Email: Chapter 21, Article 7
§21-7-1. Purpose of article.
The provisions of this article are designated to protect the health and welfare of the people of the state, and are in necessary exercise of the state's police power.
§21-7-2. Definitions.
For the purposes of this article:
"Employer" means any person who, directly or indirectly, or through an employee, agent, independent contractor or any other person, delivers to another person any materials or articles to be manufactured in a home, not for the personal use of himself or a member of his family; but shall not include the several departments, agencies and institutions of the State of West Virginia, nor any of its political subdivisions.
"Home" means any room, house, apartment, or other premises, whichever is the most extensive, used in whole or in part as a place of dwelling.
"Industrial homework" means any manufacture, in the home, of materials or articles for an employer.
"Commissioner" means the state commissioner of labor.
§21-7-3. Prohibited industrial homework.
The manufacture, or delivery for manufacture, of any of the following by industrial homework shall be unlawful and no permit or certificate issued under this article shall be deemed to authorize such manufacture or delivery:
(1) Tobacco;
(2) Drugs and poisons;
(3) Bandages and other sanitary goods;
(4) Explosives, fireworks, and articles of like character;
(5) Any other articles, the manufacture of which, in industrial homework, is in violation of this article or of any other labor law or of any health law of the state.
§21-7-4. Investigations by commissioner.
To carry out the purposes of this article, the commissioner shall have the power to make investigations into all phases of industrial homework in this state, including the investigation of any industry which employs industrial homeworkers.
No person shall interfere with or obstruct the commissioner or his authorized representatives in the carrying out of any investigation under this section.
§21-7-5. Enforcement by commissioner.
Whenever, after investigation, or on the basis of other information in his possession, the commissioner finds that a person has violated any provision of section three, he shall take appropriate action to bring about the enforcement of such provision.
§21-7-6. Employer's permit; fee.
No employer shall deliver or cause to be delivered to a person in this state any materials for manufacture by industrial homework unless and until such employer has obtained an employer's permit from the commissioner. Application for such permit shall be in the form prescribed by the commissioner.
An employer's permit shall be issued only after payment by the employer of a fee of $50, and shall be valid for a period of one year from its date of issuance unless sooner revoked or suspended pursuant to section ten. All fees collected under this section shall be paid forthwith into the State Treasury to the credit of the General Fund.
§21-7-7. Employer not to deliver material for industrial homework unless worker has certificate; labels.
No employer shall deliver or cause to be delivered, in this state, any materials for manufacture by industrial homework unless the person to be engaged in such manufacture is in possession of a valid homeworker's certificate issued in accordance with this article.
No employer shall deliver or cause to be delivered to any person any materials for manufacture by industrial homework unless there has been conspicuously affixed to each article, or, if this is not practicable, to the package or other container in which such materials are delivered, a label or other mark of identification bearing the employer's name and address printed or written legibly in English.
§21-7-8. Homeworker's certificate.
No person shall engage in industrial homework in this state unless and until he has obtained a homeworker's certificate from the commissioner. Application for such certificate shall be made in the form prescribed by the commissioner.
A homeworker's certificate shall be issued free of charge, and shall be valid for a period of one year from its date of issuance unless sooner revoked or suspended pursuant to section ten.
§21-7-9. Seizure of unlawfully manufactured articles.
Any article which is being, or is to be, manufactured in a home in violation of any provision of this article may be removed by the commissioner and retained by him The commissioner shall, by registered mail, notify the employer of such removal and retention. Unless the articles so removed and retained are claimed within thirty days after the notification, they may be destroyed or otherwise disposed of.
§21-7-10. Revocation or suspension of permits and certificates; powers of commissioner.
The commissioner is authorized to revoke or suspend any employer's permit or homeworker's certificate for the violation of a provision of this article.
The commissioner is further authorized to prescribe the form of application for employers' permits and homeworkers' certificates, and to prescribe the form of and to issue such permits and certificates; and to do all other acts required of him under the provisions of this article.
§21-7-11. Penalties.
A person who violates any provision of this article shall be guilty of a misdemeanor and, upon conviction of such violation shall be fined not less than five nor more than $50 and confined in jail not more than thirty days, or by both such fine and imprisonment in the discretion of the court.