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Home » US Law » 2022 West Virginia Code » Chapter 19. Agriculture » Article 2H. Captive Cervid Farming Act

§19-2H-1. Short Title; Legislative Findings

(a) This article shall be called the Captive Cervid Farming Act. (b) The Legislature finds that captive cervid farming is primarily an agricultural business and that captive cervids should be regulated like other livestock. (c) The Legislature further finds that the Department of Agriculture possesses the knowledge, training and expertise to regulate captive cervid farming […]

§19-2H-11. Prohibited Conduct; Criminal Penalties

(a) A person may not release or permit the release of any captive cervids from a captive cervid farming facility. (b) A person may not cause the entry or introduction of wild cervids into a captive cervid farming facility. (c) An owner may not cease operation of or abandon a captive cervid farming facility without […]

§19-2H-12. Rulemaking

(a) The commissioner shall propose legislative rules in accordance with article three, chapter twenty-nine-a of this code to implement and enforce this article. The rules shall be consistent with the rules of the United States Department of Agriculture in so far as practicable. Any rules promulgated by the commissioner before September 1, 2015, may be […]

§19-2H-2. Definitions

As used in this article: (a) "Biosecurity" means measures, actions or precautions taken to prevent the transmission of disease in, among or between free-ranging and captive cervids. (b) "Captive cervid" or the plural means a member of the Cervidae family of animals including, but not limited to, fallow deer, red deer, white-tailed deer, axis deer, […]

§19-2H-3. Authority of the Department; Duties and Obligations of the Commissioner

(a) The department is hereby granted authority to regulate captive cervid farming facilities in this state in accordance with this article. Subject to the transition provisions contained in this article, no person may operate a captive cervid farming facility in this state unless that person holds a license issued by the commissioner pursuant to this […]

§19-2H-4. Application for License

(a) A person desiring to operate a captive cervid farming facility in this state must submit an application for a license to the department. The department shall provide the forms and instructions for the filing of applications. (b) The application form shall require submission of the following information: (1) The mailing address of the proposed […]

§19-2H-5. Action on Applications

(a) The department shall act on a complete application for a license within sixty days of receipt. The department may issue a provisional license for a proposed facility that has not yet been constructed, but operations shall not begin under a provisional license until the fully constructed facility has been inspected and approved by the […]

§19-2H-7. License Modification

An owner shall apply to the department for a license modification if there is any proposed change in the class of license, cervid species, number of captive cervids or other requirement necessitating an application for modification.

§19-2H-8. Inspection of Facility by the Department

The department shall have access at all reasonable hours to any captive cervid farming facility to conduct inspections, secure samples or specimens or determine whether the owner is in compliance with the requirements of this article. Inspections and sampling shall be conducted in a manner which will not unnecessarily jeopardize the health of the captive […]

§19-2H-9. Transition to Captive Cervid Farming Licenses; Statutory Conflicts

(a) A captive cervid farming facility in existence on the effective date of this article may continue operation under its existing authorization until the department acts on its application so long as the facility applies for a license under this article within sixty days after application forms are made available. (b) Notwithstanding any other provision […]