Incidental sales of milk directly to consumers at the dairy farm where the milk is produced.
Incidental sales of pasteurized milk at a dairy plant licensed under s. 97.20
The sale of grade A milk or grade A milk products which are produced and processed under equivalent laws or rules of another state or a local governmental unit, as provided under sub. (4) (b)
The department, in consultation with the department of health services, shall issue rules governing the production, transportation, processing, pasteurization, handling, identity, sampling, examination, labeling and sale of milk and fluid milk products; the inspection of dairy herds, dairy farms and dairy plants; the issuing and revocation of permits to milk producers and milk haulers, and of licenses to dairy plants and milk distributors. Insofar as permitted by the laws of this state, such rules shall be in reasonable accord with the minimum standards and requirements for milk and fluid milk products currently recommended and published by the U.S. public health service as a milk ordinance and code, except that the requirements for bottling and sterilization of bottles in such standards shall not apply to milk sold by a producer, selling only milk produced by the producer on the producer's dairy farm under the producer's own supervision, and selling such milk only in the producer's own milk house, which milk meets the requirements of grade A standards as set forth by the department of agriculture, trade and consumer protection, to a purchaser who has provided his or her own container, which has been sanitized in a manner comparable to the sanitizing of the utensils used in the production of milk by the producer, if the purchaser is purchasing milk for his or her own consumption.
(4) Legislative purpose; uniformity; reciprocity. 97.24(4)(a)(a)
Regulation of the production, processing and distribution of milk and fluid milk products under minimum sanitary requirements which are uniform throughout this state and the United States is essential for the protection of consumers and the economic well-being of the dairy industry, and is therefore a matter of statewide concern; however, nothing in this section shall impair or abridge the power of any municipality or county to regulate milk or fluid milk products under sanitary requirements and standards which are in reasonable accord with those established under this section or the power to impose reasonable license permit and inspection fees which combined shall not exceed the cost of necessary inspection. A municipality or county may not impose any fee for its inspection of milk producers, dairy plant facilities or dairy products which are under the inspection supervision of another governmental unit within or without the state with a valid certification rating made or approved by the department. No governmental unit may impose or collect a fee directly from the producer. A license or permit fee not to exceed $25 annually may be imposed on milk distributors licensed under s. 97.22
and on dairy plants under the inspection supervision of another governmental unit which are engaged in the distribution of milk within a municipality or county.
No sanitary requirement or standard established under this section or contained in any ordinance may prohibit the sale of milk or fluid milk products which are produced and processed under laws or rules of any governmental unit, within or without this state, which are substantially equivalent to the requirements of the rules promulgated under this section, and which are enforced with equal effectiveness, as determined by a milk sanitation rating made or approved by the department, under rules promulgated under this section.
(5) Certification of Grade A dairy operations.
The department shall conduct evaluation surveys of grade A dairy operations in this state to the extent necessary to certify to the federal food and drug administration, out-of-state markets, the federal public health service, and local health departments, the compliance rating of the grade A dairy operations based upon the sanitation and enforcement requirements of the grade A pasteurized milk ordinance of the federal public health service and its related documents. The department may promulgate rules establishing fees which may be charged to dairy plants to fund these activities.
See also ch. ATCP 60
, Wis. adm. code.
Use of synthetic bovine growth hormone; labeling of dairy products. 97.25(1)
In this section:
No person may place upon the label of a dairy product a statement indicating that the dairy product is not produced from herds being administered synthetic bovine growth hormone except as provided in sub. (3)
The department shall promulgate rules authorizing the operator of a dairy plant licensed under s. 97.20
, a retail food establishment licensed under s. 97.30
or a restaurant with a permit under s. 254.64
who complies with the rules to place upon the label of a dairy product the statement "Farmer-certified rBGH free." or an equivalent statement that is not false or misleading. The statement shall be based upon affidavits from milk producers stating that the milk producers do not use synthetic bovine growth hormone for the production of milk.
A person may sell a dairy product that is labeled for retail sale in another state the label of which indicates that the dairy product is not produced from herds being administered synthetic bovine growth hormone only if the dairy product is from a state identified by the department as having laws comparable to this state's laws on labeling dairy products not produced with synthetic bovine growth hormone and is labeled in compliance with the laws of that state.
History: 1993 a. 476
; 1995 a. 225
See also ch. ATCP 83
, Wis. adm. code.
Food warehouses. 97.27(1)(1)
In this section:
"Cold-storage warehouse" means a warehouse in which food is to be stored at temperatures between zero and 50 degrees Fahrenheit.
"Food warehouse" means a warehouse used for the storage of food, and includes a cold-storage warehouse, frozen-food warehouse and frozen-food locker plant. "Food warehouse" does not include:
A warehouse used solely for the storage of grain or other raw agricultural commodities.
A retail food establishment, restaurant or other retail facility at which food is stored on a temporary basis incidental to retail preparation or sale.
A warehouse located in a dairy plant licensed under s. 97.20
, a food processing plant licensed under s. 97.29
, or a meat establishment licensed under s. 97.42
, and used primarily for the storage of food ingredients or food products manufactured or processed at the licensed establishment.
A warehouse operated by a milk distributor licensed under s. 97.21 (3)
, and used primarily for the storage and distribution of milk and fluid milk products, as defined in s. 97.20 (1) (c)
A facility owned or operated by a consumer and used by that consumer to store food for the consumer's use.
"Frozen-food locker plant" means a warehouse in which individual locked compartments not exceeding 20 cubic feet in capacity are rented to consumers for the storage of food at temperatures at or below 5 degrees Fahrenheit.
"Frozen-food warehouse" means a warehouse at which food is to be stored at temperatures at or below 5 degrees Fahrenheit.
"Potentially hazardous food" means any food that can support rapid and progressive growth of infectious or toxicogenic microorganisms.
"Warehouse" means any building, room, structure or facility used for the storage of property.
(2) License required.
No person may operate a food warehouse without a valid license issued by the department for the food warehouse. A food warehouse license expires on June 30 annually. Every food warehouse shall have a separate license. A license is not transferable between persons or food warehouse locations. Application for a license shall be made on a form provided by the department and shall be accompanied by applicable fees required under sub. (3)
. An application shall include information reasonably required by the department for licensing purposes.
An applicant for a food warehouse license shall pay the license fee specified under sub. (3m)
If the department reinspects a food warehouse because the department finds a violation of this chapter or rules promulgated under this chapter on a regularly scheduled inspection, the department shall charge the food warehouse operator the reinspection fee specified under sub. (3m)
. A reinspection fee is payable by the food warehouse operator when the reinspection is completed, and is due upon written demand from the department. The department may issue a demand for payment when it issues a license renewal application form to the food warehouse operator.
Surcharge for operating without a license.
An applicant for a food warehouse license shall pay a license fee surcharge of $100 if the department determines that, within one year prior to submitting the license application, the applicant operated a food warehouse without a license in violation of this subsection. Payment of this license fee surcharge does not relieve the applicant of any other civil or criminal liability which results from the unlicensed operation of the food warehouse, but does not constitute evidence of a violation of law.
(3m) Fee amounts.
Unless otherwise established by department rule, the fees required under sub. (3)
For a food warehouse that stores potentially hazardous food, and that has fewer than 50,000 square feet of storage area, an annual license fee of $50 and a reinspection fee of $50.
For a food warehouse that stores potentially hazardous food, and that has 50,000 or more square feet of storage area, an annual license fee of $100 and a reinspection fee of $100.
For a food warehouse that does not store potentially hazardous food, and that has fewer than 50,000 square feet of storage area, an annual license fee of $25 and a reinspection fee of $50.
For a food warehouse that does not store potentially hazardous food, and that has 50,000 or more square feet of storage area, an annual license fee of $50 and a reinspection fee of $100.
(4) Licensing contingent on payment of fees.
The department may not issue or renew a food warehouse license unless the license applicant pays all fees which are due and payable under sub. (3)
, as set forth in a statement from the department. The department shall refund a fee paid under protest if the department determines that the fee was not due and payable as a condition of licensing under this section.
(5) Rule making.
The department may promulgate rules to establish the fees required under sub. (3)
or to govern the sanitary operation of food warehouses. Rules may include any of the following:
Standards for the construction and maintenance of food storage facilities.
Standards for the storage, identification and handling of food.
Record-keeping requirements to show the length of time that food is kept in storage.
Freezing and temperature requirements applicable to frozen-food warehouses, frozen-food locker plants and cold-storage warehouses.
See also ch. ATCP 71
, Wis. adm. code.
Food processing plants. 97.29(1)
In this section:
"Bakery" means any place where bread, crackers, pasta or pies, or any other food product for which flour or meal is the principal ingredient, are baked, cooked or dried, or prepared or mixed for baking, cooking or drying, for sale as food.
"Bottling establishment" means any place where drinking water, soda water beverage or alcohol beverage is manufactured or bottled for sale. "Bottling establishment" does not include a retail establishment engaged in the preparation and sale of beverages under a license issued under s. 125.26
or a restaurant permit or other permit issued under s. 254.64
"Canning" means the preservation and packaging in hermetically sealed containers of low-acid or acidified foods.
"Confectionary" means any place where candy, fruit, nutmeats or any other food product is manufactured, coated or filled with saccharine substances for sale as food.
"Drinking water" means water used or intended for use for human consumption. "Drinking water" includes distilled water, artesian water, spring water and mineral water, whether carbonated or uncarbonated, if consumed by humans or intended for human consumption.
"Food processing" means the manufacture or preparation of food for sale through the process of canning, extracting, fermenting, distilling, pickling, freezing, baking, drying, smoking, grinding, cutting, mixing, coating, stuffing, packing, bottling or packaging, or through any other treatment or preservation process. "Food processing" includes the activities of a bakery, confectionary or bottling establishment, and also includes the receipt and salvaging of distressed food for sale or use as food. "Food processing" does not include any of the following:
Activities covered under a meat or poultry establishment license issued under s. 97.42
The retail preparation and processing of meals for sale directly to consumers or through vending machines if the preparation and processing is covered under a restaurant permit or other permit issued under s. 254.64
The extraction of honey from the comb, or the production and sale of raw honey or raw bee products by a beekeeper.
The washing and packaging of fresh fruits and vegetables if the fruits and vegetables are not otherwise processed at the packaging establishment.
The receipt and salvaging of distressed food for sale or use as food if the food is received, salvaged and used solely by a charitable organization and if contributions to the charitable organization are deductible by corporations in computing net income under s. 71.26 (2) (a)
Any other activity exempted by the department by rule.
"Food processing plant" means any place where food processing is conducted. "Food processing plant" does not include any establishment subject to the requirements of s. 97.30
or any restaurant or other establishment holding a permit under s. 254.64
, to the extent that the activities of that establishment are covered by s. 97.30
or the permit under s. 254.64
"Soda water beverage" means all beverages commonly known as soft drinks or soda water, whether carbonated, uncarbonated, sweetened or flavored.
Except as provided under par. (b)
, no person may operate a food processing plant without a valid license issued by the department for that food processing plant. A license expires on March 31 annually. Each food processing plant shall have a separate license. A license is not transferable between persons or locations. Application for a license shall be made on a form provided by the department and be accompanied by the applicable fees required under sub. (3)
. An applicant shall identify the categories of food processing activities which the applicant proposes to conduct at the food processing plant. An application shall include additional information which may reasonably be required by the department for licensing purposes.
If a dairy plant licensed under s. 97.20
or a meat establishment licensed under s. 97.42
is incidentally engaged in the operation of a food processing plant at the same location, the department may exempt by rule the dairy plant or meat establishment from licensing under this section.
A person is not required to obtain a license under this section to sell at retail food products that the person prepares and cans at home in this state if all of the following apply:
The food products are pickles or other processed vegetables or fruits with an equilibrium pH value of 4.6 or lower.
The person sells the food products at a community or social event or a farmers' market in this state.
The person receives less than $5,000 per year from the sale of the food products.
The person displays a sign at the place of sale stating: "These canned goods are homemade and not subject to state inspection."
Each container of food product that is sold is labeled with the name and address of the person who prepared and canned the food product, the date on which the food product was canned, the statement "This product was made in a private home not subject to state licensing or inspection.", and a list of ingredients in descending order of prominence. If any ingredient originates from milk, eggs, fish, crustacean shellfish, tree nuts, wheat, peanuts, or soybeans, the list of ingredients shall include the common name of the ingredient.
No food processing plant may add a new category of food processing operations during the time period for which a food processing plant license was issued unless the operator of the food processing plant first notifies the department and obtains written authorization for the new category of operations. "New category of food processing operations" may include any of the following operations which were not identified on the most recent license application for the food processing plant:
Freezing, smoking or other food preservation operations which constitute a significant departure from the operations described in the most recent license application.
Any other category of food processing operations which constitutes a significant departure from the operations described in the most recent license application.