97.13 Sale of fish flour regulated.
97.17 Buttermaker and cheesemaker license.
97.175 Butter and cheese grader license requirements.
97.176 Butter; grading; label.
97.177 Cheese; grading; labeling.
97.18 Oleomargarine regulations.
97.21 Milk haulers and milk distributors.
97.23 Drug residues in milk.
97.24 Milk and milk products.
97.25 Use of synthetic bovine growth hormone; labeling of dairy products.
97.28 Direct sale of eggs.
97.29 Food processing plants.
97.30 Retail food establishments.
97.32 Special dairy and food inspectors.
97.34 Bottled drinking water and soda water beverage; standards; sampling and analysis.
97.41 Retail food: agent status for local health departments.
97.42 Compulsory inspection of animals, poultry and carcasses.
97.43 Meat from dead or diseased animals.
97.44 Identification of meat for animal feed; registration and records of buyers.
97.45 Labeling of horsemeat.
97.57 Planted or cultivated rice.
Ch. 97 Cross-reference
Cross-reference: See definitions in s.
93.01.
97.01
97.01
Definitions. In this chapter, unless inconsistent with context:
97.01(1)
(1) "Butter" means the clean, nonrancid product made by gathering in any manner the fat of fresh or ripened milk or cream into a mass, which also contains a small portion of the other milk constituents, with or without salt or added coloring matter, and contains not less than 80% of milk fat. Renovated or process butter is the product made by melting butter and reworking, without the addition or use of chemicals or any substances except milk, cream or salt, and contains not more than 16% of water and at least 80% of milk fat.
97.01(3)
(3) "Contaminated with filth" applies to any food not securely protected from dust, dirt and, as far as may be necessary by all reasonable means, from all foreign or injurious contaminations.
97.01(4)
(4) "Department" means the department of agriculture, trade and consumer protection.
97.01(4m)
(4m) "Distressed food" means food, or packages or containers of food, that may have been damaged, or rendered unsafe or unsuitable for sale or use as food while being transported, stored, handled or sold or the food the label of which has been lost, defaced or obliterated.
97.01(5)
(5) "Federal act" means the federal food, drug and cosmetic act, as amended (Title
21 USC 301 et seq.) or the federal wholesome meat act, as amended (Title
21 USC 71 et seq.), or the federal poultry products inspection act, as amended (Title
21 USC 451 et seq.), or the federal fair packaging and labeling act (Title
15 USC 1451 et seq.) which may be applicable.
97.01(6)(a)
(a) Articles used for food or drink by persons.
97.01(6)(c)
(c) Articles used for components of matters specified in
pars. (a) and
(b).
97.01(8)
(8) "Label" means a display of written, printed or graphic matter upon the immediate container of any article. A requirement made under this chapter that any word, statement, or other information appear on the label shall not be considered to be complied with unless such word, statement or other information also appears on the outside container or wrapper if any, of the retail package of such article, or is easily legible through the outside container or wrapper. "Immediate container" does not include package liners.
97.01(9)
(9) "Labeling" means all labels and other written, printed or graphic matter upon an article or any of its containers or wrappers or accompanying the article.
97.01(10)(a)(a) "Milk" means the whole, fresh, clean, lacteal secretion obtained by the complete milking of one or more healthy cows. Milk shall contain not less than 3% of milk fat, and not less than 8.25% of milk solids not fat. Milk may be standardized by the addition or removal of cream or by the addition of skim milk. When so standardized milk sold in final package form shall contain not less than 3.25% of milk fat, and not less than 8.25% [8.7%] of milk solids not fat.
97.01(10)(b)
(b) "Lowfat milk" means milk from which sufficient milk fat has been removed to produce a food having a milk fat content of either 0.5%, 1%, 1.5% or 2% and a milk solids not fat content of not less than 10%.
97.01(10)(c)
(c) "Skim milk" means milk from which sufficient milk fat has been removed to reduce its milk fat content to less than 0.5% and which has a milk solids not fat content of not less than 9%.
97.01 Note
NOTE: Sub. (10), as renumbered, is shown as affected by
1983 Wis. Act 536. Act 536 amends (a) by deleting "8.25%" and inserting "8.7%", here shown in brackets. Act 536 also creates (b) and (c). The effective date of Act 536 is shown in Section 4 as follows:
Effective date text
Section 4. Effective date. This act takes effect on the first day of the 3rd month commencing after the governor certifies, by executive order directed to the secretary of agriculture, trade and consumer protection and published in the official state newspaper, that all states contiguous to the borders of this state have in effect milk content requirements identical to those requirements created by this act.
97.01(11)
(11) "Nonfat dry milk" means the product resulting from the removal of fat and water from milk, and contains the lactose, milk proteins and milk minerals in the same relative proportions as in the fresh milk from which made. It contains not over 5% by weight of moisture. The fat content is not over 1 1/2% by weight unless otherwise indicated.
97.01(12)
(12) "Package" means any container or wrapper in which any food is enclosed for use in the delivery or display of that food to retail purchasers, but does not include:
97.01(12)(a)
(a) Shipping containers or wrappings used solely for the transportation of any food in bulk or in quantity to manufacturers, packers or processors, or to wholesale or retail distributors.
97.01(12)(b)
(b) Shipping containers or outer wrappings used by retailers to ship or deliver any food to retail customers if such containers and wrappings bear no printed matter pertaining to any particular commodity.
97.01(13)
(13) "Pesticide chemical" means any substance which, alone, in chemical combination, or in formulation with one or more other substances is a "pesticide" within the meaning of
s. 94.67 (25) and which is used in the production, storage or transportation of raw agricultural commodities.
97.01(14)
(14) "Raw agricultural commodity" means any food in its raw or natural state, including all fruits that are washed, colored or otherwise treated in their unpeeled natural form prior to marketing.
97.01(14m)
(14m) "Salvaging distressed food" means reconditioning or preparing distressed food for sale or use as food, including cleaning, culling, sorting, scouring, labeling, packaging, processing or treating the food.
97.01(15)
(15) "Sell", "sale" or "sold" includes delivering, shipping, consigning, exchanging, offering or exposing for sale, or having in possession with intent to sell.
97.01(16)
(16) "Whey cream" means that portion of whey rich in milk fat which is separated from whey by centrifugal force, is fresh and clean and contains not less than 30% of milk fat.
97.02
97.02
Standards; adulterated food. For the purposes of this chapter, a food is adulterated if it is adulterated within the meaning of
21 USC 342.
97.02 Cross-reference
Cross-reference: See also ch.
ATCP 55, Wis. adm. code.
97.03
97.03
Standards; misbranding. For the purposes of this chapter, a food is misbranded if it is misbranded within the meaning of
21 USC 343.
97.03 Cross-reference
Cross-reference: See also ch.
ATCP 55, Wis. adm. code.
97.07
97.07
Interpretation. If an article is alleged to be misbranded because the labeling is misleading, then in determining whether the labeling is misleading, there shall be taken into account not only representations made or suggested by statement, word, design, device, sound, or any combination thereof, but also the extent to which the labeling fails to reveal facts material in the light of such representations or material with respect to consequences which may result from the use of the article to which the labeling relates under the conditions of use prescribed in the labeling or under such conditions of use as are customary or usual.
97.09(1)(1) Definitions and standards of identity, composition, quality and fill of container for foods, and amendments thereto, now or hereafter adopted under the federal act or this chapter are definitions and standards of identity, composition, quality and fill of container under
s. 97.03. However, when such action will promote honesty and fair dealing in the interest of consumers, the department may amend, stay or reject such federal regulations or make rules establishing definitions and standards of identity, composition, quality and fill of container for foods where no federal regulations exist, or which differ from federal regulations.
97.09 Note
NOTE: Sub. (1) is shown as affected by
1983 Wis. Act 536, which adds "or this chapter". The effective date of Act 536, is shown in Section 4 as follows:
Effective date text
Section 4. Effective date. This act takes effect on the first day of the 3rd month commencing after the governor certifies, by executive order directed to the secretary of agriculture, trade and consumer protection and published in the official state newspaper, that all states contiguous to the borders of this state have in effect milk content requirements identical to those requirements created by this act.
97.09(2)
(2) Temporary permits granted under the federal act for interstate shipment of experimental packs of food varying from the requirements of federal definitions and standards of identity are automatically effective in this state under conditions set forth in such permits.
97.09(3)
(3) The department may also issue temporary marketing permits upon a convincing showing of need to continue a market study where the interests of consumers are safeguarded. Such permits are subject to terms and conditions prescribed by departmental rules but may not be issued for a period exceeding 6 months plus one renewal period of 6 months after departmental review.
97.09(4)
(4) The department may, by rule, establish and enforce standards governing the production, processing, packaging, labeling, transportation, storage, handling, display, sale, including retail sale, and distribution of foods that are needed to protect the public from the sale of adulterated or misbranded foods.
97.09(5)
(5) The department shall promulgate rules establishing standards and procedures for the labeling of organic food. The rules may establish a process whereby organizations, businesses and firms certify that foods represented as organic foods comply with established standards. In this subsection, "organic food" means any food that is marketed using "organic" or any derivative of "organic" in its labeling or advertising.
97.09 Cross-reference
Cross-reference: See also ch.
ATCP 55, Wis. adm. code.
97.10
97.10
Prohibited acts. 97.10(1)(1) The sale of any food that is adulterated or misbranded is prohibited.
97.10(2)
(2) It is unlawful to manufacture, prepare for sale, store, or sell food unless the food is protected from filth, flies, dust or other contamination or unclean, unhealthful or insanitary conditions.
97.10(3)
(3) No person shall be subject to the penalties of
s. 97.72 for having violated
sub. (1), if he or she establishes a guaranty or undertaking signed by, and containing the name and address of the person residing in this state from whom the article was received in good faith, to the effect that such article is not adulterated or misbranded within the meaning of
ss. 97.02 and
97.03.
97.10 History
History: 1971 c. 156;
1983 a. 261.
97.10 Cross-reference
Cross-reference: See also ch.
ATCP 55, Wis. adm. code.
97.12(1)(1) For the purpose of enforcing this chapter, the department and its agents may, at reasonable hours, enter and inspect any farm, factory, warehouse, building, room, establishment or place at or in which foods are manufactured, processed, packed, packaged, stored or held for sale, and may enter any vehicle used to transport or hold foods in commerce. The department and its agents may also secure samples or specimens of food and any product or substance that may affect food, examine and copy relevant documents and records and obtain photographic and other evidence needed to enforce this chapter. The department shall examine any samples secured and shall conduct other inspections and examinations needed to determine whether there is a violation of this chapter. The department shall pay or offer to pay the market value of samples taken.
97.12(2)(a)(a) Whenever any duly authorized inspector of the department has reasonable cause to believe that any food examined by him or her is adulterated or misbranded and is dangerous to health or misleading to the injury or damage of the purchaser or consumer, the inspector shall issue and deliver to the owner or custodian of the food a holding order prohibiting the sale or movement of the food for any purpose until the analysis or examination of the sample obtained has been completed. A holding order may be effective for a period of not longer than 14 days from the time of its delivery, but it may be reissued for one additional 14-day period if necessary to complete the analysis or examination of the food.
97.12(2)(b)
(b) No food described in any such holding order so issued and delivered shall be sold or moved for any purpose without the approval of the department until such analysis or examination has been completed within the time specified in
par. (a). If the department upon completed analysis or examination determines that the food described in such holding order is not adulterated or misbranded, then the owner or custodian thereof shall be promptly so notified in writing, and such holding order shall terminate upon such notification.
