AB360: Bill Text

AB360,9 Section 9. 97.29 (6) (title) of the statutes is amended to read:

AB360,5,1 97.29 (6) (title) Information about home canning and baking.

AB360,10 Section 10. 97.29 (6) (a) of the statutes is amended to read:

AB360,5,10 97.29 (6) (a) The department shall encourage persons to whom the exemption in sub. (2) (b) 2. applies to attend and complete training, that is approved by the department, concerning preparing and canning foods and to have their recipes and processes reviewed by a person who is knowledgeable about the food canning industry and who is recognized by the department as an authority on preparing and canning food. The department shall encourage persons who register under sub. (2) (b) 3. b. to have their recipes and processes reviewed by a person who is knowledgeable about the baking industry.

AB360,11 Section 11. 97.29 (6) (b) of the statutes is amended to read:

AB360,5,20 97.29 (6) (b) The department shall provide information about the kinds of foods that may be sold under sub. (2) (b) 2. and 3., about food safety, and about safe storage of baked goods, ingredients, and packaging materials to persons who wish to home prepare and home can high-acid and acidified food products or to sell home baked goods. The department, in cooperation with the University of Wisconsin-Extension, shall attempt to maximize the availability of other information and technical services and support for persons who wish to home prepare and home can low-acid high-acid and acidified food products and persons who register under sub. (2) (b) 3. b. to sell nonhazardous baked goods.

AB360,12 Section 12. 97.30 (1) (be) of the statutes is created to read:

AB360,5,23 97.30 (1) (be) “Nonhazardous baked goods" has the meaning given in s. 97.29 (1) (he).

AB360,13 Section 13. 97.30 (2) (b) 3. of the statutes is created to read:

AB360,6,3 97.30 (2) (b) 3. A person is not required to obtain a license under this section to sell, through face-to-face sales to consumers, food products that the person prepares and cans at home in this state if all of the following apply:

AB360,6,5 a. The food products are pickles or other processed vegetables or fruits with an equilibrium pH value of 4.6 or lower.

AB360,6,6 b. The person does not sell the food products door-to-door.

AB360,6,8 c. The person receives less than $7,500 in gross receipts per year from the sale of the food products.

AB360,6,10 d. The person displays a sign at the place of sale stating: “These canned goods are homemade and not subject to state inspection."

AB360,6,18 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, the list of ingredients shall include the common name of the ingredient and, if the ingredient originates from fish, crustacean shellfish, or tree nuts, the common name of the source species.

AB360,14 Section 14. 97.30 (2) (b) 4. of the statutes is created to read:

AB360,6,23 97.30 (2) (b) 4. A person is not required to obtain a license under this section to sell, through face-to-face sales to consumers for personal consumption and not for resale, food products that the person prepares and bakes at home in this state if all of the following apply:

AB360,6,24 a. The food products are nonhazardous baked goods.

AB360,6,25 b. The person registers with the department.

AB360,7,2 c. The person receives less than $7,500 in gross receipts per year from the sale of the nonhazardous baked goods.

AB360,7,11 d. Each food product that is sold is labeled with the name or business name of the person who prepared and baked the food product; the city, state, and zip code of the person's residence; the person's telephone number or electronic mail address; the date on which the food product was baked; 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, the list of ingredients shall include the common name of the ingredient and, if the ingredient originates from fish, crustacean shellfish, or tree nuts, the common name of the source species.

AB360,7,13 e. The person displays a sign at the place of sale stating: “These baked goods are made in a private home not subject to state licensing or inspection."

AB360,7,14 f. The person does not sell the food products door-to-door.

AB360,7,18 g. The person has a written plan for recalling food products baked by the person, should a food recall become necessary, and documents what food products the person sells and when and where the sales take place, using a form specified by the department.

AB360,7,21 h. The person has completed a class on food safety that is approved by the department and submits proof of completing the class when the person registers under subd. 4. b.

AB360,15 Section 15. 97.30 (2) (be) of the statutes is created to read:

AB360,7,24 97.30 (2) (be) Suspension of registration. The department may suspend the registration under par. (b) 4. b. of a person who violates par. (b) 4.

AB360,16 Section 16. 97.30 (6) of the statutes is created to read:

AB360,8,7 97.30 (6) Information about home canning and baking. (a) The department shall encourage persons to whom the exemption in sub. (2) (b) 3. applies to attend and complete training concerning preparing and canning foods and to have their recipes and processes reviewed by a person who is knowledgeable about the food canning industry. The department shall encourage persons who register under sub. (2) (b) 4. b. to have their recipes and processes reviewed by a person who is knowledgeable about the baking industry.

AB360,8,16 (b) The department shall provide information about the kinds of foods that may be sold under sub. (2) (b) 3. and 4., about food safety, and about safe storage of baked goods, ingredients, and packaging materials to persons who wish to home prepare and home can high-acid and acidified food products or to sell home baked goods. The department, in cooperation with the University of Wisconsin-Extension, shall attempt to maximize the availability of other information and technical services and support for persons who wish to home prepare and home can high-acid and acidified food products and persons who register under sub. (2) (b) 4. b. to sell nonhazardous baked goods.

AB360,8,17 (End)