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Current as of January 01, 2024 | Updated by Findlaw Staff
(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.
Cite this article: FindLaw.com - West Virginia Code Chapter 19. Agriculture § 19-11D-2. Application of article - last updated January 01, 2024 | https://codes.findlaw.com/wv/chapter-19-agriculture/wv-code-sect-19-11d-2/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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