West Virginia Code
1 - DEPARTMENT OF AGRICULTURE
1A - DIVISION OF FORESTRY
1B - SEDIMENT CONTROL DURING COMMER
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
32 - AQUACULTURE DEVELOPMENT
33 - EQUINE RESCUE FACILITIES ACT
34 - DANGEROUS WILD ANIMALS ACT
35 - FARMERS MARKETS
CHAPTER 19. AGRICULTURE.
ARTICLE 1C. CARE OF LIVESTOCK.
(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 raised food; and
(4) Protecting West Virginia farms and families.
(b) Therefore, to protect the public interest, the Legislature finds that it is necessary to create a Livestock Care Standards Board.
For the purposes of this article:
(1) "Board" means the Livestock Care Standards Board.
(2) "Livestock" has the same definition as set out in subsection (d), section two, article ten-b of this chapter.
(a) On July 1, 2010, there is hereby created the Livestock Care Standards Board.
(b) Prior to July 1, 2010, the Governor shall appoint, by and with the advice and consent of the Senate, the following eleven members:
(1) One member who is a veterinarian licensed in this state engaging in large animal practice, for a term of two years;
(2) The dean of the agriculture department of a college or university located in this state, for a term of three years;
(3) One member representing a county humane society that is organized under state law, for a term of four years;
(4) One member who is knowledgeable about food safety in this state, for a term of five years;
(5) Two members of the public representing West Virginia consumers, one for a term of two years and one for a term of four years;
(6) Two members representing state agricultural organizations that represent farmers, one of whom must be a member of the largest organization in the state representing farmers for a term of three years, and the other must be a member of a statewide livestock organization, for a term of five years; and
(7) Three members representing family farms engaged in animal production, at least two of whom are family farmers, for the following terms: one for three years, one for four years and one for five years.
(c) After the initial appointment terms, the appointment term is five years. Appointed members may be reappointed for additional terms.
(d) Commencing July 1, 2010, the board consists of the following thirteen members:
(1) The Commissioner of the Department of Agriculture or his or her designee, ex officio non-voting, who is the chairperson of the board;
(2) The Director of the Animal Health Division, ex officio non-voting;
(3) One member who is a veterinarian licensed in this state engaging in large animal practice;
(4) The dean of the agriculture department of a college or university located in this state;
(5) One member representing a county humane society that is organized under state law;
(6) One member who is knowledgeable about food safety in this state;
(7) Two members of the public representing West Virginia consumers;
(8) Two members representing state agricultural organizations that represent farmers, one of whom must be a member of the largest organization in the state representing farmers, and the other must be a member of a statewide livestock organization; and
(9) Three members representing family farms engaged in animal production, at least two of whom are family farmers.
(e) All members must be residents of this state during their terms. No more than seven members of the board may be of the same political party and no more than five may be from the same congressional district at any given time.
(f) All appointed members serve until their successor has been appointed and qualified. Vacancies shall be filled in the same manner as the original appointment for the remainder of the unexpired term.
(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 board is also authorized to establish standards by legislative rule, pursuant to the provisions of article three, chapter twenty-nine-a of this code, governing the care and well-being of livestock in this state, including:
(1) The agricultural best management practices for the care and well-being of livestock and poultry in this state;
(2) Procedures for addressing complaints regarding the inhumane treatment of livestock and coordinating efforts with county humane officers;
(3) Biosecurity, disease prevention, animal morbidity and mortality data;
(4) Food safety practices; and
(5) The protection of local, affordable food supplies for consumers.
(c) The Department of Agriculture shall administer and enforce the standards established by the board that are approved by the Legislature.
(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 amount paid to members of the Legislature for their interim duties as recommended by the Citizens Legislative Compensation Commission and authorized by law.
(c) Each member of the board shall be reimbursed actual and necessary expenses incurred for each day or portion of a day engaged in the discharge of official duties in a manner consistent with the West Virginia Department of Agriculture Travel Policy and Procedure.
The board shall meet at least annually, and the chairperson may call additional meetings of the board upon the written request of three members.