2019 - 2020 LEGISLATURE
May 15, 2019 - Introduced by Senators Miller, Risser, Larson and Smith,
cosponsored by Representatives
C. Taylor, Shankland, Stubbs, Milroy,
Sargent, Billings, Considine, Subeck, Ohnstad, Pope, Anderson, Sinicki,
Emerson and Neubauer. Referred to Committee on Economic Development,
Commerce and Trade.
1An Act to create
97.303 of the statutes; relating to: prohibiting food and
2beverages from being served in foam polystyrene packaging and providing a
Analysis by the Legislative Reference Bureau
This bill prohibits an operator of a retail food business from serving food and
beverages in foam polystyrene packaging. The prohibition under the bill does not
apply to either of the following: 1) containers enclosing food or beverage that have
been filled and sealed outside the state; or 2) containers used for packaging raw meat,
poultry, fish, or seafood to be consumed off the premises where sold. Under the bill,
the Department of Agriculture, Trade and Consumer Protection may grant a waiver
from the prohibition lasting up to one year after the bill takes effect to a retail food
business operator. DATCP may grant a waiver under the bill if doing so is necessary
to avoid an undue hardship or practical difficulty for a retail food business operator
that is not common among similarly situated retail food business operators.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
97.303 of the statutes is created to read:
197.303 Serving food and beverages in foam polystyrene packaging. (1) 2Definitions.
In this section:
(a) “Foam polystyrene packaging” means packaging made primarily from foam 4
polystyrene that is designed for serving or containing food or beverage.
(b) “Retail food business operator” means a person who operates a retail food 6
establishment, as defined in s. 97.30 (1) (c), or a vending machine operator.
(a) Except as provided in par. (b), no retail food business 8
operator may serve food or beverages in foam polystyrene packaging.
(b) Paragraph (a) does not apply to any of the following:
1. A container enclosing food or beverage that has been filled and sealed outside 11
this state before receipt by a retail food business operator.
2. A container used for packaging raw meat, poultry, fish, or seafood to be 13
consumed off the premises where sold.
Notwithstanding sub. (2) (a), the department may grant to a retail 15
food business operator a waiver authorizing activity prohibited under sub. (2) (a) if 16
the department determines that the waiver is necessary to avoid an undue hardship 17
or practical difficulty for the retail food business operator that is not common among 18
similarly situated retail food business operators. A waiver granted under this 19
subsection may not authorize activity prohibited under sub. (2) (a) that occurs on or 20
after the first day of the 13th month beginning after the effective date of this 21
subsection .... [LRB inserts date].
A person who violates sub. (2) (a) more than 90 days after 23
receiving written notice from the department that the person has violated sub. (2) 24
(a) shall forfeit not more than $250, except that for each subsequent violation
occurring more than 180 days after receiving the written notice the person shall 2
This act takes effect on the first day of the 13th month beginning after 5