§19-12D-1. Title
This article shall be known by the short title of "The West Virginia Noxious Weed Act of 1976."
§19-12D-10. Review of Actions of Commissioner
Any person aggrieved by any action of the commissioner may obtain a review thereof by filing in a court of competent jurisdiction, within thirty days of notice of the action, a written petition praying that the action of the commissioner be enjoined or set aside. A copy of such petition shall forthwith be delivered to […]
§19-12D-11. Penalties
Any person violating any of the provisions of this article, or the rules and regulations adopted thereunder, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than $10 nor more than $100. It shall be the duty of the prosecuting attorney of the county in which the violation […]
§19-12D-12. Importation or Sale of Multiflora Rose Unlawful
Notwithstanding any other provisions of this code to the contrary, it is unlawful for any person, firm or corporation to import or otherwise bring or move into this state or sell or offer or expose for sale or have in possession with intent to sell or offer or expose for sale in this state the […]
§19-12D-2. Declaration of Purpose; Legislative Findings
The purpose of this article is to provide for the suppression or control of noxious weeds which have proven to be or which scientific evidence indicates may become detrimental factors affecting the public health or economy of the state. The Legislature finds that certain plant species may spread to the extent they become detrimental to […]
§19-12D-3. Definitions
As used in this article: (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 […]
§19-12D-4. Administration of Article; Promulgation of Regulations
(a) The commissioner shall administer and enforce the provisions of this article and shall have authority to issue regulations after a public hearing following due notice to all interested persons in conformance with the provisions of the state administrative procedures set forth in chapter twenty-nine- a of this code. (b) In issuing such regulations, the […]
§19-12D-5. Surveys for Noxious Weeds; Multiflora Rose
(a) The commissioner shall make surveys for noxious weeds and when it is determined that an infestation exists within the state he may, by regulation after public hearing held in accordance with procedures set forth in chapter twenty-nine-a of this code, declare the weed to be noxious. (b) Multiflora rose, Rosa multiflora, is a detriment […]
§19-12D-6. Quarantines
When a plant is declared to be noxious under section five of this article, the commissioner shall, subsequent to the declaration of a quarantine, limit the application of rules and regulations pertinent to such quarantine to the infested portion of the state and appropriate environs, which would be known as the regulated area and may, […]
§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. (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 […]
§19-12D-8. Cooperation With Federal and State Agencies; Drug Producing Plants Declared Noxious; Establishment of Program for Eradication of Multiflora Rose
(a) The commissioner is authorized to cooperate in any way with any person in order to prevent the establishment of noxious weeds in this state. (b) The commissioner is authorized to cooperate in any way with any person in programs designed to suppress or control noxious weeds already widely distributed in the state without first […]
§19-12D-9. Right of Entry
To effectuate the purpose of this article, the commissioner is hereby invested with authority to enter upon any public or private premises, except private residences, and the curtilage thereof, at reasonable times, after reasonable notification to the owner and tenant or agent in order to examine and sample all plants and trees, soil, articles, and […]