2011 - 2012 LEGISLATURE
May 26, 2011 - Introduced by Senators Grothman, Darling, S. Fitzgerald,
Galloway, Hansen, Holperin, Kapanke, Lasee and Leibham, cosponsored by
Representatives Pridemore, Danou, Clark, Kooyenga, Krug, Thiesfeldt and
Tiffany. Referred to Committee on Agriculture, Forestry, and Higher
1An Act to amend
97.22 (2) (a); and to create
97.20 (2) (e) 1m., 97.22 (11) and 2
97.24 (2m) of the statutes; relating to: the sale of unpasteurized milk products
3and an exemption from rules and licensing and permitting requirements for
4certain dairy farms.
Analysis by the Legislative Reference Bureau
Current law generally prohibits the sale of unpasteurized (commonly called
raw) milk and other milk products and prohibits the sale to consumers of milk or milk
products that are not grade A milk or milk products. Current law requires a dairy
farmer to have a milk producer license from the Department of Agriculture, Trade
and Consumer Protection (DATCP) and requires a grade A permit from DATCP to
sell grade A milk. Also under current law, DATCP promulgates rules governing the
operation of dairy farms and the testing and quality of milk.
This bill allows a dairy farmer with a license and a grade A permit to register
with DATCP for the purpose of selling unpasteurized milk and milk products. The
bill also allows a dairy farmer who does not have a license or a grade A permit to
register with DATCP if the farmer milks fewer than 20 cows. A dairy farmer who
registers with DATCP may sell unpasteurized milk and milk products directly to a
consumer on the farm if the dairy farmer or the consumer provides a sanitary
container, the container is filled in a sanitary manner, and the dairy farmer posts a
sign stating "Raw milk products sold here. Raw milk products are not pasteurized."
Also, under the bill, DATCP's rules governing the operation of dairy farms and
the testing and quality of milk do not apply to a registered dairy farmer without a
license or a grade A permit if the farmer milks fewer than 20 cows.
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:
SB108, s. 1
97.20 (2) (e) 1m. of the statutes is created to read:
(e) 1m. A dairy farm manufacturing or processing milk products, as 3
defined in s. 97.24 (2m) (a), if the milk producer is authorized to sell milk products 4
under s. 97.24 (2m) (e).
SB108, s. 2
97.22 (2) (a) of the statutes is amended to read:
(a) License required. No Except as provided in sub. (11), no
may operate a dairy farm as a milk producer without a valid license issued by the 8
department for that dairy farm. A license expires on April 30 annually and is not 9
transferable between persons or dairy farms. Every
Except as provided in sub. (11),
milk producer shall comply with standards applicable to the production of milk 11
and fluid milk products under this chapter and rules promulgated under this 12
SB108, s. 3
97.22 (11) of the statutes is created to read:
97.22 (11) Exception.
(a) A license is not required under sub. (2) for a milk 15
producer registered under s. 97.24 (2m) (c) to sell unpasteurized milk and milk 16
products under s. 97.24 (2m) (e).
(b) The rules promulgated under sub. (8) and s. 97.24 (3) do not apply to a milk 18
producer registered under s. 97.24 (2m) (c) or to milk or milk products produced by 19
a milk producer registered under s. 97.24 (2m) (c).
SB108, s. 4
97.24 (2m) of the statutes is created to read:
97.24 (2m) Sale of unpasteurized milk and milk products.
(a) In this 3
subsection, "milk products" means buttermilk, kefir, yogurt, cottage cheese, ice 4
cream, butter, and cheese.
(b) A milk producer who has a grade A dairy farm permit under s. 97.22 (3) may 6
register with the department for the purposes of par. (e).
A milk producer who does not have a grade A dairy farm permit under s. 8
97.22 (3) or a milk producer license under s. 97.22 (2) may register with the 9
department for the purposes of par. (e) if the milk producer milks fewer than 20 cows.
(d) The department may not specify additional requirements for registration 11
under par. (b) or (c).
(e) Notwithstanding subs. (2) (b) and (3), a milk producer may sell 13
unpasteurized milk and milk products directly to a consumer on the milk producer's 14
dairy farm if all of the following apply:
1. The milk producer is registered under par. (b) or (c).
2. For each sale, either the milk producer or the consumer provides a sanitary 17
container for the milk or milk product that has been prepared in a sanitary manner 18
and the container is filled in a sanitary manner.
3. At the place where the milk and milk products are sold, the milk producer 20
displays a sign that is easy for a consumer to read and that states: "Raw milk 21
products sold here. Raw milk products are not pasteurized."