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.