Terms Used In West Virginia Code > Chapter 4 > Article 10 - Performance Review Act

• Active ingredient: means :

  (A) In the case of pesticides other than a plant regulator, defoliant or desiccant, an ingredient which will prevent, destroy, repel or mitigate insects, nematodes, fungi, rodents, weeds or other pests. See West Virginia Code 19-16A-3

• Adulterated: means when the strength or purity of any pesticide falls below or is in excess of the professed standard or quality as expressed on labeling under which it is sold, or if any substance has been substituted wholly or in part for the article, or if any valuable constituent of the article has been wholly or in part abstracted. See West Virginia Code 19-16A-3
• Agency review: means a review performed on agencies of a department pursuant to the provisions of this article. See West Virginia Code 4-10-3
• 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
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Animal: means all vertebrate and invertebrate species, including, but not limited to, man and other mammals, birds, fish and shell fish. See West Virginia Code 19-16A-3
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Antidote: means the most practical immediate treatment in case of poisoning and includes first-aid treatment. See West Virginia Code 19-16A-3
• Appraisal: A determination of property value.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Bond: means a written instrument guaranteeing that the person bonded shall faithfully fulfill the terms of the contract of purchase and guarantee payment of the purchase price of all livestock purchased by him/her, and made payable to the commissioner for the benefit of persons sustaining loss resulting from the nonpayment of the purchase price or the failure to fulfill the terms of the contract of purchase. See West Virginia Code 19-10B-2
• 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
• Bulk: means materials in nonpackaged form. See West Virginia Code 19-15A-1
• Burnt lime: means a calcined material comprised chiefly of calcium oxide in natural association with lesser amounts of magnesium, and which is capable of slaking with water. See West Virginia Code 19-15A-1
• CBD: means the compound by the same name derived from the hemp variety of the cannabis sativa L. See West Virginia Code 19-12E-3
• Certified applicator: means any person who is certified under this article to use or supervise the use of any restricted use pesticides or general use pesticides for hire. See West Virginia Code 19-16A-3
• Certified public applicator: means a licensed applicator who applies "restricted use pesticides or general use pesticides for hire" as an employee of a state agency, municipal corporation or other governmental agency. See West Virginia Code 19-16A-3
• Commercial applicator: means a certified applicator (whether or not he or she is a private applicator with respect to some uses) who uses or supervises the use of any pesticide which is classified for restricted use for any purpose or on any property other than as defined under the definition of "private applicator". See West Virginia Code 19-16A-3
• Commissioner: means the commissioner of agriculture of the State of West Virginia and duly authorized representatives. See West Virginia Code 19-10B-2
• Commissioner: means the commissioner of agriculture of the State of West Virginia and his duly authorized representatives. See West Virginia Code 19-12D-3
• Commissioner: means the Commissioner of Agriculture or his or her designee. See West Virginia Code 19-12E-3
• 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
• Commissioner: means the commissioner of agriculture of the State of West Virginia and his or her duly authorized representatives. See West Virginia Code 19-16A-3
• Committee: means the Joint Committee on Government Operations. See West Virginia Code 4-10-3
• Compliance review: means a review for compliance with recommendations contained in a previous agency review or regulatory board review conducted pursuant to the provisions of this article and may include further inquiry of other issues as directed by the President, the Speaker, the Legislative Auditor, the committee or the joint standing committee. See West Virginia Code 4-10-3
• Conviction: A judgement of guilt against a criminal defendant.
• Defoliant: means any substance or mixture of substances intended for causing the leaves of foliage to drop from a plant, with or without causing abscission. See West Virginia Code 19-16A-3
• Department: means the departments created within the executive branch, headed by a secretary appointed by the Governor, as authorized by the Code of West Virginia. See West Virginia Code 4-10-3
• Department: means the Department of Agriculture of the State of West Virginia. See West Virginia Code 19-10B-2
• Department: means the West Virginia Department of Agriculture and its employees. See West Virginia Code 19-12E-3
• Department presentation: means a presentation by a department pursuant to the provisions of this article. See West Virginia Code 4-10-3
• Dependent: A person dependent for support upon another.
• Desiccant: means any substance or mixture of substances intended for artificially accelerating the drying of plant tissue. See West Virginia Code 19-16A-3
• Device: means any instrument or contrivance (other than a firearm) intended for trapping, destroying, repelling or mitigating insects or rodents or destroying, repelling or mitigating fungi, nematodes or such other pests as may be designated by the commissioner, but not including treated wood products or equipment used for the application of pesticides when sold separately therefrom. See West Virginia Code 19-16A-3
• Direct supervision: means that unless otherwise prescribed by its labeling, a pesticide shall be considered to be applied under the direct supervision of a certified applicator if it is applied by a competent person acting under the verifiable instructions and control of a certified applicator who is available when needed, even though such certified applicator is not physically present at the time and place the pesticide is applied. See West Virginia Code 19-16A-3
• Distributor: means any person who sells or offers for sale agricultural liming products that are registered pursuant to this article, but does not include persons who retail registered products in nonbulk form to the ultimate consumer. See West Virginia Code 19-15A-1
• Division: means the Performance Evaluation and Research Division, the Post Audit Division, or any division of the Legislative Auditor&rsquo. See West Virginia Code 4-10-3
• Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) ^{Source: OCC}
• Embargo: means an order prohibiting the sale, processing, mixing, transporting and use of any product. See West Virginia Code 19-15A-1
• Environment: includes water, air, land and all plants and man and other animals living therein, and the interrelationships which exist among these. See West Virginia Code 19-16A-3
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Fiduciary: A trustee, executor, or administrator.
• Fineness: means the percentage by weight of the material which will pass U. See West Virginia Code 19-15A-1
• Fraud: Intentional deception resulting in injury to another.
• Fungicide: means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any fungi or plant disease. See West Virginia Code 19-16A-3
• Fungus: means any nonchlorophyll-bearing thallophytes (that is, any nonchlorophyll-bearing plant of a lower order than mosses and liverworts), as, for example, rust, smut, mildew, mold, yeast, bacteria and virus, except those on or in living man or other animals and except those on or in processed food, beverages or pharmaceuticals. See West Virginia Code 19-16A-3
• Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
• Handling: means possessing or storing hemp plants for any period of time on premises owned, operated, or controlled by a person licensed to cultivate or process hemp. See West Virginia Code 19-12E-3
• Hemp products: means all products derived from, or made by, processing hemp plants or plant parts, that are prepared in a form available for commercial sale. See West Virginia Code 19-12E-3
• Herbicide: means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any weed. See West Virginia Code 19-16A-3
• in writing: includes any representation of words, letters, or figures, whether by printing, engraving, writing, or otherwise. See West Virginia Code 2-2-10
• industrial hemp: means all parts and varieties of the plant Cannabis sativa L. See West Virginia Code 19-12E-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
• Ingredient statement: means a statement of the name of each active ingredient, together with the name of each and total percentage of the inert ingredients, if any, in the pesticide, and in case the pesticide contains arsenic in any form, a statement of the percentages of total and water soluble arsenic, each calculated as elemental arsenic. See West Virginia Code 19-16A-3
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Insect: means any of the numerous small invertebrate animals generally having the body more or less obviously segmented, for the most part belonging to the class insecta, comprising six-legged, either winged or wingless forms, as, for example, beetles, bugs, bees, flies, aphids and termites, and to other allied classes of arthropods whose members are wingless and usually have more than six legs, as, for example, spiders, mites, ticks, centipedes and wood lice. See West Virginia Code 19-16A-3
• Insecticide: means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any insects which may be present in any environment whatsoever. See West Virginia Code 19-16A-3
• Joint standing committee: means the joint standing committee on Government Organization. See West Virginia Code 4-10-3
• Label: means any written or printed matter on or attached to the package or on the delivery ticket which accompanies bulk shipments. See West Virginia Code 19-15A-1
• Label: means the written, printed or graphic matter on, or attached to, the pesticide or device, or the immediate container thereof, and the outside container or wrapper of the retail package, if any there be, of the pesticide or device. See West Virginia Code 19-16A-3
• Labeling: means all labels and other written, printed, graphic matter or advertising:

  (A) Upon the pesticide or device or any of its containers or wrappers. See West Virginia Code 19-16A-3

• Land: means all land and water areas, including airspace and all plants, animals, structures, buildings, contrivances and machinery, appurtenant thereto or situated thereon, fixed or mobile, including any used for transportation. See West Virginia Code 19-16A-3
• Licensee: means an individual or business entity possessing a license issued by the Department to grow, handle, cultivate, or process hemp. See West Virginia Code 19-12E-3
• Livestock: means cattle, horses, swine, sheep, goats or any other animal of the bovine, equine, porcine, ovine or caprine specie, and domestic poultry. See West Virginia Code 19-10B-2
• Livestock dealer: means a person other than a livestock producer who buys, receives or assembles livestock for resale, either for his/her own account or that of another person. See West Virginia Code 19-10B-2
• Livestock producer: means a person selling livestock which he/she has raised or livestock which he/she has additionally purchased and summered or wintered. See West Virginia Code 19-10B-2
• Marijuana: means all plant material from the genus cannabis containing more than one percent tetrahydrocannabinol or seeds of the genus capable of germination. See West Virginia Code 19-12E-3
• Misbranded: means any pesticide or device if its labeling bears any statement, design or graphic representation relative thereto or to its ingredients which is false or misleading in any particular. See West Virginia Code 19-16A-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
• Nematocide: means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating nematodes. See West Virginia Code 19-16A-3
• Nematode: means invertebrate animals of the phylum nemathelminthes and class nematoda, that is, unsegmented round worms with elongated, fusiform or sac like bodies covered with cuticle and inhabiting soil, water, plants or plant parts. See West Virginia Code 19-16A-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
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Offense: includes every act or omission for which a fine, forfeiture, or punishment is imposed by law. See West Virginia Code 2-2-10
• 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.
• 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
• Permit: means a written certificate, issued by the commissioner authorizing the use of certain restricted use pesticides or state restricted use pesticides. See West Virginia Code 19-16A-3
• Person: means an individual, partnership, corporation, association or other legal entity. See West Virginia Code 19-10B-2
• 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
• Person: means any individual, partnership, association, fiduciary, firm, corporation or any organized group of persons whether incorporated or not. See West Virginia Code 19-15A-1
• Person: means any individual, partnership, association, fiduciary, corporation or any organized group of persons whether incorporated or not. See West Virginia Code 19-16A-3
• Pest: means any insect, rodent, nematode, fungus, weed or any other form of terrestrial or aquatic plant or animal life or virus, bacteria or other microorganism (except viruses, bacteria or other microorganisms on or in living man or other living animals) which is declared to be a pest by the commissioner. See West Virginia Code 19-16A-3
• Pesticide: means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any undesirable insects, rodents, nematodes, fungi, weeds and other forms of plant or animal life or viruses, except viruses on or in living man or other animals or which the commissioner may declare to be a pest and any substance or mixture of substances intended for use as a plant regulator, defoliant, desiccant or herbicide. See West Virginia Code 19-16A-3
• Pesticide application business: means any person who owns or manages a pesticide application business which is engaged in the business of applying pesticides upon the lands of another (whether such person applies restricted use pesticides or other pesticides) and means each place for which the business of applying pesticides for hire is carried on, including a branch office, franchise location, suboffice or worker location of a larger business entity. See West Virginia Code 19-16A-3
• Pesticide business: means any person engaged in the business of distributing, applying or recommending the use of a product, storing, selling or offering for sale pesticides for distribution to the user. See West Virginia Code 19-16A-3
• Petit jury: A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons.
• Plant regulator: means any substance or mixture of substances, intended, through physiological action, for accelerating or retarding the rate of growth or rate of maturation or for otherwise altering the behavior of ornamental or crop plants or the produce thereof, but does not include substances to the extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants or soil amendments. See West Virginia Code 19-16A-3
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Private applicator: means a certified applicator who uses or supervises the use of any pesticide which is classified for restricted use for purposes of producing any agricultural commodity on property owned or rented by him or her or his or her employer or if applied without compensation other than trading of personal services between producers of agricultural commodities on property of another person. See West Virginia Code 19-16A-3
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Processing: means converting an agricultural commodity into a marketable form. See West Virginia Code 19-12E-3
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Quarantine: means a legal declaration by the commissioner specifying:

  (1) The common and scientific name of the noxious weed. See West Virginia Code 19-12D-3

• Reasonable notification: means at least forty-eight hours. See West Virginia Code 19-12D-3
• Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
• Registered technician: means an individual who renders services similar to those of a certified commercial applicator, but who has not completed all the training or time in service requirements to be eligible for examination as a commercial applicator and is limited to application of general use pesticides. See West Virginia Code 19-16A-3
• 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
• Registrant: means the person registering any pesticide pursuant to the provisions of this article. See West Virginia Code 19-16A-3
• 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
• Regulatory Board: means a board that regulates professions and occupations, created under the provisions of chapter thirty of this code. See West Virginia Code 4-10-3
• Regulatory Board Review: means a review performed on a regulatory board pursuant to the provisions of this article. See West Virginia Code 4-10-3
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Restricted use pesticide: means any pesticide classified for restricted use by the administrator, United States environmental protection agency or any pesticide declared to be state restricted by the commissioner. See West Virginia Code 19-16A-3
• Rodenticide: means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any undesirable rodents or any other vertebrate animals or others which the commissioner may declare to be a pest. See West Virginia Code 19-16A-3
• Serious violation: means a violation of this article or rule promulgated by the commissioner where there is a substantial probability that death or serious physical harm to persons, serious harm to property or serious harm to the environment could have resulted from the violation unless the person or licensee did not or could not with the exercise of reasonable diligence know of the violation. See West Virginia Code 19-16A-3
• state agency: means a state governmental entity, including any bureau, department, division, commission, agency, committee, office, board, authority, subdivision, program, council, advisory body, cabinet, panel, system, task force, fund, compact, institution, survey, position, coalition or other entity in the State of West Virginia. See West Virginia Code 4-10-3
• Subpoena: A command to a witness to appear and give testimony.
• THC: means tetrahydrocannabinol. See West Virginia Code 19-12E-3
• Town: includes a city, village or town, and the word "council" any body or board, whether composed of one or more branches, which is authorized to make ordinances for the government of a city, town, or village. See West Virginia Code 2-2-10
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Trustee: A person or institution holding and administering property in trust.
• Type: means the designation given to the product from its source material. See West Virginia Code 19-15A-1
• Unreasonable adverse effects on the environment: means any unreasonable risk to man or the environment, taking into account the economic, social and environmental costs and benefits of the use of any pesticide. See West Virginia Code 19-16A-3
• Weed: means any plant which grows where not wanted. See West Virginia Code 19-16A-3
• Weight: means the weight of undried liming material as offered for sale. See West Virginia Code 19-15A-1
• Wildlife: means all living things that are neither human, domesticated nor, as defined in this article, pests, including, but not limited to, mammals, birds and aquatic life. See West Virginia Code 19-16A-3