W. Va. Code R. § 61-11E-2

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 61-11E-2 - Declaration of Policy

2.1 Articles 2 and 2a, Chapter 19, specifically set out certain duties, authorities and responsibilities of the Commissioner of Agriculture, it is my opinion that the Legislature intended that the activites engaged in by a public market were in the interest of the buyer and sellers of livestock and other agricultural and horticultural products and that the granting of a permit to a person, firm, corporation, partnership or association for the operation of a public market was and is for the purpose of performing a public service to the buyers and sellers of such agricultural commodities and to establish permanently a market place for that purpose. It is my interpretation that the act intended that reasonable, adequate and uniform service charges be made and collected by a public market to amply remunerate it for engaging in such activities and for providing adequate facilities to, accommodate the patrons and the public. It is further my opinion that the acts did not intend to, or permit persons, firms, corporations, partnerships or "associations or their management engage in the practice of buying, selling or otherwise trading in the market for profits, in addition to revenues to be derived from fixed service" charges.

2.2 Section 2, Article 2a, Chapter 19, of the Code of West Virginia, provides that all public markets as defined in Section 1, are hereby declared to be affected with a public Interest and subject to regulation by the State as in said Article provided.

2.3 Section 6 provides that all permittees shall pay to the Commissioner a fee of twenty dollars on or before the first day of July of each year.

2.4 Section 8, of said Article, provides that before the granting of any such permit, the applicant shall execute and deliver to the Commissioner a surety bond.

2.5 Section 10, of said Article, provides that it shall be unlawful for any person to serve in the capacity of weighman, grader, or auctioneer unless licensed by the Commissioner, and further provides in Section 5, Article 2, that the Commissioner shall establish and publish a schedule of charges and collect same for grading services. Section 12, of Article 2a, provides that he shall grant licenses to weighmen, graders and auctioneers, suspend or revoke such licenses. Section 13, of said Article, provides that no weighman, grader or auctioneer licensed in accordance with the provisions of the law shall be permitted to engage in buying, trading in livestock or other agricultural products at any public market at which he is employed.

2.6 Section 16, of said Article, provides that it shall be the duty of, and the officers of a public market are hereby required to keep complete and accurate records of all transactions at public markets.

2.7 Section 17, of said Article, provides that the Commissioner shall be charged with the enforcement of this Article. He shall have full authority and power to make and enforce rules and regulations necessary to carry out the pro-visions of this Article for the proper enforcement of the same.

W. Va. Code R. § 61-11E-2