ENGROSSED
H. B. 2913
(By Mr. Speaker, Mr. Kiss, and Delegates Martin, Proudfoot,
Michael, Staton, Ashley and Trump)
[January 14, 1998]
A BILL to amend chapter sixteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article seven-a, relating to
the regulation of traditional milk production methods;
establishing legislative findings; prohibiting the board of
health from regulating certain cheese manufacturing and
distribution; and authorizing emergency rule making.
Be it enacted by the Legislature of West Virginia:
That chapter sixteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by adding
thereto a new article, designated article seven-a, to read as
follows:
ARTICLE 7A. TRADITIONAL CHEESE PRODUCTION.
16-7A-1. Legislative findings.
The Legislature finds that local production and sale of locally manufactured cheese products is an important part of the
economic livelihood of many families and small businesses in this
state. Further, that often, the traditional food production
methods associated with family and small business food production
are not conducive to many of the manufacturing and food production
requirements required by the board of health. It is the intent of
the Legislature to prohibit the department of health from taking
any enforcement or inspection actions to prohibit the sale,
distribution or consumption of cheese produced by families and
small businesses and sold within this state, until new legislative
rules are proposed and promulgated, allowing for traditional
methods of cheese production to be sold, distributed or otherwise
consumed.
16-7A-2. Prohibition from enforcement.
Fluid milk and fluid milk products, utilized for the
production of cheese and cheese products, when less than five
thousand pounds are produced annually by a single producer and aged
at least sixty days, are exempt from pasteurization, packaging,
labeling and all other health related requirements as otherwise
established in this code or by state rule. The board of health is
authorized to promulgate an emergency legislative rule, pursuant to
section fifteen, article three, chapter twenty-nine-a of this code,
regulating small producers of cheese including the utilization of
milk and milk fluids, in the production of cheese products. This rule shall consider and promote the traditional methods of cheese
production and will allow small producers to maintain the
traditional methods of production, while assuring that the health
of the public is protected. The rule may require licenses, but
shall not prohibit traditional production methods. Until the
emergency rule is in place the board of health is prohibited from
limiting the production, sale or other distribution of these
products if the person or business produces less than five thousand
pounds of cheese each year.