October 16, 2015 - Introduced by Representatives Rohrkaste, J. Ott, Spreitzer,
Allen, Ballweg, Bernier, E. Brooks, R. Brooks, Craig, Edming, Gannon,
Horlacher, Jacque, Kitchens, Kleefisch, Kooyenga, Kremer, Krug, T.
Larson
, Murphy, Mursau, A. Ott, Quinn, Steffen, Thiesfeldt, Danou,
Genrich, Jorgensen, Milroy, Ohnstad, Sinicki and C. Taylor, cosponsored by
Senators Harsdorf, Ringhand, Gudex, Marklein, Olsen, Bewley, Lassa and
Vinehout. Referred to Committee on Small Business Development.
AB417,1,5 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
This bill allows for the limited face-to-face sale of certain homemade baked and
canned foods without a licensing requirement.
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 bill 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 $7,500 per year from the sale
of the food, registers with DATCP, and complies with requirements concerning
training, 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 bill 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 bill 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 applies only if the person
receives less than $5,000 per year from the sale of the canned products. Under this
bill, the exemption applies if the person receives less than $7,500 per year from the
sales.
The bill 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:
AB417,1 1Section 1. 97.29 (1) (he) of the statutes is created to read:
AB417,2,62 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.
AB417,2 7Section 2. 97.29 (1) (j) of the statutes is created to read:
AB417,2,108 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.
AB417,3 11Section 3. 97.29 (2) (b) 2. (intro.) of the statutes is amended to read:
AB417,2,1412 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:
AB417,4 15Section 4. 97.29 (2) (b) 2. b. of the statutes is repealed and recreated to read:
AB417,2,1616 97.29 (2) (b) 2. b. The person does not sell the food products door-to-door.
AB417,5
1Section 5. 97.29 (2) (b) 2. c. of the statutes is amended to read:
AB417,3,32 97.29 (2) (b) 2. c. The person receives less than $5,000 $7,500 in gross receipts
3per year from the sale of the food products.
AB417,6 4Section 6. 97.29 (2) (b) 2. e. of the statutes is amended to read:
AB417,3,125 97.29 (2) (b) 2. e. Each container of food product that is sold is labeled with the
6name and address of the person who prepared and canned the food product, the date
7on which the food product was canned, the statement "This product was made in a
8private home not subject to state licensing or inspection.", and a list of ingredients
9in descending order of prominence. If any ingredient originates from milk, eggs, fish,
10crustacean shellfish, tree nuts, wheat, peanuts, or soybeans, the list of ingredients
11shall include the common name of the ingredient and, if the ingredient originates
12from fish, crustacean shellfish, or tree nuts, the common name of the source species
.
AB417,7 13Section 7. 97.29 (2) (b) 3. of the statutes is created to read:
AB417,3,1714 97.29 (2) (b) 3. A person is not required to obtain a license under this section
15to sell, through face-to-face sales to consumers for personal consumption and not for
16resale, food products that the person prepares and bakes at home in this state if all
17of the following apply:
AB417,3,1818 a. The food products are nonhazardous baked goods.
AB417,3,1919 b. The person registers with the department.
AB417,3,2120 c. The person receives less than $7,500 in gross receipts per year from the sale
21of the nonhazardous baked goods.
AB417,4,522 d. Each food product that is sold is labeled with the name or business name of
23the person who prepared and baked the food product; the city, state, and zip code of
24the person's residence; the person's telephone number or electronic mail address; the
25date on which the food product was baked; the statement "This product was made

1in a private 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.
AB417,4,76 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."
AB417,4,88 f. The person does not sell the food products door-to-door.
AB417,4,129 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.
AB417,4,1513 h. The person has completed a class on food safety that is approved by the
14department and submits proof of completing the class when the person registers
15under subd. 3. b.
AB417,8 16Section 8. 97.29 (2) (be) of the statutes is created to read:
AB417,4,1817 97.29 (2) (be) Suspension of registration. The department may suspend the
18registration under par. (b) 3. b. of a person who violates par. (b) 3.
AB417,9 19Section 9. 97.29 (6) (title) of the statutes is amended to read:
AB417,4,2020 97.29 (6) (title) Information about home canning and baking.
AB417,10 21Section 10. 97.29 (6) (a) of the statutes is amended to read:
AB417,5,422 97.29 (6) (a) The department shall encourage persons to whom the exemption
23in sub. (2) (b) 2. applies to attend and complete training, that is approved by the
24department,
concerning preparing and canning foods and to have their recipes and
25processes reviewed by a person who is knowledgeable about the food canning

1industry and who is recognized by the department as an authority on preparing and
2canning food
. The department shall encourage persons who register under sub. (2)
3(b) 3. b. to have their recipes and processes reviewed by a person who is
4knowledgeable about the baking industry
.
AB417,11 5Section 11. 97.29 (6) (b) of the statutes is amended to read:
AB417,5,146 97.29 (6) (b) The department shall provide information about the kinds of foods
7that may be sold under sub. (2) (b) 2. and 3., about food safety, and about safe storage
8of baked goods, ingredients, and packaging materials to persons who wish to home
9prepare and home can high-acid and acidified food products or to sell home baked
10goods.
The department, in cooperation with the University of Wisconsin-Extension,
11shall attempt to maximize the availability of other information and technical
12services and support for persons who wish to home prepare and home can low-acid
13high-acid and acidified food products and persons who register under sub. (2) (b) 3.
14b. to sell nonhazardous baked goods
.
AB417,5,1515 (End)
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