Chapter 19, Chapter 19

(a) The Legislature finds that the following are important to protect the health and welfare of the citizens of West Virginia: (1) Establishing standards governing the care and well-being of livestock in this state; (2) Maintaining food safety; (3) Encouraging locally grown and r…

The Legislature finds that West Virginia has extensive forest resources and their continued development and expansion is vital to the economic well-being of the state and its people. The Legislature also finds that the production potential of the state's forest resources remains …

This article shall be known and cited as the "Logging Sediment Control Act."

There shall be a Department of Agriculture under the control and supervision of a commissioner of agriculture.

Notwithstanding the provisions of §19-1B-5 of this code, whenever the director determines that any person has violated a provision of this article or any rules promulgated pursuant thereto, he or she may enter an order directing the person to cease the violation and, where approp…

(a) The Rural Rehabilitation Loan Program is an important tool for the Department 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 r…

(a) Each forestry region in this state shall contain an informal conference panel composed of three persons to decide appeals of the director's orders. One member of the panel shall be selected by the director, one member shall be selected by the chief and one member shall be sel…

(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 opport…

(a) It is illegal for a person to: (1) Conduct timbering operations, purchase timber, or buy logs for resale in this state without holding a valid license from the Director of the Division of Forestry, as required by §19-1B-4 of this code; (2) Conduct timbering operations or seve…

All state agencies shall cooperate with the director in the director's efforts to ensure that persons conducting timbering operations are doing so in compliance with all applicable provisions of state law, and the director shall cooperate with such other state agencies to enforce…

On or before January 31 of each year, the commissioner shall file a report with the President of the State Senate, the Speaker of the House, and the Joint Committee on Government and Finance detailing the activities of the department, including all boards and commissions under th…

Nothing in this article relieves any person conducting timbering operations from complying with any other provision of this code.

The Legislature hereby finds that some activities associated with the commercial harvesting of timber results in the exposure of soil and that, if uncontrolled, such exposed soil can erode resulting in gullying, soil slippages and sediment deposition in streams. It is the policy …

The purposes of this article are to provide for promoting West Virginia products; promoting new forest products industries; developing existing forest products industries; promoting coordination of all state forests resources; advising the Governor and Legislature on all aspects …

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 or her successor is elected and qualified.

For the purposes of this article: (1) “Board” means the Livestock Care Standards Board. (2) “Commissioner” means the Commissioner of Agriculture. (3) “Department” means the West Virginia Department of Agriculture. (4) “Livestock” has the same definition as set out in §19-10B-2(d)…

(a) "Best management practices" means sediment control measures, structural or nonstructural, used singly or in combination, to reduce soil runoff from land disturbances associated with commercial timber harvesting. (b) "Chief" means the Director of the Division of Water and Wast…

The commissioner shall organize his or her department and may employ a general counsel and other such legal, business, science, and technical professionals, para-professionals, and experts, and employees as may be necessary to perform the duties of the office. He or she shall fix…

The Division of Forestry heretofore created is hereby continued. And, except as otherwise provided in this article, all powers and duties previously exercised by the Director of Natural Resources under subsection (13), section seven, article one and article three, chapter twenty …

(a) On July 1, 2010, there is hereby created the Livestock Care Standards Board. (b) Commencing July 1, 2021, the board consists of the following 13 members, to be appointed by the Governor, by and with the consent of the Senate: (1) The Commissioner of the Department of Agricult…

(a) The department shall establish marketing, promotional, and economic development programs to advance West Virginia agriculture in the domestic and international markets; provide grading, inspection, and market news services to the various elements of the West Virginia agricult…

(a) (1) The Legislature finds that ginseng trade must be controlled in order to protect the survival of wild ginseng as evidenced by its listing in Appendix II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora. It is the policy of this state t…

(a) Timber theft is the misappropriation or taking of timber belonging to another, or proceeds derived from the sale of timber, either taken without the consent of the owner, or by means of fraudulent conduct, practices, or representations, with the intent to deprive the owner pe…

(a) The commissioner may, as a condition of employment, require an applicant for a position to submit to a state and national criminal history record check. This requirement is found not to be against public policy. (b) The criminal history record check shall be based on fingerpr…

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 …

(a) A person may not conduct timbering operations, purchase timber, or buy logs for resale until he or she has obtained a license and met the requirements of this article. (b) Exemptions. — A person who severs or removes, or hires or contracts with another to sever or remove, sta…

(a) The director shall: (1) Develop, promote and advance the growth of the forest products industries of this state; (2) Cooperate with educational institutions, development agencies and private and public organizations to promote the expansion of the forest products industries o…

(a) The board has the following powers and duties to: (1) Establish standards governing the care and well-being of livestock; (2) Maintain food safety; (3) Encourage locally grown and raised food; and (4) Protect West Virginia farms and families. (b) The commissioner, in consulta…

Notwithstanding any provision of this code to the contrary, the Commissioner of Agriculture is hereby empowered and he or she shall have authority to accept and receive donations, gifts, contributions, grants, and appropriations of money, services, materials, real estate, or othe…

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 ne…

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 p…

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 cou…

There is hereby created in the State Treasury a special revenue account to be known as the Department of Agriculture Capital Improvements Fund. The fund shall be administered by the Department of Agriculture. The fund shall consist of all moneys transferred into the fund pursuant…

(a) Upon a finding by the chief that failure to use a particular best management practice is causing or contributing, or has the potential to cause or contribute, to soil erosion or water pollution, the chief shall notify the director of the location of the site, the problem asso…

The Director of the Division of Forestry shall be appointed by the Governor, by and with the advice and consent of the Senate, and shall serve at the will and pleasure of the Governor. The director shall be a graduate of a school of forestry accredited by the Society of American …

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 Commissione…

(a) The ex officio members of the board may not receive compensation for serving on the board. (b) The appointed members of the board shall receive compensation for each day or portion of a day engaged in the discharge of official duties, which compensation may not exceed the amo…

(a) In addition to any other requirement of this article, no person may conduct timbering operations and no person may sever trees for sale unless the person notifies the director of the specific location on which the timbering operations or harvesting of timber are to be conduct…

(a) The board shall meet at least annually, and the commissioner may call additional meetings of the board upon the written request of three members. (b) The commissioner, on behalf of the board, may file an annual report with the Joint Committee on Government and Finance that co…

Commencing on July 1, 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 a…

(a) For purposes of this section, “raw milk” means milk that has not been pasteurized as specified in 21 C.F.R. §1240.61. (b) Notwithstanding any other provision of this code to the contrary, raw milk may be sold by a seller in West Virginia to a consumer in West Virginia: Provid…

(a) Any individual supervising any licensed timbering operation, or any individual supervising any timbering operation that is not exempted from the licensing requirements set forth in §19-1B-4 of this code, must be certified pursuant to this section. (b) The director is responsi…

(a) The commissioner shall administer and enforce the standards established pursuant to this article. This authority may include, but is not limited to: (1) Coordinating with and providing assistance to law-enforcement officers; (2) Assisting law-enforcement officers with investi…

There is created in the state Treasury a special revolving fund designated the "Timbering Operations Enforcement Fund." All fees collected pursuant to this article shall be deposited into the fund: Provided, That amounts deposited in the fund which are found from time to time to …

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 $100.

The director or the chief has the right to enter upon any property for the purpose of making inspections to ensure that the provisions of this article and any rules promulgated pursuant thereto are being complied with.

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 s…

Subject to the provisions of section seven of this article, the basic purpose of this article is to provide for the inspection, labeling and disposition of animals, poultry, carcasses, meat products and poultry products which are to be sold or offered for sale through commercial …

For the purposes of this article: (a) "Absolute auction" means the sale of real or personal property at auction whereby every item offered from the block is sold to the highest bidder without reserve and without the requirements of a minimum bid or other conditions which limit th…

(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…