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Chapter 19     Entire Code
‹ Chapter 18C  |  Chapter 20 › Printer Friendly Versions
Chapter 19  |  Article 19 - 1  |  Section 3

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

2H - CAPTIVE CERVID FARMING ACT

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 - 1 - ARTICLE 1. DEPARTMENT OF AGRICULTURE.

WVC 19 - 1 - 1 §19-1-1. Department of agriculture.
There shall be a department of agriculture under the control and supervision of a commissioner of agriculture.

WVC 19 - 1 - 2 §19-1-2. Commissioner of agriculture.
The commissioner of agriculture shall be elected by the qualified voters of the state at the same time and in the same manner as other state officers are elected, and shall hold office for a term of four years and until his successor is elected and qualified.

The commissioner shall be a practical farmer, learned in the science of agriculture, and shall have made agriculture his chief business for a period of ten years immediately preceding his election.

WVC 19 - 1 - 3 §19-1-3. Employees; itemized statement of expenditures; monthly statement and payment of moneys received by

commissioner.
The commissioner shall organize his department and may employ such assistants, agents, clerks, stenographers, chemists, analysts, botanists, microscopists, institute instructors, pomologists, entomologists, veterinarians and such other employees as may be necessary in the performance of the duties of his office and fix their compensation and may require them to give bond for the faithful performance of their duties.

It shall be the duty of the commissioner to certify to the auditor of this State, from time to time, an itemized account of all expenditures made by him for clerk hire and other purposes, whereupon the auditor shall draw his warrant on the treasurer of the State for the payment thereof out of the funds appropriated by the legislature for that purpose, but in no case to exceed such appropriation.

The commissioner shall, within ten days after the expiration of each month, submit to the auditor and treasurer an itemized statement of all moneys received by him during that month, and at the same time pay such money into the treasury of the State.

WVC 19 - 1 - 3 A §19-1-3a. Marketing and Development Division; duties.

      The duties of the Marketing and Development Division are to establish marketing, promotional and development programs to advance West Virginia agriculture in the domestic and international markets; to provide grading, inspection and market news services to the various elements of the West Virginia agricultural industry; and to regulate and license individuals involved in the marketing of agricultural products. WVC 19 - 1 - 3 B §19-1-3b.
Repealed.

Acts, 2010 Reg. Sess., Ch. 32. WVC 19 - 1 - 4 §19-1-4. Duties of commissioner.

     The Commissioner of Agriculture shall perform the following duties:

     (a) Devise means of advancing the agricultural interests of the state and, in the performance of such duty, he or she shall have authority to call upon any state department, or officer of the state or county, to cooperate in promoting the agricultural interests of the state. It shall be the duty of any such department, or officer, upon request of the commissioner to render the assistance desired;

     (b) Promote and encourage the organization of such societies and associations as have for their object the improvement and development of the state's agricultural, horticultural and kindred interests, especially in production, processing for market and distribution;

     (c) Conduct cooperative work with the United States Department of Agriculture in inspecting and determining the grade and condition of farm produce at collecting centers, receiving centers and shipping points;

     (d) Induce the investment of capital in, and immigration into, this state by the dissemination of information relative to the soil, climate, health, natural resources, market opportunities and advantages of the state;

     (e) Investigate and report upon the kinds, conditions and extent of the mineral products of the state and their value;

     (f) Take charge of the museum of the Department of Agriculture, collect, preserve and exhibit therein specimens of agricultural, horticultural and kindred products, products of the forests, minerals, flora and fauna of the state;

     (g) Publish and distribute, from time to time, such reports and bulletins concerning agriculture, horticulture and kindred subjects as may be of value to the farmers of the state and, as conditions may demand, publish a handbook giving the resources of the several counties of the state, the varieties of soil and products, both mineral and vegetable, and the adaptability of the different sections of the state to the different branches of agriculture, horticulture and kindred interests;

     (h) Submit a biennial report to the Governor and Legislature containing such information as to the operations of the department as may be helpful to the agricultural interests of the state, together with an itemized statement of all receipts and disbursements during the biennial period covered thereby and giving the name of every person employed during such period, the time employed and the amount paid each employee;

     (i) Perform such other duties and exercise such other powers as are provided in this chapter and by general law;

     (j) Enter into an agreement with the Secretary of the Department of Veterans' Assistance to transfer without consideration all or part of the approximately seventeen acres of Department of Agriculture property in Beckley, West Virginia, located adjacent to the Jackie Withrow Hospital which was formerly known as Pinecrest Hospital, for construction of a veterans skilled nursing facility; and

     (k) Propose rules, including regulatory standards, for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code for the purpose of carrying out the requirements of this chapter. WVC 19 - 1 - 4 A §19-1-4a. Commissioner authorized to accept gifts, etc., and enter into cooperative agreements.

The commissioner of agriculture is hereby empowered and he shall have authority to accept and receive donations, gifts, contributions, grants, and appropriations of money, services, materials, real estate or other things of value from the United States department of agriculture, or any of its divisions or bureaus, and he shall have authority to use, utilize, develop, or expend such money, services, material, or other contributions in conformity with the conditions and provisions set forth in such grants, appropriations, or donations.

By and with the approval of the governor, the commissioner may accept and receive donations, gifts, contributions, and grants of money, services, materials, real estate, and other things of value from individuals, partnerships, associations, or corporations, and he shall have authority to utilize such contributions to encourage, promote and develop the agricultural interests or industries of the state.

The commissioner is hereby empowered, and he shall have authority, to enter into agreements with any department of state government for the purpose of carrying out any regulatory laws where or when any related functions or duties exist. He shall also have authority to enter into agreements with any city council or county court of the state of West Virginia, for carrying out the provisions of the agricultural laws over which he has enforcement authority.

WVC 19 - 1 - 4 B §19-1-4b. Authority of commissioner to increase certain fees by rules or regulations.

The commissioner is hereby authorized to promulgate and adopt rules in accordance with the provisions of chapter twenty-nine-a of this code, fixing dues for permits, licenses, certificates, registrations and laboratory tests when, in the opinion of the commissioner, it becomes necessary to increase these fees in order to cover the costs of providing the services involved or issuing the permits, licenses, certificates or registrations applicable.

WVC 19 - 1 - 4 C §19-1-4c. Agriculture fees fund.
There is hereby created a special revenue account within the state treasury to be known as "Agricultural Fees Fund". Expenditures from the fund shall be used exclusively by the commissioner of agriculture for the purpose of enforcement and administration of this chapter. Moneys paid into the account shall be from all moneys collected under this chapter, except those designated in article one-a; article two-g; article twenty-one; article twenty-one-a; article twenty-one-b; article twenty-three; article twenty-five; article twenty-six; article twenty-seven; and section twenty-three, article sixteen-a.

WVC 19 - 1 - 4 D §19-1-4d. Farmland preservation fees fund.
There is hereby created a special revenue account within the state treasury to be known as "Farmland Preservation Fees Fund". Expenditures from the fund shall be used exclusively by the commissioner of agriculture for the purpose of funding farmland preservation boards in any county which has adopted and implemented a farmland protection program pursuant to the farmland preservation act as enacted beginning with section seventy-two, article twenty-four, chapter eight of this code.

WVC 19 - 1 - 5 §19-1-5. Cooperative statistical work.
The commissioner of agriculture is hereby authorized to conduct cooperative work with the United States department of agriculture in gathering and disseminating information concerning agriculture, and it shall be the duty of the commissioner of agriculture and the tax commissioner to prepare and supply to the several assessors of the state printed forms, books, blanks, papers and reports, which are hereby required to be printed by the state printer out of the printing fund of the state, to be used in the gathering of such agricultural and other statistics as the commissioner of agriculture may require.

WVC 19 - 1 - 6 §19-1-6. Duty of assessor to gather statistics.

Commencing on the first day of July of each year, the assessors shall proceed to gather such statistics as the commissioner of agriculture and the tax commissioner may require, and the printed books, forms, blanks, papers and reports when so completed shall be returned to the commissioner of agriculture, on or before the first day of March next ensuing.

WVC 19-1-7

§19-1-7.  Shared animal ownership agreement to consume raw milk.

(a) Notwithstanding any other provision of the law to the contrary, a responsible party may enter into a written shared animal ownership agreement to consume raw milk in which he or she:

(1) Acquires a percentage ownership interest in a milk-producing animal;

(2) Agrees to pay another for the percentage ownership interest for the care and boarding of the milk-producing animal at the dairy farm;

(3) Is entitled to receive a fair share of the animal’s raw milk production as a condition of the contractual agreement;

(4) Agrees to sign a written document acknowledging the inherent dangers of consuming raw milk that may contain bacteria, such as Brucella, Campylobacter, Listeria, Salmonella and E. Coli, that has not been pasteurized to remove bacteria and that is particularly dangerous to children, pregnant women and those with compromised immunity. The responsible party then agrees to release the herd seller of liability for the inherent dangers of consuming raw milk but not for those dangers that are caused by negligent acts or omissions of the herd seller; and

(5) Agrees not to distribute raw milk.  The sale or resale of raw milk obtained from a herd share is strictly prohibited.

(b) The signed and executed shared animal ownership agreement shall be filed by the herd seller with the Commissioner of Agriculture and shall contain the names, addresses and phone numbers of the herd seller and the responsible party so that either party may be contacted in the event of an illness.

(c) The herd seller shall meet the animal health requirements for milk-producing animals established by the state veterinarian in accordance with state and national standards including the following:

(1) Raw milk from milk-producing animals intended for consumption shall be from a herd that tested negative within the previous twelve months for brucellosis, tuberculosis and other diseases as required by the state veterinarian. Additions to the herd shall test negative for the diseases within the previous thirty days before introduction into the herd; and

(2) Milk-producing animals producing bloody, stringy or abnormal milk, but with only slight inflammation of the udder, shall be excluded from the milking herd until reexamination shows that the milk has become normal. Milk-producing animals showing chronic mastitis, whether producing abnormal milk or not, shall be permanently excluded from the milking herd.

(d) Parties to a shared animal ownership agreement and physicians who become aware of an illness directly related to consuming raw milk shall report the illness to the local health department and the Commissioner of Agriculture.  Upon receipt of such a report, the Commissioner of Agriculture or his or her designee shall contact and warn other parties consuming raw milk from the same herd seller.

(e) The Commissioner of Agriculture may impose an administrative penalty not to exceed $100 for a person who violates the provisions of this section.  Any penalty imposed under this subsection may be contested by the person against whom it is imposed pursuant to article five, chapter twenty-nine-a of this code.

(f) The Commissioner of Agriculture, in consultation with the Department of Health and Human Resources, may propose rules for promulgation in accordance with the provisions of article three, chapter twenty-nine-a of this code in compliance with raw milk dairy industry standards.

WVC 19 - 1 - 8 §19-1-8. Penalty for failure of assessor to perform duties.
Any assessor failing to perform any of the duties required of him in this article shall be guilty of a misdemeanor, and, upon conviction thereof, fined not more than one hundred dollars.

WVC 19 - 1 - 9 §19-1-9. Agriculture advisory board.
There shall be a state agriculture advisory board to consist of the governor, the commissioner of agriculture and the director of the cooperative extension service of West Virginia University, ex officio. It shall be the duty of the members of such board to meet together at the seat of government at least four times each year at regular intervals to consider the conditions and needs of the agricultural interests of the state, and how and in what manner the functions, powers and duties assigned by law to each department of agriculture may be most efficiently and economically administered for the benefit of the state so that there may be neither overlapping, duplication nor interference of, by or with the work of the one department with that of the other, and that the department best calculated to exercise and discharge certain powers, duties or functions be thereunto appointed and authorized, and that the other department shall desist from further activities in that behalf.

The decision of any two members of such board shall be final, and the department against which such decision shall be shall cease all activities not in conformity with such decision, and the other department shall proceed to carry on the work in conformity therewith.

WVC 19 - 1 - 10 §19-1-10. Requirement for social security number on applications.
The commissioner shall require every applicant for a license, permit, certificate of registration, or registration under this chapter to place his or her social security number on the application.

WVC 19 - 1 - 11 §19-1-11. Rural Rehabilitation Loan Program.

     (a) The Rural Rehabilitation Loan Program is an important tool for the Commissioner of Agriculture to promote investment in the agricultural industry in the state. Rules are needed for the loan program to remain viable.

     (b) The commissioner shall propose emergency and legislative rules for approval in accordance with article three, chapter twenty-nine-a of this code. The rules shall, at a minimum:

     (1) Establish minimum requirements and qualifications for the loan committee, including the addition of public members who have agricultural or business loan experience;

     (2) Prohibit department employees and loan committee members, and their immediate family members, from receiving program loans;

     (3) Establish minimum financial requirements for receiving a program loan;

     (4) Require loans to be used for agricultural or related purposes;

     (5) Require collateral sufficient to secure the loan;

     (6) Establish policies for the application, applicable interest rates, delinquencies, refinancing, collection proceedings, collateral requirements and other aspects of the loan program;

     (7) Require the department to advertise the loan program to the public, including information on the department's website and in the department's market bulletin; and

     (8) Transfer the servicing of the program loans to a financial institution via competitive bid or to the State Treasurer's office.

     (c) The commissioner shall file an annual report to the Joint Committee on Government and Finance regarding the loan program, including information about the loans awarded, loans repaid, loans outstanding, interest rates, delinquency and collections, and other pertinent data. WVC 19 - 1 - 12 §19-1-12. Veterans and Warriors to Agriculture Program and fund.

          (a) Legislative findings. --

          West Virginians have a longstanding tradition of service in the armed forces of the United States. Many veterans suffer from physical and emotional afflictions and are often unable to find gainful employment upon returning from combat. Exploring opportunities to engage West Virginia's veterans in agriculture is beneficial to the health and welfare of veterans, as well as to the future of West Virginia's agricultural economy.

          (b) Veterans and Warriors to Agriculture Program. --

          The Department of Agriculture shall develop a Veterans and Warriors to Agriculture Program to integrate veterans into the field of agriculture, and support veterans currently working in agriculture. These programs may include, but are not limited to, using post-mine land for agricultural development, promoting high tunnel crops and production, expanding the apiary industry, developing cottage industries, exploring niche crops, raising more livestock, increasing the aquaculture industry and helping veterans promote their agricultural products through farmers markets and cooperatives. The department, Department of Veterans' Assistance and the state's Adjutant General shall work together to recruit and train eligible veterans, and develop and support the program.

          (c) Veterans and Warriors to Agriculture Fund. -- There is hereby created in the State Treasury a special revenue account, designated the Veterans and Warriors to Agriculture Fund. The fund shall consist of income from leasing the department's property for the program, surplus funds which may be transferred from the fund created by section six-a, article twelve-a of this chapter, gifts, grants and donations, and legislative appropriations which may be made to support the program. Expenditures from the fund shall be used exclusively, in accordance with appropriations by the Legislature, to pay costs, fees and expenses necessary to administer the Veterans and Warriors to Agriculture Program: Provided, That for fiscal year ending June 30, 2015, expenditures are authorized from collections rather than pursuant to an appropriation by the Legislature.

          (d) Notwithstanding any provision in this code to the contrary, should the Department of Agriculture deem it necessary to provide land for activities within this program, it is exempt from the purchasing requirements as they relate to the competitive leasing of state property.

          (e) The commissioner may propose emergency or legislative rules for approval in accordance with the provisions of article three, chapter twenty-nine-a of this code to effectuate the provisions of this section.

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 - 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
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