Current through Register Vol. XLI, No. 50, December 13, 2024
Section 61-11-2 - Definitions Of Words And Terms2.1. The following words and terms have the following meanings: 2.1.1. "Commissioner," as defined in the law, is the Commissioner of Agriculture of the State of West Virginia or his authorized agent.2.1.2. "Department" means the West Virginia Department of Agriculture.2.1.3. "Feeding and Breeding Purposes" means any livestock received, sold, offered or exposed for sale for purposes other than immediate slaughter.2.1.4. "Grade" means the standards used to grade and classify livestock in West Virginia shall be the same as those established by the United States Department of Agriculture or that might be established by the Commissioner.2.1.5. "Immediate Slaughter" means livestock purchased by persons, firms or corporations engaged in shipping direct from the market to terminal markets or slaughtering places. Livestock purchased for immediate slaughter shall not be returned to farms.2.1.6. "Person," as defined in the law, includes any individual, partnership, corporation or association.2.1.7. "Product" means any livestock, poultry and other agricultural or horticultural products.2.1.8. "Livestock Technician" means a livestock inspector or other person in the employ of the department and approved by the Commissioner to carry out the provisions of this rule.2.1.9. "Public Market" as defined in the law is: (1) Any place of business where livestock, poultry or other agricultural or horticultural products are received and sold at public auction or, (2) any place where livestock is received from producers, assembled and sold or offered for sale, by any method including, but not limited to, public auction. The term public market shall include all such places where such activities are conducted, whether or not such activities are performed according to a scheduled routine or a historically established pattern of days and times: Provided, That sales totally sponsored, organized and financed by the State of West Virginia or by any state, regional or county agricultural fair or festival, or by any 4-H, FFA or other educational activity, shall not be included in this definition. Annual sales held by nonprofit associations or nonprofit corporations devoted to improving the quality of beef cattle raised in this state where the net proceeds from such sales are used exclusively for the association or corporation conducting such sale, or purebred livestock sales conducted by generally recognized breed associations, shall not be subject to the provisions of sections eight and sixteen-a of this article: Provided, however, That only members in good standing in such nonprofit associations or nonprofit corporations or such breed associations shall offer cattle for sale at such annual sale and the bylaws of such association or corporation or such breed association shall provide either for a bond to be given as provided in this article or that each member offering stock at such sale shall bear any loss in proportion to the value of each member's stock to the total value of such stock being sold at such sale.2.1.10. "Veterinarian" means the State Veterinarian, any accredited veterinarian employed by the Commissioner, and/or any individual designated as an agent of the veterinarian.2.1.11. "Bond" means a bond conditioned as the commissioner may require and acceptable to him, payable to the State of West Virginia, for the benefit of the consignors at a public market of livestock, poultry, and other agricultural and horticultural products, who have been wronged or damaged by any fraud or fraudulent practices of the market and so adjudged by a court of competent furisdiction and who shall have the right of action for damage for compensation against such bond. The form of the bond shall be approved by the commissioner and may include, at the option of the applicant, surety bonding, collateral bonding (including costs and securities), establishment of an escrow account or a combination of these methods. If colateral bonding is used, the operator may elect to deposit cash, or collateral securities or certificates as follows: Bonds of the United States or its possessions, of the federal land bank, or of the homeowners' loan corporation; full faith and credit general obligation bonds of the State of West Virginia; or other states, and of any county, district or municipality of the State of West Virginia or other states; or certificates of deposit in a bank in this state, which certificates shall be in favor of the department. The cash deposit or market value of such securities or certificates shall be equal to or greater than the sum of the bond. It shall be the duty of the applicant to insure the market value of such bonds are sufficient. The commissioner shall, upon receipt of any such deposit of cash, securities or certificates, promptly place the same with the treasurer of the State of West Virginia whose duty it shall be to receive and hold the same in the name of the state in trust for the purpose for which the deposit is made when the permit is issued. The applicant making the deposit is made when the permit is issued. The applicant making the deposit shall be entitled from time to time to receive from the state treasurer, upon the written approval of the commissioner, the whole or any portion of any cash, securities or certificates so deposited, upon depositing with him in lieu therefore, cash or other securities or certificates of the classes herein specified having value equal to or greater than the sum of the bond.