2013 - 2014 LEGISLATURE
July 31, 2013 - Introduced by Senators Grothman,
Schultz, Leibham, Vukmir and
Tiffany, cosponsored by Representatives Murphy,
Danou, Clark, Doyle,
Knodl, Craig, Pridemore, Pope and Berceau. Referred to Committee on
Financial Institutions and Rural Issues.
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 fluid
milk products that are not grade A milk or fluid 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 to register with DATCP for the purpose of selling
unpasteurized milk and milk products directly to consumers on the farm. Under the
bill, a dairy farmer who is registered is not required to obtain a milk producer license
or a grade A permit if the dairy farmer does not send any milk to a dairy plant (also
called a processor) and sells no milk or milk products other than unpasteurized milk
and milk products sold on the farm. A dairy farmer who registers with DATCP may
sell unpasteurized milk and milk products if all of the following apply:
1. The dairy farmer or the consumer provides a clean container.
2. The milk or milk product is labeled with the name of the milk producer and
with an indication that the milk or milk product is not pasteurized.
3. The dairy farmer posts a sign stating "Raw milk products sold here. Raw
milk products are not pasteurized."
4. The unpasteurized milk complies with the DATCP rules for grade A milk
concerning appearance and odor, bacterial count, drug residues, somatic cell count
(a measure of milk quality), temperature, and pesticides and toxic substances.
5. The milk producer complies with the DATCP rules concerning the water
supply for dairy operations.
Under the bill, DATCP's other rules governing the operation of dairy farms do
not apply to a registered dairy farmer who does not have a license or a grade A permit.
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:
97.20 (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).
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
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) (b) who does not sell milk or milk products
other than unpasteurized milk and milk products as authorized under s. 97.24 (2m) 2
(b) Except as provided in s. 97.24 (2m) (e) 4. and 5., the rules promulgated under 4
sub. (8) and s. 97.24 (3) do not apply to a milk producer described in par. (a) or to milk 5
or milk products produced by a milk producer described in par. (a).
97.24 (2m) of the statutes is created to read:
97.24 (2m) Sale of unpasteurized milk and milk products.
(a) In this 8
subsection, "milk products" means cultured buttermilk, kefir, yogurt, whey, ice 9
cream, butter, and cheese.
(b) A milk producer may register with the department for the purposes of par. 11
(d) The department may not specify additional requirements for registration 13
under par. (b).
(e) Notwithstanding subs. (2) (b) and (3), a milk producer who is registered 15
under par. (b) may sell unpasteurized milk and milk products directly to a consumer 16
on the milk producer's dairy farm if all of the following apply:
1. For each sale, either the milk producer or the consumer provides a clean 18
container for the milk or milk product.
2. The milk producer affixes to the container a label that includes the name of 20
the milk producer and, for milk, the words, "Raw milk—not pasteurized" or, for a 21
milk product, "Raw milk product—not pasteurized."
3. At the place where the milk and milk products are sold, the milk producer 23
displays a sign that is easy for a consumer to read and that states: "Raw milk 24
products sold here. Raw milk products are not pasteurized."
4. The unpasteurized milk that the milk producer sells or uses to make the milk 2
products complies with the standards for grade A milk in s. ATCP 60.15 (1), (2), (3), 3
(4), (5), and (6), Wis. Adm. Code.
5. The water supply used for the milk producer's operations complies with s. 5
ATCP 60.08, Wis. Adm. Code.