LRB-2790/1
JTK:cjs:ch
2003 - 2004 LEGISLATURE
August 26, 2003 - Introduced by Representatives D. Meyer, Petrowski, Suder,
Turner, Montgomery, Musser, Ott, Jeskewitz, Albers, Seratti, Hahn and
Friske, cosponsored by Senators Welch, Zien and Schultz, by request of
Wisconsin Claims Board. Referred to Joint Committee on Finance.
AB485,1,2
1An Act relating to: expenditure of $17,568.12 from the general fund in payment
2of a claim against the state made by Mullins Cheese, Inc.
Analysis by the Legislative Reference Bureau
This bill directs expenditure of $17,568.12 from the general fund in payment
of a claim against the state made by Mullins Cheese, Inc., against the Department
of Agriculture, Trade and Consumer Protection (DATCP). On May 1, 2002, DATCP
made an inspection of the claimant's plant to test its dairy products. The results of
its tests were not immediately available, and the claimant transferred some of its
whey cream that was affected by the tests to a dairy. DATCP then claimed that the
test results at the claimant's plant indicated excessive antibiotic residue. The
claimant also performed its own tests, which indicated that antibiotic residue was
not excessive. At the claimant's request, the federal Food and Drug Administration
also performed tests, and was able to identify the specific drug contained in the
product and determine that the residue of that drug was not excessive. While the
DATCP test results were pending, the dairy to which the claimant shipped whey
cream mixed it with product from other sources. While the federal test results were
pending, the claimant and the dairy destroyed some original and mixed products
that were affected by the tests and the claimant reimbursed the dairy for its loss.
DATCP asserts that it advised the claimant to hold and not intermingle any tested
products until the final test results were received. The claimant claimed $17,568.12,
representing the total value of the whey cream that was destroyed as a result of
DATCP's tests. On May 15, 2003, the Claims Board recommended that this claim
be paid on the basis of equitable principles (see 2003 Senate Journal, pp. 188-189).
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:
AB485, s. 1
1Section 1. Claim against the state. There is directed to be expended from
2the appropriation under section 20.505 (4) (d) of the statutes, as affected by the acts
3of 2003, $17,568.12 in payment of a claim against the state made by Mullins Cheese,
4Inc., Mosinee, Wisconsin, to compensate it for the costs of destruction of whey cream
5originating in its plant after the Department of Agriculture, Trade and Consumer
6Protection performed tests on May 1, 2002, that indicated excessive antibiotic
7residue in its milk. Acceptance of this payment releases this state and its officers,
8employees, and agents from any further liability resulting from damages incurred
9by the claimant as a result of state testing of its milk on this date.
