West Virginia Code § 19-12D-7

Prohibited acts; permits; authority to stop sale or delivery
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(a) No person shall violate any provision of this law or any rule promulgated thereunder.
(b) No person shall move, transport, deliver, ship or offer for shipment into or within this
state any noxious weed without first obtaining a permit from the commissioner and such
permit shall be issued only after it has been determined that the noxious weed is generally
present throughout the state or is for scientific purposes subject to prescribed safeguards:
Provided, That the division shall take final action upon all completed permit applications
within thirty days of receipt if the application is uncontested, or within ninety days if the
application is contested. u
(c) The commissioner, in order to prevent the introduction or dissemination of noxious
weeds, is hereby authorized to stop delivery, stop sale, seize, destroy, treat, or order
returned to the point of origin, at the owner's expense, any noxious weed, article or
substance, whatsoever, if it is being transported or moved within this state, or if it exists on
any premises within the state, or if it is being brouglht into this state from any place outside
thereof, if such is found by him or her to be insfested with any noxious weed subject to this
article.

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