As used in this article:

Terms Used In West Virginia Code 19-4-1

  • Agricultural products: means horticultural, viticultural, forestry, dairy, livestock, poultry, bee, and any farm products in their natural form or processed. See West Virginia Code 19-4-1
  • association: means any corporation organized under this article. See West Virginia Code 19-4-1
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Goods and services: means food and beverages, arts and crafts, woodworking and furniture-making, and recycling, composting and repurposing materials. See West Virginia Code 19-4-1
  • Member: means a member of an association without capital stock and a holder of common stock in an association organized with capital stock. See West Virginia Code 19-4-1

(a) “Agricultural products” means horticultural, viticultural, forestry, dairy, livestock, poultry, bee, and any farm products in their natural form or processed.

(b) “Goods and services” means food and beverages, arts and crafts, woodworking and furniture-making, and recycling, composting and repurposing materials.

(c) “Member” means a member of an association without capital stock and a holder of common stock in an association organized with capital stock.

(d) “Cooperative association” or “association” means any corporation organized under this article. Each association shall also comply with the requisite business corporation provisions of chapter 31D or 31F of this code, or the nonprofit corporation provisions of chapter 31E of this code.

Except within a 35 mile radius of a facility that has been permitted and classified by the West Virginia Department of Environmental Protection as a mixed waste processing resource recovery facility, a recycling cooperative association may be organized as a nonprofit corporation pursuant to chapter thirty-one-e of this code. The recyclable goods must be generated by members of the recycling cooperative association and shall be limited to recyclable goods not collected by a certified waste motor carrier as defined pursuant to § 24A-1-2 of this code in the same area the recycling cooperative is located. If a motor carrier receives a certificate of need to serve the same area with the same services as the cooperative, then the cooperative shall cease providing those services.

(e) “Qualified person” means a person who is engaged in the producing, preserving, harvesting, drying, processing, manufacturing, canning, packing, grading, storing, handling, utilizing, marketing, financing, selling, distributing, shipping, procuring or providing of agricultural products, or other goods and services, or the by-products thereof.

(f) “Qualified activity” means those engaged in the producing, preserving, harvesting, drying, processing, manufacturing, canning, packing, grading, storing, handling, utilizing, marketing, financing, selling, distributing, shipping, procuring or providing of agricultural products, or other goods and services, or the by-products thereof.