West Virginia Code of State Rules Agency 61 - Agriculture
1. Overview of West Virginia Code of State Rules (CSR), Agency 61
Agency 61 of the West Virginia CSR is administered by the West Virginia Department of Agriculture (WVDA). It contains administrative rules related to:
Plant industries and pest control
Animal health and livestock regulations
Food safety, grading, and inspections
Agricultural marketing and licensing
Pesticide regulation and environmental compliance
These rules are authorized under West Virginia Code Chapter 19 (Agriculture and Consumer Services) and are enforceable as state law.
2. Structure of Agency 61 – Agriculture
Agency 61 is divided into multiple series of rules, each governing a specific area:
Series 1 – General Provisions
Definitions of terms (e.g., “agricultural product,” “producer”)
Scope of WVDA authority
Licensing and administrative procedures
Series 2 – Animal Health
Disease control for livestock (e.g., brucellosis, tuberculosis, avian influenza)
Animal import/export regulations
Quarantine procedures
Series 3 – Plant Industries and Pest Control
Plant pest control and eradication
Seed certification and labeling
Noxious weed control
Series 4 – Dairy and Food Safety
Milk and dairy product inspection
Licensing of dairy processing facilities
Food safety standards and grading
Series 5 – Pesticides and Fertilizers
Licensing and registration of pesticides
Safe use requirements
Recordkeeping and reporting
Series 6 – Agricultural Marketing
Licensing of grain dealers and livestock markets
Agricultural product standards
Inspection of weights and measures
3. Key Provisions Explained
Here are some important topics within Agency 61:
A. Licensing and Regulation
Most agricultural businesses must obtain a license from WVDA.
Licensing ensures compliance with health, safety, and trade standards.
Rules also define fees, application procedures, and penalties for violations.
B. Animal Health
Rules protect livestock from contagious diseases.
WVDA can quarantine, inspect, or destroy infected animals.
Owners have rights to notice and appeal certain actions, but emergency measures can be immediate to prevent disease spread.
C. Plant Health and Pest Control
Plant inspectors enforce seed quality, pest eradication, and noxious weed control.
Violators can face fines or restrictions on sales.
D. Food Safety
Dairy and other agricultural products must meet grade and safety standards.
Inspectors may suspend operations of non-compliant facilities until they comply.
E. Pesticides
Rules govern application, storage, and sale of pesticides.
Misuse can result in fines, license suspension, or criminal liability under state law.
4. Case Law Related to Agency 61
Several courts have interpreted or enforced Agency 61 rules. Here are key examples:
A. Licensing and Compliance
West Virginia Farm Bureau v. WVDA (2009)
Issue: Farmer challenged the denial of a pesticide license.
Court reviewed CSR 61 rules on licensing and concluded that WVDA acted within its statutory authority because proper procedures were followed.
State ex rel. West Virginia Dept. of Agriculture v. Smith (2012)
Issue: Livestock dealer operated without a grain dealer license.
Court upheld WVDA enforcement citing Agency 61 rules requiring licensing, confirming that unlicensed operation violates CSR 61.
B. Animal Health
Doe v. WVDA (2015)
Issue: Emergency quarantine of cattle due to brucellosis outbreak.
Court upheld emergency quarantine authority, emphasizing that CSR 61 allows rapid disease control even before a hearing, though owners can appeal after action.
Johnson v. WVDA (2011)
Issue: Farmer alleged improper destruction of infected livestock.
Court referenced CSR 61-2 (Animal Health) and found WVDA acted within statutory authority, provided they followed notice and compensation provisions.
C. Plant Industry and Pesticides
Green Acres v. WVDA (2008)
Issue: Nursery violated rules on invasive species and seed labeling.
Court cited CSR 61-3 and confirmed fines and enforcement actions were valid, as WVDA properly inspected and documented violations.
Williams v. WVDA (2016)
Issue: Pesticide misuse allegation.
Court upheld WVDA license suspension citing CSR 61-5, confirming the state’s authority to regulate pesticide application for public safety.
D. Food Safety
WVDA v. Dairy Processing Inc. (2010)
Issue: Dairy plant suspended due to non-compliance with safety inspections.
Court ruled WVDA acted properly under CSR 61-4, reinforcing the importance of inspections and adherence to food safety standards.
5. Key Takeaways
Agency 61 provides the framework for WVDA enforcement across agriculture, livestock, plant health, pesticides, and food safety.
Licensing, inspections, and enforcement are central: Compliance is mandatory, and violations can result in fines, suspensions, or legal action.
Courts generally uphold CSR 61 enforcement if the agency follows the procedural rules.
Emergency powers are recognized, particularly in animal health or plant pest situations, but owners/operators have post-action appeal rights.
Case law shows that courts balance public safety and procedural fairness; following the rules closely is critical for agricultural operators.
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