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Chapter 19     Entire Code


ARTICLE 1. DEPARTMENT OF AGRICULTURE.

ARTICLE 1A. DIVISION OF FORESTRY.

ARTICLE 1B. SEDIMENT CONTROL DURING COMMERCIAL TIMBER HARVESTING OPERATIONS.

ARTICLE 1C. CARE OF LIVESTOCK.

ARTICLE 2. MARKETING AGRICULTURAL PRODUCTS.

ARTICLE 2A. PUBLIC MARKETS.

ARTICLE 2B. INSPECTION OF MEAT AND POULTRY.

ARTICLE 2C. AUCTIONEERS.

ARTICLE 2D. IMITATION HONEY PRODUCT LAW.

ARTICLE 2E. HUMANE SLAUGHTER OF LIVESTOCK.

ARTICLE 2F. BEEF INDUSTRY SELF-IMPROVEMENT ASSESSMENT PROGRAM.

ARTICLE 2G. TREE FRUIT INDUSTRY SELF-IMPROVEMENT BOARD.

ARTICLE 2H. CAPTIVE CERVID FARMING ACT.

ARTICLE 3. SALE OF FARM PRODUCTS BY COMMISSION MERCHANTS.

ARTICLE 4. COOPERATIVE ASSOCIATIONS.

ARTICLE 5. GRADING AND PACKING OF FRUITS AND VEGETABLES.

ARTICLE 5A. CONTROLLED ATMOSPHERE STORAGE OF FRESH FRUITS AND VEGETABLES.

ARTICLE 6. DEMONSTRATION PACKINGHOUSES AND SIMILAR PLANTS.

ARTICLE 7. STATE AID FOR FAIRS.

ARTICLE 8. COOPERATIVE EXTENSION WORKERS.

ARTICLE 9. DISEASES AMONG DOMESTIC ANIMALS.

ARTICLE 9A. FEEDING OF UNTREATED GARBAGE TO SWINE.

ARTICLE 10. MALE BREEDING ANIMALS.

ARTICLE 10A. THE WEST VIRGINIA EGG MARKETING LAW OF 1998.

ARTICLE 10B. LIVESTOCK DEALER\'S LICENSING ACT.

ARTICLE 11. BULK MILK TRADE LAW.

ARTICLE 11A. DAIRY PRODUCTS AND IMITATION DAIRY PRODUCTS LAW.

ARTICLE 11B. FROZEN DESSERTS AND IMITATION FROZEN DESSERTS LAW.

ARTICLE 11C. SOUTHERN DAIRY COMPACT.

ARTICLE 11D. TRADITIONAL CHEESE PRODUCTION.

ARTICLE 11E. Milk and milk products.

ARTICLE 12. INSECT PESTS, PLANT DISEASES AND NOXIOUS WEEDS.

ARTICLE 12A. LAND DIVISION.

ARTICLE 12B. INTERSTATE COMPACT ON PEST CONTROL.

ARTICLE 12C. INTERAGENCY COMMITTEE ON PESTICIDES.

ARTICLE 12D. WEST VIRGINIA NOXIOUS WEED ACT.

ARTICLE 12E. INDUSTRIAL HEMP DEVELOPMENT ACT.

ARTICLE 13. INSPECTION AND PROTECTION OF AGRICULTURE.

ARTICLE 14. WEST VIRGINIA COMMERCIAL FEED LAW.

ARTICLE 15. WEST VIRGINIA FERTILIZER LAW.

ARTICLE 15A. WEST VIRGINIA AGRICULTURAL LIMING MATERIALS LAW.

ARTICLE 16. WEST VIRGINIA SEED LAW.

ARTICLE 16A. WEST VIRGINIA PESTICIDE CONTROL ACT.

ARTICLE 16B. WEST VIRGINIA PESTICIDE USE AND APPLICATION ACT.

ARTICLE 17. FENCES.

ARTICLE 19. PRESERVATION OF AGRICULTURAL PRODUCTION.

ARTICLE 20. DOGS AND CATS.

ARTICLE 20A. VACCINATION OF DOGS AND CATS FOR RABIES.

ARTICLE 20B. SPAYING OR NEUTERING OF DOGS AND CATS.

ARTICLE 20C. WEST VIRGINIA SPAY NEUTER ASSISTANCE PROGRAM.

ARTICLE 20D. PRIVATE CAUSE OF ACTION FOR THE HUMANE DESTRUCTION OF A DOG.

ARTICLE 21. DRAINAGE DISTRICTS.

ARTICLE 21A. CONSERVATION DISTRICTS.

ARTICLE 21B. WATERSHED IMPROVEMENT DISTRICTS.

ARTICLE 22. VINEGARS.

ARTICLE 23. HORSE AND DOG RACING.

ARTICLE 24. INTERSTATE COMPACT ON LICENSURE OF PARTICIPANTS IN LIVE HORSE RACING WITH PARI-MUTUEL WAGERING.

ARTICLE 25. LIMITING LIABILITY OF LANDOWNERS.

ARTICLE 26. GENERAL JOHN MCCAUSLAND MEMORIAL FARM.

ARTICLE 27. WEST VIRGINIA STATE FARM MUSEUM.

ARTICLE 28. VITAMIN AND MINERAL ENRICHMENT OF FLOUR AND BREAD.

ARTICLE 29. PRODUCTION OF NONTRADITIONAL AGRICULTURE PRODUCTS.

ARTICLE 30. DONATED FOOD.

ARTICLE 31. GUS R. DOUGLASS AGRICULTURAL CENTER AT GUTHRIE.

ARTICLE 32. AQUACULTURE DEVELOPMENT.

ARTICLE 33. EQUINE RESCUE FACILITIES ACT.

ARTICLE 34. DANGEROUS WILD ANIMALS ACT.

ARTICLE 35. FARMERS MARKETS.

ARTICLE 36. AGRITOURISM RESPONSIBILITY ACT.

ARTICLE 37. West VIRGINIA FRESH FOOD ACT.

ARTICLE 18. GENERAL STOCK LAW.

§19-18-1. Livestock trespassing on property of another; damages for injuries to person or property; notice to livestock owner; containment of livestock; costs for containment.

(a) If livestock enters the property of a landowner without that landowner's consent, the owner of the livestock is liable for damages for personal injury or property damage in a civil action in magistrate or circuit court.

(b) The landowner must attempt to contact the owner of the trespassing livestock within forty-eight hours of the trespass. If the owner cannot be contacted within forty-eight hours, the landowner shall notify the county sheriff.

(c) The landowner may contain the trespassing livestock on his or her property, but is not required to do so. If the landowner is able to contact the owner of the trespassing livestock pursuant to subsection (a) of this section, he or she shall also inform the owner of the costs of containment.

(d) The owner of the trespassing livestock and the landowner shall attempt to mutually agree upon a fair cost for any containment. A fair cost for containment is an amount which would be allowed for the sheriff for containing similar livestock. If the negotiation fails, or if the landowner is not otherwise reimbursed for the costs for containment, the landowner may seek monetary damages in a civil action for these costs.

§19-18-2. Unclaimed livestock; containment by sheriff; sheriff's sale at public auction.

(a) If the owner of trespassing livestock cannot be determined, or if the trespassing livestock has not been recovered within ten days of notifying the owner, the county sheriff shall take possession of the trespassing livestock.

(b) The county sheriff may return the livestock to its owner and seek reimbursement for containment costs. If attempts to return the livestock to the owner fail, the sheriff may, after publishing notice as a Class I legal advertisement, sell the livestock to the highest bidder at a public livestock auction.

(c) The proceeds of the livestock sale shall be distributed in the following order:

(1) Costs incident to the sale;

(2) Costs of containment incurred by the sheriff and the landowner;

(3) Any remaining amount to the owner of the trespassing livestock; and

(4) If the owner is unknown or does not claim the amount remaining within ninety days, that amount shall be deposited into the county treasury.

§19-18-3. Criminal penalties for trespassing livestock.

(a) While livestock may escape enclosures due to accident or unforeseen circumstances, it is unlawful for the owner of livestock to negligently permit livestock to run at large and trespass on the property of other landowners.

(b) If livestock injures a person or destroys the property of another person while negligently trespassing, the owner of the livestock shall be given an oral or written warning for the first offense. For a second offense within six months of the first, the owner is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $50 nor more than $100. For a third or subsequent offense within six months of the second or subsequent offense, the owner is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100 nor more than $1,000.

§19-18-4.

Repealed.

Acts, 2013 Reg. Sess., Ch. 124.

§19-18-5.

Repealed.

Acts, 2013 Reg. Sess., Ch. 124.

§19-18-6.

Repealed.

Acts, 2013 Reg. Sess., Ch. 124.

§19-18-7.

Repealed.

Acts, 2013 Reg. Sess., Ch. 124.

§19-18-8.

Repealed.

Acts, 2013 Reg. Sess., Ch. 124.

§19-18-9.

Repealed.

Acts, 2013 Reg. Sess., Ch. 124.

§19-18-10.

Repealed.

Acts, 2013 Reg. Sess., Ch. 124.

§19-18-11.

Repealed.

Acts, 2013 Reg. Sess., Ch. 124.

§19-18-12.

Repealed.

Acts, 2013 Reg. Sess., Ch. 124.

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