H. B. 2913
(By Mr. Speaker, Mr. Kiss, and Delegates Martin, Proudfoot,
Michael, Staton, Ashley and Trump)
{April 11, 1997]
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 production methods;
establishing legislative findings; prohibiting the board of
health from regulating certain cheese manufacturing and
distribution; and authorizing emergency rule making.
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 and
reenacted by adding thereto a new article, designated article
seven-a, to read as follows:
ARTICLE 7A. TRADITIONAL CHEESE PRODUCTION.
16-7A-1. Legislative findings.
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 department 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.
16-7A-2. Prohibition from enforcement.
Fluid milk and fluid milk products, utilized for the
production of cheese and cheese products, when less than five
thousand pounds are produced annually by a single producer, are
exempt from pasteurization, packaging, labeling and all other
health related requirements as otherwise established in this code
or by state rule. The board of health is authorized to promulgate
an emergency legislative rule, pursuant to section fifteen, article
three, chapter twenty-nine-a of this code, regulating small
producers of cheese including the utilization of milk and milk
fluids, in the production of cheese products. This rule shall
consider and promote the traditional methods of cheese production
and will allow small producers to maintain the traditional methods of production, while assuring that the health of the public is
protected. The rule may require licenses, but shall not prohibit
traditional production methods. Until the emergency rule is in
place the board 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.