LRB-3242/3
RCT:bjk&jld:md
2009 - 2010 LEGISLATURE
December 21, 2009 - Introduced by Senators Kreitlow, Grothman, Taylor,
Holperin, Darling, Kapanke, Leibham and Schultz, cosponsored by
Representatives Danou, Hilgenberg, Milroy, Gunderson, Ballweg,
Richards, Pope-Roberts, Berceau, Vos, Kerkman, LeMahieu, Roys, Soletski,
Sherman, Pridemore and
Newcomer. Referred to Committee on Agriculture
and Higher Education.
SB434,1,2
1An Act to create 97.24 (2m) of the statutes;
relating to: the sale of
2unpasteurized milk, buttermilk, butter, and cream.
Analysis by the Legislative Reference Bureau
Current law generally prohibits the sale of unpasteurized (commonly called
raw) milk and other milk products.
This bill authorizes a dairy farmer with a grade A dairy farm permit to sell
unpasteurized milk, buttermilk, butter, and cream directly to consumers on the farm
if the dairy farmer obtains a raw milk permit from the Department of Agriculture,
Trade and Consumer Protection, the container is prepared and filled in a sanitary
manner, and the dairy farmer displays a sign indicating that raw milk does not
provide the protection of pasteurization. The bill also provides that a dairy farmer
is not liable for selling a product as authorized by the bill, except in cases of willful
or wanton acts or omissions.
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:
SB434, s. 1
3Section
1. 97.24 (2m) of the statutes is created to read:
SB434,2,44
97.24
(2m) Sale of unpasteurized milk and milk products. (a) The
5department shall issue permits to sell unpasteurized milk and milk products for the
1purposes of par. (b). The department shall issue a permit under this paragraph, upon
2request, to any milk producer who has a grade A dairy farm permit under s. 97.22
3(3). The department may not specify additional requirements for a permit under this
4paragraph.
SB434,2,75
(b) Notwithstanding subs. (2) (b) and (3), a milk producer may sell
6unpasteurized milk, buttermilk, butter, and cream directly to a consumer on the milk
7producer's dairy farm if all of the following apply:
SB434,2,98
1. The milk producer has a permit to sell unpasteurized milk and milk products
9under par. (a).
SB434,2,1210
2. Either the milk producer or the consumer provides a sanitary container for
11the product that has been prepared in a sanitary manner and the container is filled
12in a sanitary manner.
SB434,2,1513
3. At the place where the products are sold, the milk producer displays a sign
14that is easy for a consumer to read and that states: "Raw milk products sold here.
15Raw milk products do not provide the protection of pasteurization."
SB434,2,1816
(c) A milk producer who sells a product in accordance with par. (b) is immune
17from civil liability for the death of or injury to an individual caused by the product,
18unless the death or injury was caused by willful or wanton acts or omissions.
