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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 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 18. GENERAL STOCK LAW.

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 7. STATE AID FOR FAIRS.

§19-7-1. Amount of state aid for fairs and festivals.

For the purpose of encouraging agriculture, any agricultural or industrial association, organization or individual conforming to the requirements of this article and the rules promulgated pursuant to this article may receive from the State of West Virginia an amount not to exceed 20,000.

§19-7-2. State aid where more than one fair, festival or event in county.

When more than one association, organization or individual holding a fair, festival or event in a county is eligible to receive the benefits pursuant to this article, the county associations, organizations or individuals are eligible to receive from the state a sum not exceeding in the aggregate $50,000 to be apportioned among the associations, organizations or individuals.

§19-7-3.

Repealed.

Acts, 2001 Reg. Sess., Ch. 129.

§19-7-4. When fairs, festivals and events are entitled to state aid.

(a) Associations, organizations or individuals purchasing or leasing the grounds and buildings of an agricultural or industrial association, organization or individual entitled to the benefits of this article are also entitled to the benefits set forth in this article.

(b) Other agricultural and industrial associations not entitled to aid under the provisions of this article may receive aid from the State of West Virginia, if funds are available, when, in the judgment of the commissioner of agriculture, the exhibitions are in the interest of the agricultural or the industrial development of the state.

(c) The commissioner of agriculture may assist in the promotion and operation of an annual state fair and 4-H regional fairs and, when funds are available, to expend those funds for their support and development.

§19-7-5.

Repealed.

Acts, 2001 Reg. Sess., Ch. 129.

§19-7-6.

Repealed.

Acts, 2001 Reg. Sess., Ch. 129.

§19-7-7.

Repealed.

Acts, 2001 Reg. Sess., Ch. 129.

§19-7-8. Gambling devices and immoral shows prohibited; forfeiture of right to state aid; horse racing exempted.

No association, organization or individual which is the recipient of state aid under this article may operate or permit to be operated in conjunction with the fair, festival or event any gambling device or any indecent or immoral show. Any association, organization or individual violating the provisions of this section shall forfeit all eligibility for state aid for a period of three years. This section, however, may not be construed to prevent horse racing or horse shows at any fair receiving state aid.

§19-7-9. State fair of West Virginia; ex officio members of board of directors; appropriations; authority to propose rules.

(a) The corporation formerly known as "Greenbrier Valley fair" is designated "the state fair of West Virginia"; with the exclusive right to the use of that designation.

(b) The Governor and commissioner of agriculture are ex officio members of the board of directors of the fair association for the purpose of protecting the interests of the state in the awarding of premiums and in the arrangement of the agriculture and other exhibits.

(c) The provisions of this section may not alter, change or alienate the rights of any other association, organization or individual entitled to benefits under the provisions of this article, except as to the use of the name designated in subsection (a) of this section.

(d) For the purpose of encouraging agriculture and industry, the state fair of West Virginia is not limited to the appropriations authorized by section one of this article. Nothing contained in this article may be construed or interpreted to prevent the state fair of West Virginia from receiving the benefit of any sum specifically appropriated for its use by the Legislature to pay awards and exhibition expenses.

§19-7-10. Appropriations specifically made available for designated exhibitions.

For the purpose of encouraging agriculture, forestry and industries related thereto and the development and progress of the state, and when appropriations are specifically set out in the budget bill by the Legislature for any state, county or local exhibition or community development, when the exhibition or community development is held in the interest of the public and substantially supported financially by an association or corporation not operated for profit, the commissioner of agriculture may expend any moneys for those purposes and nothing contained in this article may be construed or interpreted to prevent the commissioner from paying awards to exhibitors and expenses in connection with the operation of the exhibition.

The commissioner of agriculture may pay premiums, awards and provide monetary assistance to the exhibitors at county, community and state fairs, festivals or events of any agricultural or horticultural products when appropriations are specifically made available for specific events or organizations.

§19-7-11. Determination of eligibility; legislative rules.

(a) The commissioner shall administer the provisions of this article and shall determine the eligibility of an association, organization or individual to receive state aid described in this article in accordance with the provisions of subsection (b) of this section.

(b) The commissioner of agriculture shall propose legislative rules for promulgation pursuant to the provisions of article three, chapter twenty-nine-a of this code. The rules shall provide for the administration of the provisions of this article and shall provide criteria under which the commissioner is to determine the eligibility of an association, organization or individual to receive state aid under the provisions of this article. Notwithstanding any other provisions of this code to the contrary, until the Legislature has authorized the rules, the commissioner of agriculture may promulgate emergency rules for those purposes pursuant to section fifteen, article three, chapter twenty-nine-a of this code.

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