b) This article shall not apply to any person who feeds
only his own household garbage to swine which are raised for such
person's own use.
WVC 19 - 9 A- 3
§19-9A-3. Application for permit.
Any person desiring to obtain a permit to feed garbage to
swine or to renew the same shall make written application
therefor to the commissioner on forms provided by the
WVC 19 - 9 A- 4
§19-9A-4. Refusal or revocation of permit.
Upon determination by the commissioner that any person
holding such permit, or who has applied for a permit hereunder,
has violated or failed to comply with any of the provisions of
this article, or any of the rules or regulations promulgated
thereunder, the commissioner may revoke such permit or refuse to
issue a permit to such applicant.
WVC 19 - 9 A- 5
§19-9A-5. Cooking or other treatment of garbage required.
All garbage, regardless of previous processing, shall,
before being fed to swine, be thoroughly heated to at least 212
degrees F for at least thirty minutes, unless treated in some
other manner which shall be approved in writing by the
commissioner as being equally effective for the protection of
public health and control of livestock diseases.
WVC 19 - 9 A- 6
§19-9A-6. Inspection and investigation; maintenance of records.
(a) Any authorized representative of the commissioner shall
have the power to enter at reasonable times upon any private or
public property for the purpose of inspecting and investigating
conditions relating to the treating of garbage to be fed to
(b) The commissioner may require maintenance of records
relating to the operating of equipment for and procedure of
treating garbage to be fed to swine and any authorized
representative of the commissioner may examine any such records
or memoranda pertaining to the feeding of garbage to swine.
Copies of such records shall be submitted to the commissioner
WVC 19 - 9 A- 7
§19-9A-7. Administration and enforcement of article; rules and
The commissioner is hereby charged with administration and
enforcement of the provisions of this article, and is authorized
to make and enforce all rules and regulations which the
commissioner may deem necessary to carry out the purposes of the
WVC 19 - 9 A- 8
§19-9A-8. Penalties; enjoining violation.
Any person who shall violate any of the provisions of, or who
fails to perform any duty imposed by, this article, or who violates
any rule or regulation promulgated thereunder shall be guilty of a
misdemeanor, and, upon conviction thereof, may be punished by a
fine of not less than twenty- five dollars nor more than three
hundred dollars, or by imprisonment for a term of not more than one
year, or by both such fine and imprisonment. In addition thereto,
such person may be enjoined from continuing such violation. Each
day upon which such violation occurs shall constitute a separate
violation of this article.
Note: WV Code updated with legislation passed through the 2012 1st Special Session