WEST virginia legislature

2020 regular session


House Bill 4697

By Delegates Pushkin, Foster, Skaff, Howell, Pyles and Westfall

[Introduced February 05, 2020; Referred to the Committee on the Judiciary.]


A BILL to amend and reenact §60-1-5b of the Code of West Virginia, 1931, as amended, relating to the definition of “mini-distillery” and sourcing of raw agricultural products used therein.

Be it enacted by the Legislature of West Virginia:


§60-1-5b. Mini-distilleries defined.

For the purpose of this chapter: “Mini-distillery” means an establishment where in any year no more than 20,000 gallons of alcoholic liquor is manufactured with no less than twenty-five percent of raw agricultural products being produced by the owner of the mini-distillery on the premises of that establishment, and no more than 25 percent of raw agricultural products originating from any source outside this state: Provided, That the maximum allotted production amounts shall not exceed the annual incremental production limitations provided for pursuant to §60-1-3 of this code: Provided, however, That a distillery licensed and operating as of the effective date of this section that applies for designation by the commissioner as a mini-distillery is eligible to be licensed as a mini-distillery without compliance with the requirements for the percentage use of on-premises grown and in-state raw agricultural products.


NOTE: The purpose of this bill is to remove the restriction that a mini-distillery use raw agricultural products originating on the same premises as the mini-distillery.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.