W. Va. Code R. § 64-110-25

Current through Register Vol. XLI, No. 36, September 6, 2024

Section 64-110-25 - Treatment and quarantine orders

25.1. If a grower/processor fails or refuses to eradicate a plant pest that is found at its facility, the bureau, in cooperation with the West Virginia Department of Agriculture, may issue and enforce a treatment order against the grower/processor, including an order to eradicate, for any immature medical cannabis plants or medical cannabis plants that may carry or harbor the plant pest. The order will be issued in writing and set forth the necessary treatment, control or eradication measures required. If the grower/processor fails or refuses to comply with the order, the bureau, acting in cooperation with the West Virginia Department of Agriculture, may carry out the control measures established in the treatment order with all expenses associated with the measures accruing to the grower/processor.

25.2. The West Virginia Department of Agriculture, acting with the cooperation of the bureau, may establish a quarantine to prevent the dissemination of plant pests within this state or to prevent or delay the introduction of a plant pest into this state from any country, state, or territory. The following apply:

25.2.a. Upon finding a plant pest in a facility that has the potential to cause serious damage to other grower/processors or to agriculture in general, the geographic area in which the plant pest was found and any adjacent areas as the West Virginia Department of Agriculture deems necessary may be quarantined.

25.2.b. The quarantine order will establish conditions and restrictions determined by the West Virginia Department of Agriculture to be necessary to prevent or reduce the movement of the plant pest from the quarantined area. Vehicles or any means of conveyance suspected of carrying the plant pest may also be subject to quarantine and a treatment order under subsection 25.1. may be issued as necessary to eradicate the plant pest.

25.2.c. The quarantine order may regulate the planting, growing, or harvesting of any immature medical cannabis plants, or medical cannabis plants that serve as a host or reservoir for the plant pest within the quarantined area and may include prohibiting the processing of a specific harvest batch or harvest lot of medical cannabis within a specific geographic area or during a specified time period. An immature medical cannabis plant or medical cannabis plant suspected of harboring the plant pest may be ordered to be treated or destroyed.

W. Va. Code R. § 64-110-25