2019 - 2020 LEGISLATURE
January 16, 2020 - Introduced by Senators Jacque,
Smith, Olsen, Marklein,
Schachtner and Kapenga, cosponsored by Representatives Tranel,
Considine, Tauchen, Plumer, Kolste, Kulp, Brooks, Gundrum, VanderMeer,
Oldenburg, Edming, Novak, Vruwink, Doyle, Spreitzer, Born, Stubbs,
Mursau and Skowronski. Referred to Committee on Agriculture, Revenue
and Financial Institutions.
1An Act to create
97.25 (3m) of the statutes; relating to: using milk producer
2affidavits to substantiate claims that a dairy product is free of synthetic bovine
Analysis by the Legislative Reference Bureau
This bill prohibits the Department of Agriculture, Trade and Consumer
Protection from promulgating a rule that limits the duration that a signed, sworn,
and notarized affidavit from a milk producer may be used to substantiate a claim
that a dairy product does not contain synthetic bovine growth hormone.
Current law authorizes DATCP to promulgate rules that allow a dairy product
to be labeled as not containing synthetic bovine growth hormone. Using this
authority, DATCP has promulgated rules requiring a person who receives raw milk
from a milk producer, sells the milk or a dairy product made from the milk, and
claims that the milk or dairy product does not contain synthetic bovine growth
hormone to substantiate that claim by obtaining each year a signed, sworn, and
notarized affidavit from the milk producer certifying that the milk producer does not
use synthetic bovine growth hormone in the production of milk shipped to the person.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
97.25 (3m) of the statutes is created to read:
97.25 (3m) Duration of milk producer affidavits.
(a) In this subsection, “milk 2
producer affidavit” means a written, sworn, and notarized statement signed by a 3
milk producer that certifies to the person receiving the affidavit that the milk 4
producer does not use synthetic bovine growth hormone in the production of milk 5
delivered to the person.
(b) The department may not promulgate a rule under sub. (3) that limits the 7
duration that a milk producer affidavit may be used to substantiate a claim that a 8
dairy product contains no synthetic bovine growth hormone or is made from milk 9
produced without the use of synthetic bovine growth hormone.