Chapter 19, Chapter 19

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…

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 of…

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 licen…

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 …

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 tha…

The possession of dangerous wild animals presents serious public health and safety concerns and shall be regulated for the following reasons: (1) To prevent the introduction or spread of disease or parasites harmful to humans, domestic livestock and poultry, wildlife and captive …

As used in this article unless otherwise specified: (1) "Board" means the Dangerous Wild Animal Board; (2) "Dangerous wild animal" means a mammal, bird, reptile, amphibian or aquatic animal, including a hybrid, that is dangerous to humans, other animals or the environment due to …

The Board shall propose rules for legislative approval to effectuate the provisions of this article in accordance with the provisions of article three, chapter twenty-nine-a of this code.The board may promulgate emergency rules pursuant to section fifteen, article three, chapter …

(a) Except as otherwise provided in this article, a person may not possess a dangerous wild animal. (b) Pursuant to the provisions of this article, the board may issue a permit for the possession of a dangerous wild animal if the applicant was in legal possession of the animal pr…

(a) The Dangerous Wild Animal Board is established with the following members: The Commissioner of the Department of Agriculture, the Secretary of the Department of Health and the Director of the Division of Natural Resources, or their designees. The board shall develop a compreh…

(a) Application. -– A person applying for a permit to possess a dangerous wild animal shall submit an application that includes the following: (1) A fee established by the board for each dangerous wild animal; (2) The name, address and telephone number of the applicant, and the a…

(a) A law-enforcement officer, county humane officer or the state veterinarian may immediately confiscate or euthanize any dangerous wild animal if the animal poses an immediate risk to public health or safety regardless of whether the owner of the animal has a permit issued unde…

(a) The permitting provisions of this article do not apply to: (1) Institutions accredited by the Association of Zoos and Aquariums (AZA) or an AZA-certified facility; (2) An animal control or law-enforcement agency or officer acting under the authority of this article; (3) Licen…

(a) A person who violates a provision of this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $200 nor more than $2,000 for each animal with respect to which there is a violation. (b) A person who knowingly and intentionally or reckle…

(a) The Legislature hereby makes the following findings: (1) Farmers markets are critical incubators for small farm and food businesses because they offer an inexpensive, accessible, entry-level market for reaching consumers directly, though research has shown that the average ve…

For purposes of this article: “Acidified food” means a low-acid food item to which acid or acid foods are added with a water activity of greater than 0.85 and a finished equilibrium of pH 4.6 or below. Acidified foods are considered potentially hazardous foods. “Delivered” means …

(a) All farmers markets operating within the state shall register with the department. Farmers markets shall register on a form prepared by the department and provide information to the department regarding: (1) The type of farmers market; (2) The location, dates, and hours of op…

(a) Except as provided in subsection (d) of this section, all vendors at a farmers market selling farm and food products shall apply for a farmers market vendor permit from the department. (b) The farmers market vendor permit, once issued, is valid in all counties in this state. …

(a) No local health department may require a farmers market or a farmers market vendor to obtain a food establishment permit, except a consignment farmers market is required to obtain a food establishment permit: Provided, That nothing in this article shall be construed to exempt…

The department shall propose emergency or legislative rules for approval in accordance with the provisions of §29A-3-1 et seq. of this code for the purposes of implementing this article, including the setting of any fees.

(a) Notwithstanding any provision of §16-1-1 et seq. of this code or any rules or regulations to the contrary, the department shall regulate potentially hazardous foods sold at farmers markets. (b) A vendor of potentially hazardous foods shall apply for and obtain a farmers marke…

(a) The production and sale of nonpotentially hazardous foods, when done in conformity with this section and the accompanying legislative rules, are exempt from licensing, permitting, inspection, packaging, and labeling laws of this state. (b) The following conditions apply to th…

Every year, in rapidly increasing numbers, residents and nonresidents of the State of West Virginia are enjoying the recreational value of the state’s many agritourism venues. The tourist trade is of vital importance to the State of West Virginia and the services offered by agrit…

Unless the context of usage clearly requires otherwise: “Agritourism” activity means any lawful activity carried out on a farm or ranch that allows members of the general public for recreational, entertainment, or educational purposes to view or enjoy rural activities. “Agritouri…

(a) An agritourism business, or agritourism business employee or volunteer acting under the direction of the agritourism business operator, is not liable for injury or death of a participant, or loss or damage to a participant’s property, as the result of the inherent risks of ag…

(a) To qualify for the limitation on liability afforded by §19-36-3 of this code, an agritourism business shall post and maintain signs that contain the notice specified in §19-36-4(b) of this code. The sign must be placed in a clearly visible location at the entrance to the agri…

(a) Notwithstanding any provision of this code to the contrary, the occurrence of agritourism does not change the nature or use of property that otherwise qualifies as agricultural for building code, zoning, or property tax classification purposes. (b) An agritourism business may…

(a) There is hereby created the Agritourism Commission which shall consist of the Commissioner of Agriculture or designee, who shall serve as chair, and 10 members, who shall be residents and citizens of the state. The citizen members shall have experience in agritourism and repr…

(a) According to the West Virginia Farm Bureau state schools alone currently purchase $100 million of food from out-of-state sources. (b) Locally grown food is healthier and more beneficial to the environment than food imported from other states and other countries. (c) This arti…

(a) Beginning July 1, 2019, each state-funded institution, including, but not limited to, schools, colleges, correctional facilities, governmental agencies, and state parks, shall obtain a minimum of five percent of its food from in-state producers. (b) To satisfy this requiremen…

The Commissioner of Agriculture shall be charged with the enforcement of this article and shall have authority to make and enforce rules and regulations for the administration of this article.

(a) The Legislature finds that: (1) It is an important public policy to attract new and expand existing agricultural businesses and value-added facilities producing or further developing the availability of locally grown food and locally produced products. (2) Agriculture-based b…

(a) “Commissioner” means the Commissioner of Agriculture, or his or her designee. (b) “Department” means the West Virginia Department of Agriculture. (c) “Fund” means the Agriculture Investment Fund created by this article. (d) “Program” means the West Virginia Agriculture Invest…

(a) There is hereby created in the State Treasury a special revenue account to be known as the West Virginia Agriculture Investment Fund. The fund shall be administered by the Department of Agriculture. The fund shall consist of all moneys that may be appropriated and designated …

(a) The West Virginia Agriculture Investment Program is hereby authorized. The purpose of this program is to attract and support new and expanding agriculture businesses and facilities producing or further developing products made, grown, or processed in West Virginia. (b) The pr…

The commissioner shall propose rules for legislative approval in accordance with §29A-3-1 et seq. of this code. Those rules shall, at a minimum: (1) Identify the types of individuals and entities that are eligible for grants or loans from the program; (2) Provide for the selectio…

For purposes of this article: (1) "Analogue product" means a food product derived by combining processed plant products, insects, or fungus with food additives to approximate the texture, flavor, appearance, or other aesthetic qualities or the chemical characteristics of any spec…

(a) A food product is misbranded: (1) If its labeling is false or misleading in any manner, or fails to otherwise conform with the requirements of this article; (2) If, in the case of a food product to which 21 U.S.C. §343 applies, its advertising is false or misleading in a mate…

(a) The commissioner may propose emergency rules and rules for legislative approval in accordance with the provisions of §29A-3-1 et seq. of this code to implement the provisions of this article, which may include, but are not limited to: (1) Inspection requirements; (2) Any othe…

For purposes of this article: “Acidified food” means as that term is defined in §19-35-2. “Cottage food” means a food item intended for human consumption that is produced and, if packaged, packaged at the residential property of the producer and sold directly to a consumer. The t…

(a) Except as provided in subsection (d) of this section, a person wanting to sell potentially hazardous cottage food shall apply for a potentially hazardous cottage food vendor permit from the department. (b) A potentially hazardous cottage food vendor permit, once issued, is va…

If the local health department in the jurisdiction in which the potentially hazardous cottage food vendor permittee is located has reason to believe that an imminent health hazard exists, the local health department may invoke cessation of production until it deems that the hazar…

The department shall propose emergency or legislative rules for approval in accordance with the provisions of §29A-3-1 et seq. of this code for the purposes of implementing this article, including the setting of any fees.

(a) Notwithstanding any provision of §16-1-1 et seq. of this code or any rules or regulations to the contrary, the department shall regulate potentially hazardous cottage food sold in West Virginia. (b) A home, farm, community, or commercial kitchen may be used by a potentially h…

The production and sale of a nonpotentially hazardous food, when done in conformity with §19-35-6 and the accompanying legislative rules, is not subject to the provisions of this article.