(a) No person shall intentionally, knowingly or recklessly:
(1) Mistreat an animal in a cruel manner;
(2) Abandon an animal;
(3) Withhold,
A. Proper sustenance, including food or water;
B. Shelter that protects from the elements of weather; or
C. Medical treatment, necessary to sustain normal health and fitness or to end the suffering of any animal;
(4) Abandon an animal to die;
(5) Leave an animal unattended and confined in a motor vehicle when physical injury to or death of the animal is likely to result;
(6) Ride an animal when it is physically unfit;
(7) Bait or harass an animal for the purpose of making it perform for a person’s amusement;
(8) Cruelly chain or tether an animal; or
(9) Use, train or possess a domesticated animal for the purpose of seizing, detaining or maltreating any other domesticated animal.
(b) No person, other than a licensed veterinarian or a person acting under the direction or with the approval of a licensed veterinarian, shall knowingly and willfully administer or cause to be administered to any animal participating in any contest any controlled substance or any other drug for the purpose of altering or otherwise affecting such animal's performance.
(c) Any person convicted of a violation of this section shall forfeit his or her interest in any such animal and all interest in such animal shall vest in the humane society or county pound of the county in which the conviction was rendered, and such person shall, in addition to any fine imposed, be liable for any costs incurred or to be incurred by the humane society or county pound as a result.
(d) For the purpose of this section, "controlled substance" has the same meaning ascribed to it by West Virginia Code 60A-1-101(d).
(e) The provisions of this section do not apply to lawful acts of hunting, fishing, trapping or animal training or farm livestock, poultry, gaming fowl or wildlife kept in private or licensed game farms if kept and maintained according to usual and accepted standards of livestock, poultry, gaming fowl or wildlife or game farm production and management, nor to humane use of animals or activities regulated under and in conformity with the provisions of 7 U.S.C. Section 2131 et seq. and the regulations promulgated thereunder, as both such statutes and regulations are in effect on the effective date of this section.
(WVaC 61-8-19)