West Virginia Code § 60-3-25

Permit for farm winery to import produce in excess of established limits
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Upon application by the holder of a farm winery license, filed with the West Virginia Alcohol
Beverage Control Commissioner, showing, due to unusual climatic or other conditions
adversely affecting its ability to obtain from within this state seventy-five percent of the
grapes, grape juice, other fruits or fruit juices or honey necessary to produce its wine, the
commissioner may issue to the applicant a permit to import such products ine an amount
deemed necessary by the commissioner to allow such farm winery to produce wine within
the quota established by section five-a, article one of this chapter. The rpermit issued under
this section shall not be effective for more than ninety days. The burden of proof shall be
upon the applicant to show that grapes, grape juice, fruit, fruit juice or honey of the type
normally used by the licensee are not available from any other source within the State of
West Virginia, and no application for a permit under this secttion shall be considered by the
commissioner unless it is accompanied by written findings by the West Virginia agriculture
commissioner in support thereof.

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