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Chapter 19     Entire Code
‹ Chapter 18C  |  Chapter 20 › Printer Friendly Versions
Chapter 19  |  Article 19 - 11D  |  Section 1

1 - DEPARTMENT OF AGRICULTURE

1A - DIVISION OF FORESTRY

1B - SEDIMENT CONTROL DURING COMMER

1C - CARE OF LIVESTOCK

2 - MARKETING AGRICULTURAL PRODUCTS

2A - PUBLIC MARKETS

2B - INSPECTION OF MEAT AND POULTRY

2C - AUCTIONEERS

2D - IMITATION HONEY PRODUCT LAW

2E - HUMANE SLAUGHTER OF LIVESTOCK

2F - BEEF INDUSTRY SELF-IMPROVEMENT

2G - TREE FRUIT INDUSTRY SELF-IMPRO

3 - SALE OF FARM PRODUCTS BY COMMIS

4 - COOPERATIVE ASSOCIATIONS

5 - GRADING AND PACKING OF FRUITS A

5A - CONTROLLED ATMOSPHERE STORAGE

6 - DEMONSTRATION PACKINGHOUSES AND

7 - STATE AID FOR FAIRS

8 - COOPERATIVE EXTENSION WORKERS

9 - DISEASES AMONG DOMESTIC ANIMALS

9A - FEEDING OF UNTREATED GARBAGE T

10 - MALE BREEDING ANIMALS

10A - THE WEST VIRGINIA EGG MARKET

10B - LIVESTOCK DEALER'S LICENSING

11 - BULK MILK TRADE LAW

11A - DAIRY PRODUCTS AND IMITATION

11B - FROZEN DESSERTS AND IMITATIO

11C - SOUTHERN DAIRY COMPACT

11D - TRADITIONAL CHEESE PRODUCTIO
    19 - 11 D- 1
    19 - 11 D- 2
    19 - 11 D- 3

12 - INSECT PESTS, PLANT DISEASES

12A - LAND DIVISION

12B - INTERSTATE COMPACT ON PEST C

12C - INTERAGENCY COMMITTEE ON PES

12D - WEST VIRGINIA NOXIOUS WEED A

12E - INDUSTRIAL HEMP DEVELOPMENT

13 - INSPECTION AND PROTECTION OF

14 - WEST VIRGINIA COMMERCIAL FEED

15 - WEST VIRGINIA FERTILIZER LAW

15A - WEST VIRGINIA AGRICULTURAL L

16 - WEST VIRGINIA SEED LAW

16A - WEST VIRGINIA PESTICIDE CONT

16B - WEST VIRGINIA PESTICIDE USE

17 - FENCES

18 - GENERAL STOCK LAW

19 - PRESERVATION OF AGRICULTURAL

20 - DOGS AND CATS

20A - VACCINATION OF DOGS AND CATS

20B - SPAYING OR NEUTERING OF DOGS

20C - WEST VIRGINIA SPAY NEUTER AS

21 - DRAINAGE DISTRICTS

21A - CONSERVATION DISTRICTS

21B - WATERSHED IMPROVEMENT DISTRI

22 - VINEGARS

23 - HORSE AND DOG RACING

24 - INTERSTATE COMPACT ON LICENSU

25 - LIMITING LIABILITY OF LANDOWN

26 - GENERAL JOHN MCCAUSLAND MEMOR

27 - WEST VIRGINIA STATE FARM MUSE

28 - VITAMIN AND MINERAL ENRICHMEN

29 - PRODUCTION OF NONTRADITIONAL

30 - DONATED FOOD

31 - GUS R DOUGLASS AGRICULTURAL C

32 - AQUACULTURE DEVELOPMENT

33 - EQUINE RESCUE FACILITIES ACT

WVC 19 - CHAPTER 19. AGRICULTURE.
WVC 19 - 11 D- ARTICLE 11D. TRADITIONAL CHEESE PRODUCTION.

WVC 19 - 11 D- 1 §19-11D-1. Legislative findings.
The Legislature finds that local production and sale of locally manufactured cheese products is a culturally significant tradition and that the preservation of historic methods of cheese production is in the public interest; that local cheese production is an important part of the economic livelihood of many families and small businesses in this state; and that the unique quality of home and farm-based cheese products cannot be duplicated using manufacturing and food production requirements enforced by local boards of health. Therefore, the Legislature finds that it is in the public interest to exempt certain local cheese production and local cheese products from regulations of the division of health related to food sanitation enforced by local boards of health, and to place the production of certain home and farm-based cheese products under the jurisdiction of the department of agriculture.

WVC 19 - 11 D- 2 §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:

(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.

WVC 19 - 11 D- 3 §19-11D-3. Exemption from regulatory control; authorizing rules by the commissioner of agriculture.
The manufacture of cheese products described in section two of this article is exempt from: (a) Pasteurization, packaging, labeling and all other health related requirements established in this code or rules promulgated by the division of health; and (b) regulatory control by the division of health and county or local health departments or sanitarians. Powers of the commissioner of agriculture set forth in section ten, article eleven-a of this chapter are applicable to the manufacturing of home and farm-based cheese products described in section two of this article. The commissioner of agriculture is authorized to promulgate rules pursuant to article three, chapter twenty-nine-a of this code, considering and promoting traditional methods of cheese production, while providing minimum health and sanitation standards necessary for the protection of the public, including standards for cleanliness, handling, and protection from contamination. Emergency rules for this purpose are authorized.

Note: WV Code updated with legislation passed through the 2013 1st Special Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.


Recent legislation affecting the Code

Citation Year/Session Short Title
§19 - 1 - 11 - (New Code)
SENATE BILL - 350
PASSED - Regular Session

SB350 ENR  (Uploaded - 03/25/2014)
Relating to Rural Rehabilitation Loan Program
§19 - 1 A- 3 B - (New Code)
SENATE BILL - 353
PASSED - Regular Session

SB353 SUB2 ENR  (Uploaded - 03/25/2014)
Relating to timber theft from state forests
§19 - 1 B- 12 - (Repealed Code)
§19 - 1 B- 12 A - (Amended Code)
SENATE BILL - 357
PASSED - Regular Session

sb357 SUB1 ENR  (Uploaded - 03/25/2014)
Relating to Logging Sediment Control Act civil and criminal penalties
§19 - 21 A- 4 A - (New Code)
SENATE BILL - 365
PASSED - Regular Session

SB365 SUB1 ENR  (Uploaded - 03/25/2014)
Relating to administration of Conservation Agency programs
§19 - 1 - 11 - (New Code)
SENATE BILL - 469
PASSED - Regular Session

SB469 SUB1 ENR  (Uploaded - 03/25/2014)
Creating Veterans and Warriors to Agriculture Program
§19 - 1 - 4 - (Amended Code)
SENATE BILL - 523
PASSED - Regular Session

SB523 SUB2 ENR  (Uploaded - 03/25/2014)
Providing for additional state veterans skilled nursing facility in Beckley
§19 - 1 A- 3 A - (Amended Code)
SENATE BILL - 535
PASSED - Regular Session

SB535 SUB1 ENR  (Uploaded - 03/25/2014)
Clarifying definition of "ginseng"
§19 - 20 D- 1 - (New Code)
§19 - 20 D- 2 - (New Code)
§19 - 20 D- 3 - (New Code)
HOUSE BILL - 2757
PASSED - Regular Session

HB2757 SUB ENR  (Uploaded - 03/25/2014)
Private cause of action for the humane destruction of a dog
§19 - 12 E- 5 - (Amended Code)
§19 - 12 E- 9 - (Amended Code)
HOUSE BILL - 3011
PASSED - Regular Session

HB3011 SUB ENR  (Uploaded - 03/25/2014)
Removing the provision that requires an applicant to meet federal requirements concerning the production, distribution and sale of industrial hemp prior to being licensed
§19 - 34 - 1 - (New Code)
§19 - 34 - 2 - (New Code)
§19 - 34 - 3 - (New Code)
§19 - 34 - 4 - (New Code)
§19 - 34 - 5 - (New Code)
§19 - 34 - 6 - (New Code)
§19 - 34 - 7 - (New Code)
§19 - 34 - 8 - (New Code)
§19 - 34 - 9 - (New Code)
HOUSE BILL - 4393
PASSED - Regular Session

HB4393 SUB ENR  (Uploaded - 03/25/2014)
Creating the Dangerous Wild Animals Act
§19 - 2 C- 1 - (Amended Code)
§19 - 2 C- 3 - (Amended Code)
§19 - 2 C- 3 A - (New Code)
§19 - 2 C- 3 B - (New Code)
§19 - 2 C- 5 - (Amended Code)
§19 - 2 C- 5 A - (Amended Code)
§19 - 2 C- 6 - (Amended Code)
§19 - 2 C- 6 B - (Amended Code)
§19 - 2 C- 8 - (Amended Code)
§19 - 2 C- 9 - (Amended Code)
§19 - 2 C- 9 A - (New Code)
HOUSE BILL - 4410
PASSED - Regular Session

HB4410 ENR SUB  (Uploaded - 03/25/2014)
Redefining auctioneer exceptions
§19 - 4 - 6 - (Amended Code)
HOUSE BILL - 4488
PASSED - Regular Session

hb4488 ENR  (Uploaded - 03/25/2014)
Eliminating the requirement for notarization of the articles of incorporation for cooperative associations
§19 - 12 A- 6 A - (Amended Code)
HOUSE BILL - 104
PASSED - 1st Special Session

hb104 ENR  (Uploaded - 03/25/2014)
Increasing the annual cap for collections into the Land Division special revenue account of the Department of Agriculture
Note: WV Code updated with legislation passed through the 2013 1st Special Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.
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