{"data":{"id":"us-wv/w.-va.-code-19-12f-5","jurisdiction":"us-wv","citation":"W. Va. Code § 19-12F-5","heading":"Rule-making authority.","body":"(a) The commissioner shall propose legislative rules for promulgation in accordance with §29A-3-1 et seq. of this code that include, but are not limited to:\n(1) Issuance of permits to persons who wish to manufacture, process, distribute, offer for sale, or sell kratom;\n(2) Sampling and testing of kratom to determine purity levels;\n(3) Supervision of the kratom during its manufacture, processing, and sale;\n(4) Assessment of fees that are commensurate with the costs of the Commissioner of Agriculture’s activities in permitting, testing, and supervising the regulation of kratom and the sale of kratom products;\n(5) The production, processing, sale, possession, distribution, or transport of kratom products;\n(6) Developing standards for the labeling of kratom products to include, at a minimum, a statement which says \"KEEP OUT OF REACH OF CHILDREN. CONSULT YOUR PHYSICIAN BEFORE USE IF YOU ARE PREGNANT OR TAKING ANY MEDICATION\";\n(7) Developing guidelines or standards related to the display or staging of kratom products to increase the safety of underage patrons in retail environments;\n(8) Developing prohibitive standards as to child targeted packaging and shapes and forms of products;\n(9) Developing administrative rules, procedures, and sanctions for violations of this section;\n(10) Any other rules and procedures necessary to carry out the provisions of this article.\n(b) The Commissioner of Agriculture and the Alcohol Beverage Control Commissioner may, pursuant to §29A-3-15 of this code, promulgate such separate or joint emergency rules as are necessary to effectuate the purposes of this article.","path":["CHAPTER 19. AGRICULTURE.","ARTICLE 12F. SELECT PLANT-BASED DERIVATIVES REGULATION ACT: KRATOM."],"source_url":"https://code.wvlegislature.gov/19-12F-5/","current_through":"as of 2026-08-03; contains at least the enactments of the 2026 Regular Session","vintage":"","retrieved_at":"2026-09-06T00:25:18Z","sha256":"5ed7552c655dc36bfb25d8341d6e86a5120c0b43a5b1ef2b61d37af41f1af133","source_id":"us-wv","stale":true,"prev":"us-wv/w.-va.-code-19-12f-4","next":"us-wv/w.-va.-code-19-12f-6"},"notice":"GroundRules: Original legal text. Not legal advice."}