Is Unpasteurized Cheese Legal in West Virginia After the 2026 Policy Reforms?

No. West Virginia prohibits the sale of unpasteurized (raw milk) cheese aged under 60 days under state dairy laws, aligning with FDA standards. Retail sales of raw milk cheeses are restricted to those aged ≥60 days, though federal interstate commerce rules may permit exceptions for certain producers.

Key Regulations for Unpasteurized Cheese in West Virginia

  • 60-Day Aging Requirement: Only unpasteurized cheese aged ≥60 days may be sold, per WV Code §19-1-4 and FDA 21 CFR 133. All other raw milk cheeses are banned from retail.
  • Licensing and Inspection: Producers must obtain a WV Department of Agriculture (WVDA) dairy plant license and undergo bi-annual inspections to certify compliance with pasteurization or aging exemptions.
  • Labeling Mandates: Cheeses must display “Made from Raw Milk” prominently if aged <60 days is not met, though such sales remain unlawful in-state. Imported cheeses face additional WVDA verification.

The WVDA enforces these rules through routine market checks and partnerships with local health departments. Federal 2026 updates to the FDA Food Code may further restrict raw milk cheese imports, tightening West Virginia’s enforcement posture. Violations risk civil penalties or criminal misdemeanor charges under WV’s Food, Drug, and Cosmetic Act.