SENATE
HOUSE
JOINT
BILL STATUS
WV CODE
REPORTS
EDUCATIONAL
CONTACT
home
home

West Virginia Code

Search

Chapter 19     Entire Code
‹ Chapter 18C  |  Chapter 20 › Printer Friendly Versions
Chapter 19  |  Article 19 - 2H

1 - DEPARTMENT OF AGRICULTURE

1A - DIVISION OF FORESTRY

1B - SEDIMENT CONTROL DURING COMMER

1C - CARE OF LIVESTOCK

2 - MARKETING AGRICULTURAL PRODUCTS

2A - PUBLIC MARKETS

2B - INSPECTION OF MEAT AND POULTRY

2C - AUCTIONEERS

2D - IMITATION HONEY PRODUCT LAW

2E - HUMANE SLAUGHTER OF LIVESTOCK

2F - BEEF INDUSTRY SELF-IMPROVEMENT

2G - TREE FRUIT INDUSTRY SELF-IMPRO

3 - SALE OF FARM PRODUCTS BY COMMIS

4 - COOPERATIVE ASSOCIATIONS

5 - GRADING AND PACKING OF FRUITS A

5A - CONTROLLED ATMOSPHERE STORAGE

6 - DEMONSTRATION PACKINGHOUSES AND

7 - STATE AID FOR FAIRS

8 - COOPERATIVE EXTENSION WORKERS

9 - DISEASES AMONG DOMESTIC ANIMALS

9A - FEEDING OF UNTREATED GARBAGE T

10 - MALE BREEDING ANIMALS

10A - THE WEST VIRGINIA EGG MARKET

10B - LIVESTOCK DEALER'S LICENSING

11 - BULK MILK TRADE LAW

11A - DAIRY PRODUCTS AND IMITATION

11B - FROZEN DESSERTS AND IMITATIO

11C - SOUTHERN DAIRY COMPACT

11D - TRADITIONAL CHEESE PRODUCTIO

12 - INSECT PESTS, PLANT DISEASES

12A - LAND DIVISION

12B - INTERSTATE COMPACT ON PEST C

12C - INTERAGENCY COMMITTEE ON PES

12D - WEST VIRGINIA NOXIOUS WEED A

12E - INDUSTRIAL HEMP DEVELOPMENT

13 - INSPECTION AND PROTECTION OF

14 - WEST VIRGINIA COMMERCIAL FEED

15 - WEST VIRGINIA FERTILIZER LAW

15A - WEST VIRGINIA AGRICULTURAL L

16 - WEST VIRGINIA SEED LAW

16A - WEST VIRGINIA PESTICIDE CONT

16B - WEST VIRGINIA PESTICIDE USE

17 - FENCES

18 - GENERAL STOCK LAW

19 - PRESERVATION OF AGRICULTURAL

20 - DOGS AND CATS

20A - VACCINATION OF DOGS AND CATS

20B - SPAYING OR NEUTERING OF DOGS

20C - WEST VIRGINIA SPAY NEUTER AS

20D - PRIVATE CAUSE OF ACTION FOR

21 - DRAINAGE DISTRICTS

21A - CONSERVATION DISTRICTS

21B - WATERSHED IMPROVEMENT DISTRI

22 - VINEGARS

23 - HORSE AND DOG RACING

24 - INTERSTATE COMPACT ON LICENSU

25 - LIMITING LIABILITY OF LANDOWN

26 - GENERAL JOHN MCCAUSLAND MEMOR

27 - WEST VIRGINIA STATE FARM MUSE

28 - VITAMIN AND MINERAL ENRICHMEN

29 - PRODUCTION OF NONTRADITIONAL

30 - DONATED FOOD

31 - GUS R DOUGLASS AGRICULTURAL C

32 - AQUACULTURE DEVELOPMENT

33 - EQUINE RESCUE FACILITIES ACT

34 - DANGEROUS WILD ANIMALS ACT

35 - FARMERS MARKETS

WVC 19 - CHAPTER 19. AGRICULTURE.
WVC 19 - 2 H- ARTICLE 2H. CAPTIVE CERVID FARMING ACT.

WVC 19 - 2 H- 1 §19-2H-1. Short title; legislative findings.

     (a) This article shall be called the Captive Cervid Farming Act.

     (b) The Legislature finds that captive cervid farming is primarily an agricultural business and that captive cervids should be regulated like other livestock.

     (c) The Legislature further finds that the Department of Agriculture possesses the knowledge, training and expertise to regulate captive cervid farming as an agricultural business and to adequately protect the health and safety of animals and the general public. Matters related to licensure, the sale of venison, animal health and testing, fencing, interstate and intrastate movement, animal identification system, recordkeeping, animal husbandry, equipment and other related matters shall be regulated by the department.

WVC 19 - 2 H- 2 §19-2H-2. Definitions.

     As used in this article:

     (a) "Biosecurity" means measures, actions or precautions taken to prevent the transmission of disease in, among or between free-ranging and captive cervids.

     (b) "Captive cervid" or the plural means a member of the Cervidae family of animals including, but not limited to, fallow deer, red deer, white-tailed deer, axis deer, elk, moose, reindeer and caribou which are domesticated animals under the control of the owner of the animal.

     (c) "Captive cervid farming facility", "facility" or the plural means the captive cervids, property, fenced area, operations and equipment regulated and licensed by the department pursuant to this article.

     (d) "Commissioner" means the Commissioner of the West Virginia Department of Agriculture.

     (e) "Department" means the West Virginia Department of Agriculture.

     (f) "Identification system" means a process or procedure that allows an individual cervid to be continuously recognized as a unique animal throughout its lifetime.

     (g) "License" means the authorization issued by the department for the operation of a captive cervid farming facility pursuant to this article.

     (h) "Owner" means the person who owns or operates a captive cervid farming facility.

     (i) "Person" means an individual, corporation, limited liability company, partnership, association, joint venture or other legal entity.

     (j) "Release" means to allow a cervid from a licensed captive cervid farming facility to be outside the perimeter fence of that licensed captive cervid farming facility without being under the direct control of the owner or his or her agent.

WVC 19 - 2 H- 3 §19-2H-3. Authority of the department; duties and obligations of the commissioner.

  (a) The department is hereby granted authority to regulate captive cervid farming facilities in this state in accordance with this article. Subject to the transition provisions contained in this article, no person may operate a captive cervid farming facility in this state unless that person holds a license issued by the commissioner pursuant to this article.

  (b) The commissioner or his or her designees may:

  (1) Establish a section and designate staff responsible for the enforcement of this article;

  (2) Contract with veterinarians, biologists or other professionals to implement this article;

  (3) Enter into contracts or compacts with state agencies or other states to enhance the biosecurity of captive cervid farming facilities in this and other states;

  (4) Lease, rent, purchase, construct, maintain, operate, sell, encumber or assign rights of real or personal property to meet the objectives of this article;

  (5) Hold hearings, subpoena witnesses, administer oaths, take testimony, require the production of evidence and designate hearing examiners and employees;

  (6) Take any other action necessary or incidental to the performance of his or her duties pursuant to this article;

  (7) Regulate the movement of captive cervids and require the documentation of the origin and destination of all shipments of captive cervids; and

  (8) Prohibit captive cervid facilities in this state from receiving live captive cervids or any byproduct thereof, or captive cervid genetic materials from a captive cervid facility that has had a confirmed chronic wasting disease or tuberculosis positive cervid in the last sixty months.

WVC 19 - 2 H- 4 §19-2H-4. Application for license.

     (a) A person desiring to operate a captive cervid farming facility in this state must submit an application for a license to the department. The department shall provide the forms and instructions for the filing of applications.

     (b) The application form shall require submission of the following information:

     (1) The mailing address of the proposed captive cervid farming facility and the size, location and an adequate legal description of the facility;

     (2) The number of each species of cervid to be included in the proposed facility;

     (3) The biosecurity measures to be utilized;

     (4) The proposed method of flushing wild cervids from the enclosure, if applicable;

     (5) The proposed record-keeping system;

     (6) The method of verification that all wild cervids have been removed;

     (7) The current zoning of the property proposed for the facility; and

     (8) Any other information requested by the department.

     (c) The application shall be accompanied by the annual license fee as follows:

     (1) Class one license. -- For a facility to breed and propagate captive cervids, and create cervid byproducts, for sale to others, $375; or

     (2) Class two license. -- For a facility to breed, propagate, harvest or slaughter captive cervids, create cervid byproducts, permit hunting of captive cervids or sell venison to others, $750.

WVC 19 - 2 H- 5 §19-2H-5. Action on applications.

     (a) The department shall act on a complete application for a license within sixty days of receipt. The department may issue a provisional license for a proposed facility that has not yet been constructed, but operations shall not begin under a provisional license until the fully constructed facility has been inspected and approved by the department.

     (b) The department may not issue a license until the commissioner has determined that the facility meets all of the following criteria:

     (1) The facility has been inspected by the department and it meets the requirements of this article and the rules promulgated thereunder;

     (2) The applicant has all necessary federal, state and local governmental permits; and

     (3) The owner has paid all applicable license fees and all departmental charges for services provided to the facility.

     (c) If the department finds a deficiency in the license application, then the owner shall be given at least thirty days to remedy the deficiency before the license application is denied.

     (d) If the department finds that the proposed captive cervid farming facility does not comply with the requirements of this article, then the owner shall be given at least thirty days to remedy the deficiency at the facility before the license application is denied.

     (e) The applicant may request a hearing, pursuant to article five, chapter twenty-nine-a of this code, to contest the denial of a license or any limitations placed upon the issuance of a license.

     (f) The department shall retain the license fee for its services in the event a license is denied.

WVC 19 - 2 H- 6 §19-2H-6. License certificate; renewal; sale or transfer of license.

  (a) Once approved, the department shall issue a license certificate to the owner of a captive cervid farming facility containing the following information:

  (1) The class of license, the license number and expiration date;

  (2) The captive cervid species and number of captive cervids approved for the licensed facility; and

  (3) The name, business address and telephone number of the owner and of the captive cervid farming facility.

  (b) An application for renewal of a license shall be submitted on forms provided by the department sixty days prior to the expiration of the current license. Each license issued shall be for a period of one year from the date of issuance.

  (c) The sale or transfer of ownership of a captive cervid farming facility will not operate to transfer the license. The department may issue a new license to the transferee if all license requirements and fees are satisfied.

WVC 19 - 2 H- 7 §19-2H-7. License modification.

     An owner shall apply to the department for a license modification if there is any proposed change in the class of license, cervid species, number of captive cervids or other requirement necessitating an application for modification.

WVC 19 - 2 H- 8 §19-2H-8. Inspection of facility by the department.

     The department shall have access at all reasonable hours to any captive cervid farming facility to conduct inspections, secure samples or specimens or determine whether the owner is in compliance with the requirements of this article. Inspections and sampling shall be conducted in a manner which will not unnecessarily jeopardize the health of the captive cervids.

WVC 19 - 2 H- 9 §19-2H-9. Transition to captive cervid farming licenses; statutory conflicts.

  (a) A captive cervid farming facility in existence on the effective date of this article may continue operation under its existing authorization until the department acts on its application so long as the facility applies for a license under this article within sixty days after application forms are made available.

  (b) Notwithstanding any other provision of the law to the contrary, an owner or an owner's customer harvesting captive cervids from a captive cervid farming facility is not subject to laws regarding possession limits and closed seasons. Further, a facility is not subject to sections thirteen, fourteen and forty-seven, article two, chapter twenty of this code or the rules promulgated thereunder.

WVC 19 - 2 H- 10 §19-2H-10. Administrative penalties; hearing.

     (a) Upon finding that a person has violated any requirement or rule promulgated under this article, the commissioner may:

     (1) Issue a warning;

     (2) Impose a civil penalty of not more than $1,000 plus the costs of investigation for each violation;

     (3) Suspend, revoke or modify a license;

     (4) Obtain a declaratory judgment that a particular action is a violation of this article; or

     (5) Obtain an injunction.

     (b) A person aggrieved by an administrative action under this section may request an informal hearing or a hearing pursuant to article five, chapter twenty-nine-a of this code.

WVC 19-2H-11

§19‑2H‑11. Prohibited conduct; criminal penalties.

(a) A person may not release or permit the release of any captive cervids from a captive cervid farming facility.

(b) A person may not cause the entry or introduction of wild cervids into a captive cervid farming facility.

(c) An owner may not cease operation of or abandon a captive cervid farming facility without complying with the requirements and rules promulgated under this article.

(d) Any person who violates subsection (a) or (b) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not more than ninety days, or fined not more than $300, or both fined and confined for a first offense. Any person who violates subsection (a) or (b) of this section for a second or subsequent offense is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not more than one year, or fined not more than $1,000, or both fined and confined.

(e) Any person who intentionally or knowingly violates subsection (a), (b) or (c) of this section is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility not less than one nor more than three years, or fined not more than $1,000, or both fined and imprisoned.

(f) A person may not kill, injure, or take any captive cervid that is the property of another. A person who violates this subsection is guilty of a misdemeanor and, upon conviction thereof, may be fined not more than $500 and pay restitution pursuant to sections four and five, article eleven-a, chapter sixty-one of this code.

WVC 19 - 2 H- 12 §19-2H-12. Rulemaking.

     (a) The commissioner shall propose legislative rules in accordance with article three, chapter twenty-nine-a of this code to implement and enforce this article. The rules shall be consistent with the rules of the United States Department of Agriculture in so far as practicable. Any rules promulgated by the commissioner before September 1, 2015, may be emergency rules.

     (b) The rules shall include, but not be limited to:

     (1) Preventing the spread of diseases between captive and wild cervids;

     (2) Implementing an identification system that allows individual captive cervids to be recognized and identified throughout the animal's life;

     (3) Establishing specifications for fencing necessary to prevent the escape of captive cervids and the infiltration of wild cervids into a captive cervid farming facility;

     (4) Specifying record-keeping standards required of captive cervid farming facilities, including standards for documenting purchases, propagation, sales, harvesting, sales of venison and other documentation required to maintain accurate and complete business records;

     (5) Establishing animal health testing criteria, inoculation requirements and statistical information to track, discover and prevent the spread of animal diseases, including chronic wasting disease;

     (6) Regulating the intrastate and interstate movement of captive cervids and maintaining documentation of the origin and destination of all cervid shipments, disease and identification records and any other requisite documentation;

     (7) Creating regulations for the sale and slaughtering of captive cervids for venison;

     (8) Establishing a schedule of fees and charges for services provided by the department to captive cervid farming facilities; and

     (9) Procedures for captive cervid farming facilities to close and wind down operations.

Note: WV Code updated with legislation passed through the 2016 Regular Session
The West Virginia Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.


Recent legislation affecting the Code

Citation Year/Session Short Title
§19 - 13 - 4 - (Amended Code)
SENATE BILL - 531
PASSED - Regular Session

SB531 SUB1 enr  (Uploaded - 04/03/2017)
Relating to renewal date for apiary certificates of registration
§19 - 12 E- 5 - (Amended Code)
HOUSE BILL - 2453
PASSED - Regular Session

HB2453 SUB ENR  (Uploaded - 04/06/2017)
Expanding the list of persons the Commissioner of Agriculture may license to grow or cultivate industrial hemp
§19 - 14 - 4 - (Amended Code)
§19 - 14 - 5 - (Amended Code)
HOUSE BILL - 2552
PASSED - Regular Session

HB2552 SUB ENR  (Uploaded - 06/09/2017)
Increasing the pet food registration fee and directing that the additional money be deposited into the West Virginia Spay Neuter Assistance Fund
§19 - 1 A- 3 A - (Amended Code)
§19 - 2 A- 4 - (Amended Code)
§19 - 9 A- 3 - (Amended Code)
§19 - 12 D- 7 - (Amended Code)
§19 - 15 - 2 - (Amended Code)
§19 - 34 - 6 - (Amended Code)
§19 - 35 - 3 - (Amended Code)
HOUSE BILL - 2948
PASSED - Regular Session

HB2948 SUB ENR  (Uploaded - 04/21/2017)
Establishing timelines for taking final action on certain permits
§19 - 25 - 7 - (Repealed Code)
SENATE BILL - 270
PASSED - Regular Session

SB270 SUB1 ENR  (Uploaded - 03/14/2016)
Repealing code relating to insurance policies
§19 - 1 - 7 - (New Code)
SENATE BILL - 387
PASSED - Regular Session

SB387 SUB2 enr  (Uploaded - 02/25/2016)
Shared animal ownership agreements to consume raw milk
§19 - 2 H- 11 - (Amended Code)
HOUSE BILL - 4673
PASSED - Regular Session

HB4673 SUB ENR  (Uploaded - 03/17/2016)
Providing for a crime for the theft, damage or release of deer from private game farms
This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Web Administrator   |   © 2017 West Virginia Legislature **