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Chapter 19     Entire Code
‹ Chapter 18C  |  Chapter 20 › Printer Friendly Versions
Chapter 19  |  Article 19 - 33  |  Section 3

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

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
    19 - 33 - 1
    19 - 33 - 2
    19 - 33 - 3
    19 - 33 - 4
    19 - 33 - 5

WVC 19 - CHAPTER 19. AGRICULTURE.
ARTICLE 33 - EQUINE RESCUE FACILITIES ACT ARTICLE 33. EQUINE RESCUE FACILITIES ACT. WVC 19 - 33 - 1 §19-33-1. Definitions.

     For purposes of this article:

     (a) "Commissioner" means the Commissioner of Agriculture.

     (b) "Equine rescue facility" means a facility that is listed as a nonprofit organization having a legitimate and current status under Title 26 U. S. C. 501(c)(3), as amended, that fosters care to unwanted equines due to age, health or other circumstances that deem the equines homeless. WVC 19 - 33 - 2 §19-33-2. Licensing of equine rescue facilities.

     No person may operate an equine rescue facility as defined in this section without an equine rescue facility license issued by the Department of Agriculture. The annual fee for an equine rescue facility license is $100, which shall be remitted by the commissioner to the humane officer or animal control officer in the county where the facility is located to offset the expense of inspecting that facility. If the county does not have a humane officer or animal control officer, the commissioner shall remit the license fee to the sheriff of the county where the facility is located. WVC 19 - 33 - 3 §19-33-3. Inspections of equine rescue facilities.

     Upon application for an equine rescue facility license, the commissioner shall notify the county humane officer or animal control officer in the county where the equine rescue facility is located, who shall inspect the facility prior to issuance of an equine rescue facility license and, thereafter, not less than twice annually. If the county does not have a humane officer or animal control officer, the sheriff of that county is responsible for inspections of equine rescue facilities in the county as set forth in this section. WVC 19 - 33 - 4 §19-33-4. Legislative rules.

     The commissioner shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty- nine-a of this code to provide for the following:

     (a) The issuance of equine rescue facility licenses and revocation of the licenses for violations of the provisions of this article or rules adopted hereunder;

     (b) Notification of the application and issuance of an equine rescue facility license to the humane officer, animal control officer or county sheriff in the county where the facility is located and providing remittance of the annual equine rescue facility license fee;

     (c) Standards for maintenance of the premises, the care and health of the horses kept at equine rescue facilities and standards for inspection of those facilities and horses, using guidelines developed by the West Virginia Livestock Care Standards Board; and

     (d) Standards for closure of an equine rescue facility and seizure of horses at the facility where the health and welfare of the horses are endangered. WVC 19 - 33 - 5 §19-33-5. Penalties.

     Any person who violates any provision of this article or rules adopted hereunder is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100 nor more than $500 for the first offense, and for a second or subsequent offense shall be fined not less than $500 nor more than $2,500.

Note: WV Code updated with legislation passed through the 2013 1st Special Session
The WV 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 - 1 - 11 - (New Code)
SENATE BILL - 350
PASSED - Regular Session

SB350 ENR  (Uploaded - 03/25/2014)
Relating to Rural Rehabilitation Loan Program
§19 - 1 A- 3 B - (New Code)
SENATE BILL - 353
PASSED - Regular Session

SB353 SUB2 ENR  (Uploaded - 03/25/2014)
Relating to timber theft from state forests
§19 - 1 B- 12 - (Repealed Code)
§19 - 1 B- 12 A - (Amended Code)
SENATE BILL - 357
PASSED - Regular Session

sb357 SUB1 ENR  (Uploaded - 03/25/2014)
Relating to Logging Sediment Control Act civil and criminal penalties
§19 - 21 A- 4 A - (New Code)
SENATE BILL - 365
PASSED - Regular Session

SB365 SUB1 ENR  (Uploaded - 03/25/2014)
Relating to administration of Conservation Agency programs
§19 - 1 - 11 - (New Code)
SENATE BILL - 469
PASSED - Regular Session

SB469 SUB1 ENR  (Uploaded - 03/25/2014)
Creating Veterans and Warriors to Agriculture Program
§19 - 1 - 4 - (Amended Code)
SENATE BILL - 523
PASSED - Regular Session

SB523 SUB2 ENR  (Uploaded - 07/01/2014)
Providing for additional state veterans skilled nursing facility in Beckley
§19 - 1 A- 3 A - (Amended Code)
SENATE BILL - 535
PASSED - Regular Session

SB535 SUB1 ENR  (Uploaded - 03/25/2014)
Clarifying definition of "ginseng"
§19 - 20 D- 1 - (New Code)
§19 - 20 D- 2 - (New Code)
§19 - 20 D- 3 - (New Code)
HOUSE BILL - 2757
PASSED - Regular Session

HB2757 SUB ENR  (Uploaded - 03/25/2014)
Private cause of action for the humane destruction of a dog
§19 - 12 E- 5 - (Amended Code)
§19 - 12 E- 9 - (Amended Code)
HOUSE BILL - 3011
PASSED - Regular Session

HB3011 SUB ENR  (Uploaded - 03/25/2014)
Removing the provision that requires an applicant to meet federal requirements concerning the production, distribution and sale of industrial hemp prior to being licensed
§19 - 34 - 1 - (New Code)
§19 - 34 - 2 - (New Code)
§19 - 34 - 3 - (New Code)
§19 - 34 - 4 - (New Code)
§19 - 34 - 5 - (New Code)
§19 - 34 - 6 - (New Code)
§19 - 34 - 7 - (New Code)
§19 - 34 - 8 - (New Code)
§19 - 34 - 9 - (New Code)
HOUSE BILL - 4393
PASSED - Regular Session

HB4393 SUB ENR  (Uploaded - 03/25/2014)
Creating the Dangerous Wild Animals Act
§19 - 2 C- 1 - (Amended Code)
§19 - 2 C- 3 - (Amended Code)
§19 - 2 C- 3 A - (New Code)
§19 - 2 C- 3 B - (New Code)
§19 - 2 C- 5 - (Amended Code)
§19 - 2 C- 5 A - (Amended Code)
§19 - 2 C- 6 - (Amended Code)
§19 - 2 C- 6 B - (Amended Code)
§19 - 2 C- 8 - (Amended Code)
§19 - 2 C- 9 - (Amended Code)
§19 - 2 C- 9 A - (New Code)
HOUSE BILL - 4410
PASSED - Regular Session

HB4410 ENR SUB  (Uploaded - 03/25/2014)
Redefining auctioneer exceptions
§19 - 4 - 6 - (Amended Code)
HOUSE BILL - 4488
PASSED - Regular Session

hb4488 ENR  (Uploaded - 03/25/2014)
Eliminating the requirement for notarization of the articles of incorporation for cooperative associations
§19 - 12 A- 6 A - (Amended Code)
HOUSE BILL - 104
PASSED - 1st Special Session

hb104 ENR  (Uploaded - 03/25/2014)
Increasing the annual cap for collections into the Land Division special revenue account of the Department of Agriculture
Note: WV Code updated with legislation passed through the 2013 1st Special Session
The WV 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.
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