West Virginia Code 19-15A-6 – Embargo; suspension or cancellation of registration; seizure of materials
(a) The commissioner may suspend or cancel the registration of any brand of agricultural liming material and may refuse the application for registration of any brand of agricultural liming material upon being presented satisfactory evidence that the registrant has used false, fraudulent or deceptive practices in the evasion or attempted evasion of the provisions of this article or any related rule: Provided, That no registration shall be suspended, revoked or refused until the registrant has been given an opportunity to appear for a hearing before the commissioner.
Terms Used In West Virginia Code 19-15A-6
- Agricultural liming material: means a product that contains calcium and magnesium carbonate, hydroxide or oxide which are capable of neutralizing soil acidity. See West Virginia Code 19-15A-1
- Brand: means the term, designation, trademark, product name or other specific designation under which individual agricultural liming materials are offered for sale. See West Virginia Code 19-15A-1
- Commissioner: means the Commissioner of Agriculture of the State of West Virginia or his or her duly authorized agent. See West Virginia Code 19-15A-1
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Embargo: means an order prohibiting the sale, processing, mixing, transporting and use of any product. See West Virginia Code 19-15A-1
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- in writing: includes any representation of words, letters, or figures, whether by printing, engraving, writing, or otherwise. See West Virginia Code 2-2-10
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Laws of the state: includes the Constitution of the State of West Virginia and the Constitution of the United States, and treaties and laws made in pursuance thereof. See West Virginia Code 2-2-10
- Registrant: is a person who registers agricultural liming materials by product and is responsible for the guarantee of the product. See West Virginia Code 19-15A-1
(b) The commissioner may issue an embargo order to the owner or custodian of any lot of agricultural liming material when he or she finds said agricultural liming material is being offered or exposed for sale in violation of any of the provisions of this article or related rule. The order shall remain in effect until it has been rescinded in writing by the commissioner: Provided, That the commissioner may not rescind any embargo order until the requirements of this article have been complied with and all related costs and expenses have been paid.
(c) Any agricultural liming material found to be in violation of the provisions of this article is subject to seizure on complaint of the commissioner to a court of competent jurisdiction in the county in which such agricultural liming material is located. If the court orders the condemnation of such material it shall be disposed of in a manner consistent with the quality of the agricultural liming material and the laws of the state. The court may not order the disposition of agricultural liming material without first giving the owner or custodian an opportunity to apply to the court for release of the agricultural liming material or for permission to process or relabel the agricultural liming material to bring it in compliance with this article.