LRB-2435/1
RCT:kjf:rs
2009 - 2010 LEGISLATURE
April 23, 2009 - Introduced by Representatives Sherman, Berceau, Turner,
Milroy, Townsend, Mason, A. Ott, Jorgensen, Gunderson, Spanbauer,
Ballweg and Petrowski, cosponsored by Senators Taylor, Lehman, Olsen,
Holperin, Schultz, Lassa, Harsdorf and Plale. Referred to Committee on
Agriculture.
AB229,1,2
1An Act to renumber 97.29 (2) (b); and
to create 97.29 (2) (b) 2. and 97.29 (6) of
2the statutes;
relating to: the sale of home-canned food.
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 canning,
freezing, and bottling, with specified exemptions.
This bill provides an exemption from the requirement to obtain a food
processing plant license for the sale of home-prepared and home-canned, acidic
fruits or vegetables (such as pickles) at a community or social event or a farmers'
market by a person who receives less than $5,000 per year from the sale of the food
and who complies with requirements concerning notice and labeling.
The bill also requires DATCP to attempt to maximize the availability of
information and assistance to persons who wish to home process and home can foods
that are not naturally acidic.
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:
AB229, s. 1
3Section
1. 97.29 (2) (b) of the statutes is renumbered 97.29 (2) (b) 1.
AB229, s. 2
1Section
2. 97.29 (2) (b) 2. of the statutes is created to read:
AB229,2,42
97.29
(2) (b) 2. A person is not required to obtain a license under this section
3to sell at retail food products that the person prepares and cans at home in this state
4if all of the following apply:
AB229,2,65
a. The food products are pickles or other vegetables or fruits with an
6equilibrium pH value of 4.6 or lower.
AB229,2,87
b. The person sells the food products at a community or social event or a
8farmers' market in this state.
AB229,2,109
c. The person receives less than $5,000 per year from the sale of the food
10products.
AB229,2,1211
d. The person displays a sign at the place of sale stating: "These canned goods
12are homemade and not subject to state inspection."
AB229,2,1513
e. Each container of food product that is sold is labeled with the name and
14address of the person who prepared and canned the food product and the date on
15which the food product was canned.
AB229, s. 3
16Section
3. 97.29 (6) of the statutes is created to read:
AB229,2,2217
97.29
(6) Information about home canning. (a) The department shall
18encourage persons to whom the exemption in sub. (2) (b) 2. applies to attend and
19complete training, that is approved by the department, concerning preparing and
20canning foods and to have their recipes and processes reviewed by a person who is
21knowledgeable about the food canning industry and who is recognized by the
22department as an authority on preparing and canning food.
AB229,3,223
(b) The department, in cooperation with the University of
24Wisconsin-Extension, shall attempt to maximize the availability of information and
1technical services and support for persons who wish to home prepare and home can
2low-acid and acidified food products.
