H. B. 2972
(By Mr. Speaker, Mr. Kiss, and Delegates
Martin, Proudfoot, Michael, Staton and Trump)
[Introduced February 26, 1999; referred to the
Committee on Government Organization.]
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 and cheese production
methods; establishing legislative findings; prohibiting the
director of health from regulating certain cheese
manufacturing and distribution; and authorizing emergency
rule making by the director of health and the commissioner
of agriculture.
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.
(a) 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 division 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.
(b) The Legislature finds that circumstances exist that
justify the promulgation of emergency rules as allowed in
subsection (f), section fifteen, article three, chapter twenty- nine-a of this code.
§16-7A-2. Prohibition from enforcement.
(a) Fluid milk and fluid milk products, used 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.
(b) The director of health is authorized to propose rules
for legislative approval in accordance with the provisions of
article three, chapter twenty-nine of this code, and to
promulgate an emergency legislative rule, pursuant to section
fifteen, article three, chapter twenty-nine-a of this code,
regulating the distribution and marketing through third parties,
in commercial areas, of cheese products described in subsection
(a) of this section. The rules may not regulate the distribution
of the cheese products to restaurants.
(c) The commissioner of agriculture is authorized to propose
rules for legislative approval in accordance with the provisions
of article three, chapter twenty-nine of this code, and to
promulgate an emergency legislative rule, pursuant to section
fifteen, article three, chapter twenty-nine-a of this code,
regulating the production and storage of cheese products
described in subsection (a) of this section. The rules shall
consider and promote the traditional methods of cheese production
and shall allow small producers to maintain the traditional
methods of production, while assuring that the health of the
public is protected. The rules may require licenses, but may
not prohibit traditional production methods.
(d) Until the rules are promulgated the director 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.
NOTE: The purpose of this bill is to provide for the
regulation of traditional cheese-making methods. It prohibits
the director of health from regulating certain cheese
manufacturing and distribution until certain rules are
promulgated.
This article is new; therefore, strike-throughs and
underscoring have been omitted.