COMMITTEE SUBSTITUTE
FOR
H. B. 2972
(By Mr. Speaker, Mr. Kiss, and Delegates
Martin, Proudfoot, Michael, Staton and Trump)
[March 2, 1999]
A BILL to amend chapter nineteen of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article eleven-d, relating
to the regulation of traditional milk and cheese production
methods; establishing legislative findings; prohibiting the
division of health from regulating certain cheese
manufacturing and distribution; and authorizing rules by the
commissioner of agriculture.
Be it enacted by the Legislature of West Virginia:
That chapter nineteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new article, designated article eleven-d, to
read as follows:
ARTICLE 11D. TRADITIONAL CHEESE PRODUCTION.
§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.
§19-11D-2. Application of article
(a) In order for cheese production to fall within the
exemption created in 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.
§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 are exempt from pasteurization, packaging,
labeling and all other health related requirements established in
this code or rules thereunder, and are exempt from regulatory
control of the division of health, county or local health
departments, and inspection by county or local health officials
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 propose 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.