West Virginia Code 19-12D-3 – Definitions
As used in this article:
Terms Used In West Virginia Code 19-12D-3
- Commissioner: means the commissioner of agriculture of the State of West Virginia and his duly authorized representatives. See West Virginia Code 19-12D-3
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Move: means to ship, offer for shipment, receive for transportation, carry, or otherwise transport, move or allow to be moved. See West Virginia Code 19-12D-3
- Noxious weed: means any living plant, or part thereof, declared by the commissioner, after public hearing, to be detrimental to crops, other desirable plants, waterways, livestock, land or other property, or to be injurious to public health or the economy. See West Virginia Code 19-12D-3
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Regulated article: means any article of any character which is transporting or which is capable of transporting any noxious weed. See West Virginia Code 19-12D-3
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
(a) "Certificate" means a document issued by the commissioner indicating a regulated article is free of noxious weeds.
(b) "Commissioner" means the commissioner of agriculture of the State of West Virginia and his duly authorized representatives.
(c) "Infested" means the establishment of a noxious weed or exposure to such weed in a way creating reasonable certainty that establishment will occur.
(d) "Move" means to ship, offer for shipment, receive for transportation, carry, or otherwise transport, move or allow to be moved.
(e) "Noxious weed" means any living plant, or part thereof, declared by the commissioner, after public hearing, to be detrimental to crops, other desirable plants, waterways, livestock, land or other property, or to be injurious to public health or the economy.
(f) "Permit" means a document issued by the commissioner to provide for movement of regulated articles to restricted destinations for limited handling, utilization, processing, or for scientific purposes.
(g) "Person" means any individual or combination of individuals, partnership, corporation, company, society, association, firm, or other business entity and each officer, agent or employee thereof; the state and federal government and any department, agency, or subdivision thereof; or any other entity.
(h) "Quarantine" means a legal declaration by the commissioner specifying:
(1) The common and scientific name of the noxious weed.
(2) The articles to be regulated.
(3) The conditions governing movement.
(4) Exemptions.
(i) "Regulated article" means any article of any character which is transporting or which is capable of transporting any noxious weed.
(j) "Reasonable notification" means at least forty-eight hours.