West Virginia § 19-11D-2 Application of article

West Virginia Statutes

§ 19-11D-2 — Application of article

West Virginia § 19-11D-2

Ch. 19AGRICULTURE

Art. 11DTRADITIONAL CHEESE PRODUCTION

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Bluebook

W. Va. Code § 19-11D-2 (2026).

Text

(a)In order for cheese production to fall within the exemption created in section two of this article, all of the following criteria must apply:

(1)The cheese must be manufactured at a home or farm-based site using either raw milk from West Virginia cows, production of which is regulated by the Department of Agriculture, or commercially pasteurized cow's milk;

(2)The cheese products must be aged at least sixty days;

(3)The cheese products must be sold directly to the consumer at the production site or marketed in local restaurants or local small businesses not engaged in interstate commerce: Provided, That for the purposes of this article, acceptance of a national credit card shall not be construed as engaging in interstate commerce.

(b)The exemptions contained in this article are

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(a) In order for cheese production to fall within the exemption created in section two of this article, all of the following criteria must apply:

(1) The cheese must be manufactured at a home or farm-based site using either raw milk from West Virginia cows, production of which is regulated by the Department of Agriculture, or commercially pasteurized cow's milk;

(2) The cheese products must be aged at least sixty days;

(3) The cheese products must be sold directly to the consumer at the production site or marketed in local restaurants or local small businesses not engaged in interstate commerce: Provided, That for the purposes of this article, acceptance of a national credit card shall not be construed as engaging in interstate commerce.

(b) The exemptions contained in this article are not applicable to:

(1) Persons and businesses manufacturing more than five thousand pounds of cheese products per year;

(2) Cheese products sold to the ultimate consumer outside the borders of the state;

(3) Cheese products marketed by mail or on the Internet; or

(4) Cheese products the sale or manufacture of which is governed by applicable federal law.