CHAPTER 97
FOOD REGULATION
97.02 Standards; adulterated food.
97.03 Standards; misbranding.
97.13 Sale of fish flour regulated.
97.17 Buttermaker and cheesemaker license.
97.175 Butter and cheese grader license requirements.
97.176 Butter; grading; label.
97.177 Cheese; grading; labeling.
97.18 Oleomargarine regulations.
97.21 Milk haulers and milk distributors.
97.23 Drug residues in milk.
97.24 Milk and milk products.
97.25 Use of synthetic bovine growth hormone; labeling of dairy products.
97.28 Direct sale of eggs.
97.29 Food processing plants.
97.30 Retail food establishments.
97.32 Special dairy and food inspectors.
97.34 Bottled drinking water and soda water beverage; standards; sampling and analysis.
97.41 Retail food: agent status for local health departments.
97.42 Compulsory inspection of animals, poultry and carcasses.
97.43 Meat from dead or diseased animals.
97.44 Identification of meat for animal feed; registration and records of buyers.
97.45 Labeling of horsemeat.
97.57 Planted or cultivated rice.
Ch. 97 Cross-reference
Cross-reference: See definitions in s.
93.01.
97.01
97.01
Definitions. In this chapter, unless inconsistent with context:
97.01(1)
(1) "Butter" means the clean, nonrancid product made by gathering in any manner the fat of fresh or ripened milk or cream into a mass, which also contains a small portion of the other milk constituents, with or without salt or added coloring matter, and contains not less than 80% of milk fat. Renovated or process butter is the product made by melting butter and reworking, without the addition or use of chemicals or any substances except milk, cream or salt, and contains not more than 16% of water and at least 80% of milk fat.
97.01(3)
(3) "Contaminated with filth" applies to any food not securely protected from dust, dirt and, as far as may be necessary by all reasonable means, from all foreign or injurious contaminations.
97.01(4)
(4) "Department" means the department of agriculture, trade and consumer protection.
97.01(4m)
(4m) "Distressed food" means food, or packages or containers of food, that may have been damaged, or rendered unsafe or unsuitable for sale or use as food while being transported, stored, handled or sold or the food the label of which has been lost, defaced or obliterated.
97.01(5)
(5) "Federal act" means the federal food, drug and cosmetic act, as amended (Title
21 USC 301 et seq.) or the federal wholesome meat act, as amended (Title
21 USC 71 et seq.), or the federal poultry products inspection act, as amended (Title
21 USC 451 et seq.), or the federal fair packaging and labeling act (Title
15 USC 1451 et seq.) which may be applicable.
97.01(6)(a)
(a) Articles used for food or drink by persons.
97.01(6)(c)
(c) Articles used for components of matters specified in
pars. (a) and
(b).
97.01(8)
(8) "Label" means a display of written, printed or graphic matter upon the immediate container of any article. A requirement made under this chapter that any word, statement, or other information appear on the label shall not be considered to be complied with unless such word, statement or other information also appears on the outside container or wrapper if any, of the retail package of such article, or is easily legible through the outside container or wrapper. "Immediate container" does not include package liners.
97.01(9)
(9) "Labeling" means all labels and other written, printed or graphic matter upon an article or any of its containers or wrappers or accompanying the article.
97.01(10)(a)(a) "Milk" means the whole, fresh, clean, lacteal secretion obtained by the complete milking of one or more healthy cows. Milk shall contain not less than 3% of milk fat, and not less than 8.25% of milk solids not fat. Milk may be standardized by the addition or removal of cream or by the addition of skim milk. When so standardized milk sold in final package form shall contain not less than 3.25% of milk fat, and not less than 8.25% [8.7%] of milk solids not fat.
97.01(10)(b)
(b) "Lowfat milk" means milk from which sufficient milk fat has been removed to produce a food having a milk fat content of either 0.5%, 1%, 1.5% or 2% and a milk solids not fat content of not less than 10%.
97.01(10)(c)
(c) "Skim milk" means milk from which sufficient milk fat has been removed to reduce its milk fat content to less than 0.5% and which has a milk solids not fat content of not less than 9%.
97.01 Note
NOTE: Sub. (10), as renumbered, is shown as affected by
1983 Wis. Act 536. Act 536 amends (a) by deleting "8.25%" and inserting "8.7%", here shown in brackets. Act 536 also creates (b) and (c). The effective date of Act 536 is shown in Section 4 as follows:
Effective date text
Section 4. Effective date. This act takes effect on the first day of the 3rd month commencing after the governor certifies, by executive order directed to the secretary of agriculture, trade and consumer protection and published in the official state newspaper, that all states contiguous to the borders of this state have in effect milk content requirements identical to those requirements created by this act.
97.01(11)
(11) "Nonfat dry milk" means the product resulting from the removal of fat and water from milk, and contains the lactose, milk proteins and milk minerals in the same relative proportions as in the fresh milk from which made. It contains not over 5% by weight of moisture. The fat content is not over 1 1/2% by weight unless otherwise indicated.
97.01(12)
(12) "Package" means any container or wrapper in which any food is enclosed for use in the delivery or display of that food to retail purchasers, but does not include:
97.01(12)(a)
(a) Shipping containers or wrappings used solely for the transportation of any food in bulk or in quantity to manufacturers, packers or processors, or to wholesale or retail distributors.
97.01(12)(b)
(b) Shipping containers or outer wrappings used by retailers to ship or deliver any food to retail customers if such containers and wrappings bear no printed matter pertaining to any particular commodity.
97.01(13)
(13) "Pesticide chemical" means any substance which, alone, in chemical combination, or in formulation with one or more other substances is a "pesticide" within the meaning of
s. 94.67 (25) and which is used in the production, storage or transportation of raw agricultural commodities.
97.01(14)
(14) "Raw agricultural commodity" means any food in its raw or natural state, including all fruits that are washed, colored or otherwise treated in their unpeeled natural form prior to marketing.
97.01(14m)
(14m) "Salvaging distressed food" means reconditioning or preparing distressed food for sale or use as food, including cleaning, culling, sorting, scouring, labeling, packaging, processing or treating the food.
97.01(15)
(15) "Sell", "sale" or "sold" includes delivering, shipping, consigning, exchanging, offering or exposing for sale, or having in possession with intent to sell.
97.01(16)
(16) "Whey cream" means that portion of whey rich in milk fat which is separated from whey by centrifugal force, is fresh and clean and contains not less than 30% of milk fat.
97.02
97.02
Standards; adulterated food. For the purposes of this chapter, a food is adulterated if it is adulterated within the meaning of
21 USC 342.
97.02 Cross-reference
Cross-reference: See also ch.
ATCP 55, Wis. adm. code.
97.03
97.03
Standards; misbranding. For the purposes of this chapter, a food is misbranded if it is misbranded within the meaning of
21 USC 343.
97.03 Cross-reference
Cross-reference: See also ch.
ATCP 55, Wis. adm. code.
97.07
97.07
Interpretation. If an article is alleged to be misbranded because the labeling is misleading, then in determining whether the labeling is misleading, there shall be taken into account not only representations made or suggested by statement, word, design, device, sound, or any combination thereof, but also the extent to which the labeling fails to reveal facts material in the light of such representations or material with respect to consequences which may result from the use of the article to which the labeling relates under the conditions of use prescribed in the labeling or under such conditions of use as are customary or usual.
97.09(1)(1) Definitions and standards of identity, composition, quality and fill of container for foods, and amendments thereto, now or hereafter adopted under the federal act or this chapter are definitions and standards of identity, composition, quality and fill of container under
s. 97.03. However, when such action will promote honesty and fair dealing in the interest of consumers, the department may amend, stay or reject such federal regulations or make rules establishing definitions and standards of identity, composition, quality and fill of container for foods where no federal regulations exist, or which differ from federal regulations.
97.09 Note
NOTE: Sub. (1) is shown as affected by
1983 Wis. Act 536, which adds "or this chapter". The effective date of Act 536, is shown in Section 4 as follows:
Effective date text
Section 4. Effective date. This act takes effect on the first day of the 3rd month commencing after the governor certifies, by executive order directed to the secretary of agriculture, trade and consumer protection and published in the official state newspaper, that all states contiguous to the borders of this state have in effect milk content requirements identical to those requirements created by this act.
97.09(2)
(2) Temporary permits granted under the federal act for interstate shipment of experimental packs of food varying from the requirements of federal definitions and standards of identity are automatically effective in this state under conditions set forth in such permits.
97.09(3)
(3) The department may also issue temporary marketing permits upon a convincing showing of need to continue a market study where the interests of consumers are safeguarded. Such permits are subject to terms and conditions prescribed by departmental rules but may not be issued for a period exceeding 6 months plus one renewal period of 6 months after departmental review.
97.09(4)
(4) The department may, by rule, establish and enforce standards governing the production, processing, packaging, labeling, transportation, storage, handling, display, sale, including retail sale, and distribution of foods that are needed to protect the public from the sale of adulterated or misbranded foods.
