(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.
West Virginia Legal Code