2013 - 2014 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 485
January 3, 2014 - Offered by Representative Jacque.
AB485-ASA1,1,2 1An Act to amend 97.29 (2) (a) (intro.); and to create 97.28 of the statutes;
2relating to: the sale of eggs.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB485-ASA1,1 3Section 1. 97.28 of the statutes is created to read:
AB485-ASA1,1,4 497.28 Direct sale of eggs. (1) In this section:
AB485-ASA1,1,65 (a) "Candling" means carefully examining, in a dark place, the interior and
6exterior of a whole egg that is placed in front of a strong light source.
AB485-ASA1,1,97 (b) "Egg" means the shell egg of the domestic chicken, Gallus gallus domesticus,
8and of turkey, duck, goose, guinea, or other avian species whose eggs are used for
9human consumption.
AB485-ASA1,1,1110 (c) "Egg producer" means a person who sells eggs laid only by a bird or a flock
11of birds owned by that person.
AB485-ASA1,2,2
1(d) "Egg sales route" means one or more residences inhabited by consumers
2who regularly buy eggs from an egg producer who travels to the residences.
AB485-ASA1,2,53 (e) "Farmer's market" means a building, structure, or place where 2 or more
4individuals gather on a regular, recurring basis to sell, directly to the consumer, any
5of the following:
AB485-ASA1,2,76 1. Raw agricultural commodities that are grown, harvested, or collected by the
7individual.
AB485-ASA1,2,88 2. Food that is prepared by the individual.
AB485-ASA1,2,109 (f) "Nest-run egg" means an egg that is not washed, graded, or subject to
10candling before sale.
AB485-ASA1,2,12 11(2) An egg producer who satisfies all of the following need not obtain a license
12under s. 97.29 to sell eggs, including nest-run eggs:
AB485-ASA1,2,1413 (a) The number of egg-laying birds in the egg producer's flock does not exceed
14150.
AB485-ASA1,2,1615 (b) The egg producer sells the eggs directly to a consumer through one of the
16following venues:
AB485-ASA1,2,1717 1. At the premises where the eggs were laid.
AB485-ASA1,2,1818 2. At a farmers' market located in this state.
AB485-ASA1,2,1919 3. On an egg sales route.
AB485-ASA1,2,2120 (c) The egg producer packages the eggs in a carton that is labeled only with the
21following information:
AB485-ASA1,2,2222 1. The egg producer's name and address.
AB485-ASA1,2,2323 2. The date on which the egg producer packed the eggs into the carton.
AB485-ASA1,2,2524 3. A date that falls no more than 30 days after the date on which the eggs were
25packed by which the eggs must be sold.
AB485-ASA1,3,2
14. A statement indicating that the eggs in the package are ungraded and
2uninspected.
AB485-ASA1,3,53 (d) The egg producer keeps the eggs, packaged as provided under par. (c) and
4held, as packaged, for sale at a venue identified under par. (b), at an ambient
5temperature of 41 degrees Fahrenheit or below at all times.
AB485-ASA1,2 6Section 2. 97.29 (2) (a) (intro.) of the statutes is amended to read:
AB485-ASA1,3,167 97.29 (2) (a) Requirement. (intro.) Except as provided under par. (b) and s.
897.28
, no person may operate a food processing plant without a valid license issued
9by the department for that food processing plant. A license expires on March 31
10annually. Each food processing plant shall have a separate license. A license is not
11transferable between persons or locations. Application for a license shall be made
12on a form provided by the department and be accompanied by the applicable fees
13required under sub. (3). An applicant shall identify the categories of food processing
14activities which the applicant proposes to conduct at the food processing plant. An
15application shall include additional information which may reasonably be required
16by the department for licensing purposes.
AB485-ASA1,3 17Section 3. Initial applicability.
AB485-ASA1,3,1918 (1) This act first applies to the sale of eggs on the effective date of this
19subsection.
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