SB786: Bill Text

2025 - 2026 LEGISLATURE

LRB-4707/1

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2025 SENATE BILL 786

December 22, 2025 - Introduced by Senator Jacque, cosponsored by Representatives Kreibich, Subeck and Sinicki. Referred to Committee on Agriculture and Revenue.

SB786,1,5 An Act to renumber and amend 97.33 (2); to amend 97.29 (2) (b) 2. e., 97.29 (5), 97.30 (5) and 97.33 (3) (intro.); to create 97.01 (9g), 97.33 (2) (b) and 97.33 (6) (d) of the statutes; relating to: food allergen training and certificates of food protection practices, rules addressing food allergens, and granting rule- making authority.

Analysis by the Legislative Reference Bureau

This bill requires a restaurant operator or manager to receive food allergen training in order to obtain a certificate of food protection practices issued by the Department of Agriculture, Trade and Consumer Protection. The bill also requires any DATCP rule that governs food processing plants and retail food establishments and that addresses food allergens to cover all major food allergens, including sesame.

Under current law, a person may not operate or manage a restaurant unless the person holds a valid certificate of food protection practices issued by DATCP (certificate). DATCP generally may issue a certificate to an individual who completes a DATCP-approved examination demonstrating that the individual has basic knowledge of food protection practices. DATCP must, by rule, specify standards for approval of examinations. A certificate is valid for five years and a certificate holder generally must pass the examination again to renew the certificate.

The bill requires that an applicant for issuance or renewal of a certificate also receive training in basic allergen awareness principles approved by DATCP. DATCP must, by rule, specify standards for this training, which must include instruction and assessment of knowledge as to all of the following topics: 1) food allergies and major food allergens; 2) the dangers of food allergies, symptoms of an allergic reaction to food, and responding to emergencies involving allergic reactions; 3) proper food hygiene and cleaning methods and preventing cross-contact and allergen contamination; 4) communication with customers and staff about allergens and dietary restrictions; 5) the importance of food labels and proper food preparation for customers with food allergies; and 6) understanding gluten, including sources of gluten, symptoms of gluten intolerance and celiac disease, the importance of gluten-free food preparation and handling, and proper cleaning methods to prevent gluten contamination.

Current law generally requires food processing plants and retail food establishments, such as restaurants, to be licensed by DATCP. An exception allows a person to sell home-canned food products without holding a food processing plant license if certain requirements are met, including that the food product is labeled with a list of ingredients. If any ingredient originates from milk, eggs, fish, crustacean shellfish, tree nuts, wheat, peanuts, or soybeans, the list of ingredients must include the common name of the ingredient.

Under current law, DATCP may promulgate rules to govern the operation of food processing plants and retail food establishments. These rules may include, among other topics, standards for facilities; the cleaning and maintenance of equipment and utensils; personnel sanitation; food handling and storage; and food sources and food labeling.

The bill requires any DATCP rule that governs the operation of food processing plants or retail food establishments and that addresses food allergens to cover all major food allergens. The bill defines a “major food allergen” in accordance with federal law to mean any of the following:

1. Milk, egg, fish, crustacean shellfish, tree nuts, wheat, peanuts, soybeans, and sesame.

2. With limited exceptions, a food ingredient that contains protein derived from a food specified in item 1.

The bill also requires a person who sells home-canned food products, as described above, to include on the food product’s label the name of each ingredient that is a major food allergen, including sesame.

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:

SB786,1 Section 1. 97.01 (9g) of the statutes is created to read:

SB786,3,1 97.01 (9g) “Major food allergen” has the meaning given in 21 USC 321 (qq).

SB786,2 Section 2. 97.29 (2) (b) 2. e. of the statutes is amended to read:

SB786,3,10 97.29 (2) (b) 2. e. Each container of food product that is sold is labeled with the name and address of the person who prepared and canned the food product, the date on which the food product was canned, the statement “This product was made in a private home not subject to state licensing or inspection.”, and a list of ingredients in descending order of prominence. If any ingredient originates from milk, eggs, fish, crustacean shellfish, tree nuts, wheat, peanuts, or soybeans is a major food allergen, the list of ingredients shall include the common name of the ingredient each major food allergen.

SB786,3 Section 3. 97.29 (5) of the statutes is amended to read:

SB786,3,19 97.29 (5) Rule making. The department may promulgate rules to establish the fees required under sub. (3) (a) or (c) or to govern the operation of food processing plants. Rules may include standards for the construction and maintenance of facilities; the design, installation, cleaning and maintenance of equipment and utensils; personnel sanitation; food handling and storage; sanitary production and processing; and food sources and food labeling. Any rule promulgated under this subsection addressing food allergens shall cover all major food allergens.

SB786,4 Section 4. 97.30 (5) of the statutes is amended to read:

SB786,4,5 97.30 (5) Rule making. The department may promulgate rules to establish the fees required under sub. (3) or to govern the operation of retail food establishments. Rules may include standards for the construction and maintenance of facilities; the design, installation, cleaning and maintenance of equipment and utensils; personnel sanitation; food handling, display and storage; and food sources and food labeling. Any rule promulgated under this subsection addressing food allergens shall cover all major food allergens. No rule promulgated under this subsection may prohibit dogs from the premises of a retail food establishment that sells only previously packaged food.

SB786,5 Section 5. 97.33 (2) of the statutes is renumbered 97.33 (2) (intro.) and amended to read:

SB786,4,10 97.33 (2) (intro.) Except as provided in s. 93.135, the department may issue a certificate of food protection practices to an individual who satisfactorily completes to whom all of the following apply:

SB786,4,12 (a) The individual has satisfactorily completed an approved examination or who has achieved comparable compliance.

SB786,6 Section 6. 97.33 (2) (b) of the statutes is created to read:

SB786,4,16 97.33 (2) (b) The individual has received training in basic allergen awareness principles approved by the department as meeting the standards established under sub. (6) (d).

SB786,7 Section 7. 97.33 (3) (intro.) of the statutes is amended to read:

SB786,4,21 97.33 (3) (intro.) Each certificate is valid for 5 years from the date of issuance and, except as provided in s. 93.135, may be renewed by the certificate holder if he or she satisfactorily completes the training specified in sub. (2) (b) and all of the following:

SB786,8 Section 8. 97.33 (6) (d) of the statutes is created to read:

SB786,5,2 97.33 (6) (d) Specifying standards for training in basic allergen awareness principles under sub. (2) (b), which shall include instruction and assessment of knowledge as to all of the following topics:

SB786,5,3 1. Food allergies and major food allergens.

SB786,5,5 2. The dangers of food allergies, symptoms of an allergic reaction to food, and responding to emergencies involving allergic reactions.

SB786,5,7 3. Proper food hygiene and cleaning methods and preventing cross-contact and allergen contamination.

SB786,5,9 4. Communication with customers and staff about allergens and dietary restrictions.

SB786,5,11 5. The importance of food labels and proper food preparation for customers with food allergies.

SB786,5,14 6. Understanding gluten, including sources of gluten, symptoms of gluten intolerance and celiac disease, the importance of gluten-free food preparation and handling, and proper cleaning methods to prevent gluten contamination.

SB786,9 Section 9. Initial applicability.

SB786,5,19 (1) Certificate of food protection practices. The treatment of s. 97.33 (2) (b), (3) (intro.), and (6) (d) first applies to applications received by the department of agriculture, trade and consumer protection on the effective date of this subsection.

SB786,5,21 (2) Home-canned food products. The treatment of s. 97.29 (2) (b) 2. e. first applies to sales made on the effective date of this subsection.

SB786,10 Section 10. Effective date.

SB786,6,2 (1) This act takes effect on the first day of the 7th month beginning after publication.

SB786,6,3 (end)