2013 - 2014 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO SENATE BILL 236
November 13, 2013 - Offered by
Committee on Financial Institutions and Rural
1An Act to renumber and amend
97.22 (6); and to create
97.20 (2) (e) 1m., 97.22 2
(1) (dm), 97.22 (3m), 97.22 (6) (c), 97.22 (9), 97.24 (1) (cg) and 97.24 (2m) of the 3
statutes; relating to: the sale of unpasteurized milk.
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 (which
is defined to include cream) that is not grade A milk. 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
production of milk, including the construction and operation of dairy farms, and the
testing and quality of milk.
This substitute amendment creates a grade 1 unpasteurized milk permit,
issued by DATCP, and allows a dairy farmer who holds a milk producer license and
a grade 1 unpasteurized milk permit to sell unpasteurized milk directly to consumers
on the farm. The substitute amendment specifies standards for bacterial content
and somatic cell counts (an indicator of animal health) in grade 1 unpasteurized milk
and requires the unpasteurized milk to be free of antibiotic drug residues. The
substitute amendment also imposes requirements relating to milk testing and
sampling, signs and labeling, and recordkeeping. DATCP's rules relating to the
production of milk that will be pasteurized apply to the production of grade 1
unpasteurized milk as long as they are not more stringent than the requirements
imposed by the substitute amendment.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
97.20 (2) (e) 1m. of the statutes is created to read:
(e) 1m. A dairy farm manufacturing or processing milk that is 3
unpasteurized, if the milk producer holds a grade 1 unpasteurized milk permit.
97.22 (1) (dm) of the statutes is created to read:
(dm) "Grade 1 unpasteurized milk" has the meaning given in s. 97.24 6
97.22 (3m) of the statutes is created to read:
97.22 (3m) Grade 1 unpasteurized milk permit.
No milk producer may sell or 9
distribute milk from the milk producer's dairy farm as grade 1 unpasteurized milk 10
without a valid grade 1 unpasteurized milk permit issued by the department for that 11
dairy farm. A grade 1 unpasteurized milk permit expires on April 30 annually and 12
is not transferable between persons or dairy farms. A grade 1 unpasteurized milk 13
permit may be issued in the form of an endorsement on a milk producer license under 14
97.22 (6) of the statutes is renumbered 97.22 (6) (intro.) and 16
amended to read:
97.22 (6) Dairy farm inspection; frequency.
(intro.) The department shall 18inspect do all of the following:
every dairy farm other than a grade A dairy farm or dairy farm with
20a grade 1 unpasteurized milk permit
at least once every 2 years
, and shall inspect.
every grade A dairy farm at the frequency required by the 2
department by rule under s. 97.24.
97.22 (6) (c) of the statutes is created to read:
(c) Inspect every dairy farm with a grade 1 unpasteurized milk permit 5
once every 2 years.
97.22 (9) of the statutes is created to read:
97.22 (9) Standards for grade 1 unpasteurized milk.
(a) Quality standards. 8
The quality standards for grade 1 unpasteurized milk are as follows:
1. The milk is free of Campylobacter, Salmonella, Listeria monocytogenes, and 10
Escherichia coli O157:H7.
2. The milk is free of antibiotic drug residue.
3. The standard plate count of the milk is no more than 10,000 bacteria per 13
4. The somatic cell count of the milk is no more than 600,000 cells per 15
5. The coliform count of the milk is no more than 10 bacteria per milliliter.
(b) Milk testing.
1. A milk producer with a grade 1 unpasteurized milk permit 18
shall demonstrate compliance with the standards under par. (a) as follows:
a. For the standards under par. (a) 1. and 2., through monthly tests.
c. For the standards in par. (a) 3. to 5., through tests performed in at least 4 of 21
each 6 consecutive months.
1m. If an antibiotic is administered to a milking animal, a milk producer with 23
a grade 1 unpasteurized milk permit may not sell milk from that milking animal 24
until testing of the milk shows that it is free of antibiotic drug residue.
2. A milk producer with a grade 1 unpasteurized milk permit shall have each 2
test required under subd. 1. or 1m. conducted by a laboratory with approval to 3
conduct the test from the department, the food safety agency of another state, or the 4
federal food and drug administration.
A milk producer with a grade 1 unpasteurized milk permit shall 6
take a representative sample of milk on each day of production, freeze the sample, 7
and preserve the frozen sample for not less than 15 days.
(e) Sign and labeling.
1. At the place where grade 1 unpasteurized milk is sold, 9
a milk producer with a grade 1 unpasteurized milk permit shall display a sign that 10
is easy for a consumer to read and that states: "Raw milk does not provide the 11
benefits of pasteurization. Raw milk may contain disease-causing pathogens. 12
Individuals with suppressed or compromised immune systems, including 13
individuals with diabetes or HIV/AIDS and individuals undergoing chemotherapy 14
or radiation therapy, women who are pregnant or nursing, and the very young or very 15
old are at higher risk from these pathogens."
2. A milk producer with a grade 1 unpasteurized milk permit shall affix to the 17
container in which grade 1 unpasteurized milk is sold a label that identifies the 18
product, states that the product is not pasteurized, and bears the name and address 19
of the milk producer, the date of the sale, and the statement in subd. 1.
A milk producer with a grade 1 unpasteurized milk permit 21
shall maintain a record of each sale of grade 1 unpasteurized milk that includes all 22
of the following information:
1. The product sold.
2. The quantity sold.
3. The date the product was produced.
4. The name, address, and telephone number of the person who bought the 2
(g) Access to information and samples.
1. A milk producer with a grade 1 4
unpasteurized milk permit shall make product samples and test results available for 5
inspection by the department, the department of health services, or a local health 6
department, as defined in s. 250.01 (4), at any reasonable time.
2. If the department, the department of health services, a federal agency, or a 8
local health department is investigating an illness or infection that may have been 9
caused by the consumption of milk produced by a milk producer with a grade 1 10
unpasteurized milk permit, the milk producer shall make sales records available for 11
inspection by the department, the department of health services, the federal agency, 12
or the local health department.
(h) Applicability of requirements.
1. If a requirement in a rule promulgated 14
under sub. (8) or s. 97.24 (3) is more stringent than a requirement in pars. (a) to (g), 15
the department may not apply the requirement in the rule to the production, 16
processing, or sale of grade 1 unpasteurized milk.
2. Except as provided in pars. (a) to (g), the department may not apply 18
requirements to the production, processing, or sale of grade 1 unpasteurized milk 19
that are more stringent than the requirements that apply to the production, 20
processing, or sale of grade A milk.
97.24 (1) (cg) of the statutes is created to read:
(cg) "Grade 1 unpasteurized milk" means milk that is not pasteurized, 23
that is produced in compliance with the standards in s. 97.22 (9) (a) to (c), and that 24
is produced, processed, and distributed in compliance with the applicable standards 25
under sub. (3) and s. 97.22 (8).
97.24 (2m) of the statutes is created to read: