RCT:sac&jld:jf
2013 - 2014 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 182
August 20, 2013 - Offered by Representatives Brooks and Ringhand.
AB182-ASA1,1,5 1An Act to amend 97.29 (2) (b) 2. (intro.), 97.29 (2) (b) 2. c., 97.29 (2) (b) 2. e., 97.29
2(6) (title), 97.29 (6) (a) and 97.29 (6) (b); to repeal and recreate 97.29 (2) (b)
32. b.; and to create 97.29 (1) (he), 97.29 (1) (j), 97.29 (2) (b) 3. and 97.29 (2) (be)
4of the statutes; relating to: the sale of homemade baked goods and homemade
5canned goods.
Analysis by the Legislative Reference Bureau
Current law requires food processing plant licenses from the Department of
Agriculture, Trade and Consumer Protection (DATCP) for certain facilities at which
food is manufactured or prepared for sale through processes such as baking, canning,
freezing, and bottling, with specified exemptions.
This substitute amendment provides an exemption from the requirement to
obtain a food processing plant license for the face-to-face sale of nonhazardous
homemade baked goods to consumers by a person who receives less than $10,000 per
year from the sale of the food, registers with DATCP, and complies with requirements
concerning labeling, signage, and documenting sales. A baked good is nonhazardous
if it is acidic or has a low amount of moisture and will not support the growth of
dangerous organisms. The substitute amendment prohibits door to door sales under
the exemption.

Current law provides an exemption from the requirement to obtain a food
processing plant license for the sale of food products, such as pickles, that are
prepared and canned by a person at home if certain requirements are met. Under
current law, the sales of the canned products must take place at a community or
social event or a farmer's market. This substitute amendment replaces that
requirement with a requirement that the sales be face-to-face sales to consumers,
but prohibits door to door sales. Under current law, the exemption only applies if the
person receives less than $5,000 per year from the sale of the canned products. Under
this substitute amendment, the exemption applies if the person receives less than
$10,000 per year from the sales.
The substitute amendment also requires DATCP to provide information about
the kinds of foods that may be sold without a food processing license, about food
safety, and about safe storage of baked goods, ingredients, and packaging materials.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB182-ASA1,1 1Section 1. 97.29 (1) (he) of the statutes is created to read:
AB182-ASA1,2,62 97.29 (1) (he) "Nonhazardous baked goods" means baked goods that either
3have a water activity value of 0.85 or less or an equilibrium pH value of 4.6 or lower,
4that will not, in whole or part, support growth of or toxin formation by pathogenic
5microorganisms, and that do not, in whole or part, contain pathogenic organisms at
6a level sufficient to cause illness when the food is consumed.
AB182-ASA1,2 7Section 2. 97.29 (1) (j) of the statutes is created to read:
AB182-ASA1,2,108 97.29 (1) (j) "Water activity value" means a measure of free moisture in a food
9product, calculated by dividing the water vapor pressure of the food product by the
10vapor pressure of pure water at the same temperature.
AB182-ASA1,3 11Section 3. 97.29 (2) (b) 2. (intro.) of the statutes is amended to read:
AB182-ASA1,2,1412 97.29 (2) (b) 2. (intro.) A person is not required to obtain a license under this
13section to sell at retail, through face-to-face sales to consumers, food products that
14the person prepares and cans at home in this state if all of the following apply:
AB182-ASA1,4 15Section 4. 97.29 (2) (b) 2. b. of the statutes is repealed and recreated to read:
AB182-ASA1,3,1
197.29 (2) (b) 2. b. The person does not sell the food products door-to-door.
AB182-ASA1,5 2Section 5. 97.29 (2) (b) 2. c. of the statutes is amended to read:
AB182-ASA1,3,43 97.29 (2) (b) 2. c. The person receives less than $5,000 $10,000 in gross receipts
4per year from the sale of the food products.
AB182-ASA1,6 5Section 6. 97.29 (2) (b) 2. e. of the statutes is amended to read:
AB182-ASA1,3,136 97.29 (2) (b) 2. e. Each container of food product that is sold is labeled with the
7name and address of the person who prepared and canned the food product, the date
8on which the food product was canned, the statement "This product was made in a
9private home not subject to state licensing or inspection.", and a list of ingredients
10in descending order of prominence. If any ingredient originates from milk, eggs, fish,
11crustacean shellfish, tree nuts, wheat, peanuts, or soybeans, the list of ingredients
12shall include the common name of the ingredient and, if the ingredient originates
13from fish, crustacean shellfish, or tree nuts, the common name of the source species
.
AB182-ASA1,7 14Section 7. 97.29 (2) (b) 3. of the statutes is created to read:
AB182-ASA1,3,1815 97.29 (2) (b) 3. A person is not required to obtain a license under this section
16to sell, through face-to-face sales to consumers for personal consumption and not for
17resale, food products that the person prepares and bakes at home in this state if all
18of the following apply:
AB182-ASA1,3,1919 a. The food products are nonhazardous baked goods.
AB182-ASA1,3,2020 b. The person registers with the department.
AB182-ASA1,3,2221 c. The person receives less than $10,000 in gross receipts per year from the sale
22of the nonhazardous baked goods.
AB182-ASA1,4,523 d. Each food product that is sold is labeled with the name, address, and contact
24information of the person who prepared and baked the food product, the date on
25which the food product was baked, the statement "This product was made in a

1private home not subject to state licensing or inspection.", and a list of ingredients
2in descending order of prominence. If any ingredient originates from milk, eggs, fish,
3crustacean shellfish, tree nuts, wheat, peanuts, or soybeans, the list of ingredients
4shall include the common name of the ingredient and, if the ingredient originates
5from fish, crustacean shellfish, or tree nuts, the common name of the source species.
AB182-ASA1,4,76 e. The person displays a sign at the place of sale stating: "These baked goods
7are made in a private home not subject to state licensing or inspection."
AB182-ASA1,4,88 f. The person does not sell the food products door-to-door.
AB182-ASA1,4,129 g. The person has a written plan for recalling food products baked by the
10person, should a food recall become necessary, and documents what food products the
11person sells and when and where the sales take place, using a form specified by the
12department.
AB182-ASA1,8 13Section 8. 97.29 (2) (be) of the statutes is created to read:
AB182-ASA1,4,1514 97.29 (2) (be) Suspension of registration. The department may suspend the
15registration under par. (b) 3. b. of a person who violates par. (b) 3.
AB182-ASA1,9 16Section 9. 97.29 (6) (title) of the statutes is amended to read:
AB182-ASA1,4,1717 97.29 (6) (title) Information about home canning and baking.
AB182-ASA1,10 18Section 10. 97.29 (6) (a) of the statutes is amended to read:
AB182-ASA1,5,219 97.29 (6) (a) The department shall encourage persons to whom the exemption
20in sub. (2) (b) 2. applies to attend and complete training, that is approved by the
21department,
concerning preparing and canning foods and to have their recipes and
22processes reviewed by a person who is knowledgeable about the food canning
23industry and who is recognized by the department as an authority on preparing and
24canning food
. The department shall encourage persons who register under sub. (2)
25(b) 3. b. to attend and complete training concerning preparing nonhazardous baked

1goods and to have their recipes and processes reviewed by a person who is
2knowledgeable about the baking industry
.
AB182-ASA1,11 3Section 11. 97.29 (6) (b) of the statutes is amended to read:
AB182-ASA1,5,124 97.29 (6) (b) The department shall provide information about the kinds of foods
5that may be sold under sub. (2) (b) 2. and 3., about food safety, and about safe storage
6of baked goods, ingredients, and packaging materials to persons who wish to home
7prepare and home can high-acid and acidified food products or to sell home baked
8goods.
The department, in cooperation with the University of Wisconsin-Extension,
9shall attempt to maximize the availability of other information and technical
10services and support for persons who wish to home prepare and home can low-acid
11high-acid and acidified food products and persons who register under sub. (2) (b) 3.
12b. to sell nonhazardous baked goods
.
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