2005 West Virginia Code - §60-1-5a. — Farm wineries defined.

§60-1-5a. Farm wineries defined.
(a) For the purpose of this chapter: "Farm winery" means an establishment where in any year fifty thousand gallons or less of wine is manufactured exclusively by natural fermentation from grapes, other fruits or honey or other agricultural products containing sugar, with twenty-five percent of such raw products being produced by the owner of such farm winery on the premises of that establishment, and no more than twenty-five percent of such produce originating from any source outside this state.
(b) Notwithstanding the provisions of subsection (a) of this section, a farm winery may include one off-farm location. The owner of a farm winery may provide to the commissioner evidence, accompanied by written findings by the West Virginia agriculture commissioner in support thereof, that the owner has planted on the premises of the farm winery young nonbearing fruit plants. The commissioner may grant permission for one off-farm location in an amount equal to that reasonably expected to be produced when the nonbearing fruit plants planted on the farm winery come into full production. The length of time of the permission to use an off-farm location shall be determined by the commissioner after consultation with the agriculture commissioner.
(c) For purposes of this definition and when used in this chapter to refer to the product of a farm winery or the product of the holder of a farm winery license, "wine" includes dessert wines manufactured exclusively by natural fermentation and port, sherry and Madeira wines having an alcoholic content of not more than twenty-two percent alcohol by volume and which have been matured in wooden barrels or casks.