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2017 - 2018 LEGISLATURE
June 29, 2017 - Introduced by Representatives Vos, Schraa, Jarchow,
Weatherston, Petersen, Thiesfeldt, Murphy, Kleefisch, Horlacher and
Tusler. Referred to Committee on State Affairs.
AB412,1,4 1An Act to repeal 97.29 (2) (c) 1.; to renumber and amend 97.09 (4); to amend
297.29 (1) (g), 97.30 (1) (c), 134.63 (2) (b) 3. and 134.63 (5); and to create 97.09
3(4) (b) of the statutes; relating to: the regulation of bakeries and the sale of
4baked goods.
Analysis by the Legislative Reference Bureau
This bill eliminates the authority of the Department of Agriculture, Trade and
Consumer Protection to regulate the activities of a bakery and the sale of baked
goods. Under current law, a food processing license is generally required to operate
certain facilities at which food is manufactured or prepared for sale through
processes such as baking, canning, freezing, and bottling, and DATCP may
promulgate rules governing the operation of those facilities. 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, and DATCP has authority to promulgate
rules governing those operations, as well. Under current law, a bakery is defined as
a place where a food product that has flour or meal as its principal ingredient is
baked, cooked, or dried, or is prepared or mixed for baking, cooking, or drying.
Under the bill, performing the activities of a bakery does not require a food
processing license and is not subject to rules promulgated by DATCP governing the
operation of facilities at which food is manufactured or prepared. In addition, the bill
provides that a bakery is not required to be licensed as a retail food establishment
and is not subject to rules promulgated by DATCP governing the operation of retail
food establishments.

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:
AB412,1 1Section 1. 97.09 (4) of the statutes is renumbered 97.09 (4) (a) and amended
2to read:
AB412,2,73 97.09 (4) (a) The Except as provided in par. (b), the department may, by rule,
4establish and enforce standards governing the production, processing, packaging,
5labeling, transportation, storage, handling, display, sale, including retail sale, and
6distribution of foods that are needed to protect the public from the sale of adulterated
7or misbranded foods.
AB412,2 8Section 2. 97.09 (4) (b) of the statutes is created to read:
AB412,2,109 97.09 (4) (b) The department may not promulgate a rule regulating the
10activities of a bakery, as defined in s. 97.29 (1) (b).
AB412,3 11Section 3. 97.29 (1) (g) of the statutes is amended to read:
AB412,2,1812 97.29 (1) (g) “Food processing" means the manufacture or preparation of food
13for sale through the process of canning, extracting, fermenting, distilling, pickling,
14freezing, baking, drying, smoking, grinding, cutting, mixing, coating, stuffing,
15packing, bottling, or packaging, or through any other treatment or preservation
16process including baking, except for the activities of a bakery. “Food processing"
17includes the activities of a bakery, confectionary , or bottling establishment, and also
18includes the receipt and salvaging of distressed food for sale or use as food.
AB412,4 19Section 4. 97.29 (2) (c) 1. of the statutes is repealed.
AB412,5 20Section 5. 97.30 (1) (c) of the statutes is amended to read:
197.30 (1) (c) “Retail food establishment" means a permanent or mobile food
2processing facility where food processing is conducted primarily for direct retail sale
3to consumers at the facility, a mobile facility from which potentially hazardous food
4is sold to consumers at retail or a permanent facility from which food is sold to
5consumers at retail, whether or not that facility sells potentially hazardous food or
6is engaged in food processing. “Retail food establishment" includes a restaurant or
7temporary restaurant, but does not include an establishment holding a license under
8s. 97.605, to the extent that the activities of the establishment are covered by that
9license, and does not include a bakery, as defined in s. 97.29 (1) (b).
AB412,6 10Section 6. 134.63 (2) (b) 3. of the statutes is amended to read:
AB412,3,1211 134.63 (2) (b) 3. A retail food establishment, as defined in s. 97.30 (1) (c), or a
12bakery, as defined in s. 97.29 (1) (b)
AB412,7 13Section 7. 134.63 (5) of the statutes is amended to read:
AB412,3,1514 134.63 (5) Subsections (3) and (4) do not apply to a retail food establishment,
15as defined in s. 97.30 (1) (c), or a bakery, as defined in s. 97.29 (1) (b).
AB412,3,1616 (End)