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LRB-3473/1
MCP:amn
2017 - 2018 LEGISLATURE
June 1, 2017 - Introduced by Representatives Ott, Stafsholt, Rohrkaste,
Spreitzer, Sinicki, Kooyenga, Jarchow, Gannon, Jacque, Ballweg, C.
Taylor
, Ohnstad, Novak, Murphy, E. Brooks, Mursau, Genrich,
Weatherston, Brandtjen, Edming, Kleefisch, Skowronski, Tusler,
Thiesfeldt, Macco, Duchow and Quinn, cosponsored by Senators Harsdorf,
Ringhand, Moulton, Vinehout, Testin, LeMahieu, Vukmir, Bewley, Olsen,
Stroebel, Kapenga, Craig, Marklein and Hansen. Referred to Committee on
Small Business Development.
AB360,1,6 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., 97.29 (2) (be),
497.30 (1) (be), 97.30 (2) (b) 3., 97.30 (2) (b) 4., 97.30 (2) (be) and 97.30 (6) of the
5statutes; relating to: the sale of homemade baked goods and homemade
6canned 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 for certain facilities at which food is
manufactured or prepared for sale through processes such as baking, canning,
freezing, and bottling, with specified exemptions. If the food will be sold at retail at
the same location as it was manufactured or prepared, a retail food establishment
license may also be required.
This bill provides an exemption from the requirement to obtain a food
processing plant license or a retail food establishment 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. This bill also creates an identical exemption from the requirement to obtain
a retail food establishment license for the sale of these canned food products.
The bill also requires DATCP to provide information about the kinds of foods
that may be sold without a food processing plant license or a retail food establishment
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:
AB360,1 1Section 1. 97.29 (1) (he) of the statutes is created to read:
AB360,2,62 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.
AB360,2 7Section 2. 97.29 (1) (j) of the statutes is created to read:
AB360,2,108 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.
AB360,3 11Section 3. 97.29 (2) (b) 2. (intro.) of the statutes is amended to read:
AB360,3,3
197.29 (2) (b) 2. (intro.) A person is not required to obtain a license under this
2section to sell at retail, through face-to-face sales to consumers, food products that
3the person prepares and cans at home in this state if all of the following apply:
AB360,4 4Section 4. 97.29 (2) (b) 2. b. of the statutes is repealed and recreated to read:
AB360,3,55 97.29 (2) (b) 2. b. The person does not sell the food products door-to-door.
AB360,5 6Section 5. 97.29 (2) (b) 2. c. of the statutes is amended to read:
AB360,3,87 97.29 (2) (b) 2. c. The person receives less than $5,000 $7,500 in gross receipts
8per year from the sale of the food products.
AB360,6 9Section 6. 97.29 (2) (b) 2. e. of the statutes is amended to read:
AB360,3,1710 97.29 (2) (b) 2. e. Each container of food product that is sold is labeled with the
11name and address of the person who prepared and canned the food product, the date
12on which the food product was canned, the statement “This product was made in a
13private home not subject to state licensing or inspection.", and a list of ingredients
14in descending order of prominence. If any ingredient originates from milk, eggs, fish,
15crustacean shellfish, tree nuts, wheat, peanuts, or soybeans, the list of ingredients
16shall include the common name of the ingredient and, if the ingredient originates
17from fish, crustacean shellfish, or tree nuts, the common name of the source species
.
AB360,7 18Section 7. 97.29 (2) (b) 3. of the statutes is created to read:
AB360,3,2219 97.29 (2) (b) 3. A person is not required to obtain a license under this section
20to sell, through face-to-face sales to consumers for personal consumption and not for
21resale, food products that the person prepares and bakes at home in this state if all
22of the following apply:
AB360,3,2323 a. The food products are nonhazardous baked goods.
AB360,3,2424 b. The person registers with the department.
AB360,4,2
1c. The person receives less than $7,500 in gross receipts per year from the sale
2of the nonhazardous baked goods.
AB360,4,113 d. Each food product that is sold is labeled with the name or business name of
4the person who prepared and baked the food product; the city, state, and zip code of
5the person's residence; the person's telephone number or electronic mail address; the
6date on which the food product was baked; the statement “This product was made
7in a private home not subject to state licensing or inspection"; and a list of ingredients
8in descending order of prominence. If any ingredient originates from milk, eggs, fish,
9crustacean shellfish, tree nuts, wheat, peanuts, or soybeans, the list of ingredients
10shall include the common name of the ingredient and, if the ingredient originates
11from fish, crustacean shellfish, or tree nuts, the common name of the source species.
AB360,4,1312 e. The person displays a sign at the place of sale stating: “These baked goods
13are made in a private home not subject to state licensing or inspection."
AB360,4,1414 f. The person does not sell the food products door-to-door.
AB360,4,1815 g. The person has a written plan for recalling food products baked by the
16person, should a food recall become necessary, and documents what food products the
17person sells and when and where the sales take place, using a form specified by the
18department.
AB360,4,2119 h. The person has completed a class on food safety that is approved by the
20department and submits proof of completing the class when the person registers
21under subd. 3. b.
AB360,8 22Section 8. 97.29 (2) (be) of the statutes is created to read:
AB360,4,2423 97.29 (2) (be) Suspension of registration. The department may suspend the
24registration under par. (b) 3. b. of a person who violates par. (b) 3.
AB360,9 25Section 9. 97.29 (6) (title) of the statutes is amended to read:
AB360,5,1
197.29 (6) (title) Information about home canning and baking.
AB360,10 2Section 10. 97.29 (6) (a) of the statutes is amended to read:
AB360,5,103 97.29 (6) (a) The department shall encourage persons to whom the exemption
4in sub. (2) (b) 2. applies to attend and complete training, that is approved by the
5department,
concerning preparing and canning foods and to have their recipes and
6processes reviewed by a person who is knowledgeable about the food canning
7industry and who is recognized by the department as an authority on preparing and
8canning food
. The department shall encourage persons who register under sub. (2)
9(b) 3. b. to have their recipes and processes reviewed by a person who is
10knowledgeable about the baking industry
.
AB360,11 11Section 11. 97.29 (6) (b) of the statutes is amended to read:
AB360,5,2012 97.29 (6) (b) The department shall provide information about the kinds of foods
13that may be sold under sub. (2) (b) 2. and 3., about food safety, and about safe storage
14of baked goods, ingredients, and packaging materials to persons who wish to home
15prepare and home can high-acid and acidified food products or to sell home baked
16goods.
The department, in cooperation with the University of Wisconsin-Extension,
17shall attempt to maximize the availability of other information and technical
18services and support for persons who wish to home prepare and home can low-acid
19high-acid and acidified food products and persons who register under sub. (2) (b) 3.
20b. to sell nonhazardous baked goods
.
AB360,12 21Section 12. 97.30 (1) (be) of the statutes is created to read:
AB360,5,2322 97.30 (1) (be) “Nonhazardous baked goods" has the meaning given in s. 97.29
23(1) (he).
AB360,13 24Section 13. 97.30 (2) (b) 3. of the statutes is created to read:
AB360,6,3
197.30 (2) (b) 3. A person is not required to obtain a license under this section
2to sell, through face-to-face sales to consumers, food products that the person
3prepares and cans at home in this state if all of the following apply:
AB360,6,54 a. The food products are pickles or other processed vegetables or fruits with an
5equilibrium pH value of 4.6 or lower.
AB360,6,66 b. The person does not sell the food products door-to-door.
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