W. Va. Code R. § 61-30-12

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

Section 61-30-12 - Embargos

12.1. Embargo orders.

12.1.a. When the Commissioner has reasonable cause to believe any lot of hemp product is being manufactured distributed offered for sale exposed for sale or used in this state in violation of the provisions of this rule a written embargo order may be issued and enforced warning the custodian of the hemp product not to manufacture, distribute, use, remove, or dispose of it in any manner until the embargo is released by the Commissioner or by court order.

12.1.b. When the embargo is issued, the Commissioner shall affix a tag or other marking to the hemp product, warning that such product is under embargo and shall notify the custodian of the right to request a hearing.

12.1.c. The Commissioner shall release the hemp product so embargoed when said product has been brought into compliance with this article and its rules.

12.1.d. The Commissioner shall have the authority to issue an embargo against a perishable product even if the result is the involuntary disposal of the product.

12.1.e. The Commissioner may take action to seize and condemn any product if not brought into compliance with this rule within the aforesaid time frame.

12.2. Condemnation and Confiscation

12.2.a. Any hemp product not in compliance with the provisions of this rule shall be subject to condemnation and confiscation on complaint of the Commissioner to the circuit court of the county in which the product in question is located. Jurisdiction is hereby conferred upon the circuit courts to hear and determine such matter.

12.2.b. If the court finds that the hemp product is in violation of the provisions of this rule and should be confiscated, the court shall order the condemnation and confiscation of such product and its disposition in a manner consistent with the quality of such product which is not in violation of any other laws of this state: Provided That the owner thereof must first be given an opportunity to process or relabel such hemp product or dispose of the same in full compliance with the provisions of this rule.

12.3. Injunctions

12.3.a. Upon application by the Commissioner, the circuit court of the county in which the violation is occurring, has occurred, or is about to occur, may grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this rule.

12.3.b. An injunction shall be issued without bond.

W. Va. Code R. § 61-30-12