West Virginia Code 19-11D-2 – Application of article
(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:
Terms Used In West Virginia Code 19-11D-2
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
(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.