West Virginia Code 19-12D-7 – Prohibited acts; permits; authority to stop sale or delivery
(a) No person shall violate any provision of this law or any rule promulgated thereunder.
Terms Used In West Virginia Code 19-12D-7
- Commissioner: means the commissioner of agriculture of the State of West Virginia and his duly authorized representatives. See West Virginia Code 19-12D-3
- Infested: means the establishment of a noxious weed or exposure to such weed in a way creating reasonable certainty that establishment will occur. See West Virginia Code 19-12D-3
- 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
- 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. See West Virginia Code 19-12D-3
- 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. 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
(b) No person shall move, transport, deliver, ship or offer for shipment into or within this state any noxious weed without first obtaining a permit from the commissioner and such permit shall be issued only after it has been determined that the noxious weed is generally present throughout the state or is for scientific purposes subject to prescribed safeguards: Provided, That the division shall take final action upon all completed permit applications within thirty days of receipt if the application is uncontested, or within ninety days if the application is contested.
(c) The commissioner, in order to prevent the introduction or dissemination of noxious weeds, is hereby authorized to stop delivery, stop sale, seize, destroy, treat, or order returned to the point of origin, at the owner’s expense, any noxious weed, article or substance, whatsoever, if it is being transported or moved within this state, or if it exists on any premises within the state, or if it is being brought into this state from any place outside thereof, if such is found by him or her to be infested with any noxious weed subject to this article.