(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.
Note: WV Code updated with legislation passed through the 2016 Regular Session
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