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LRB-4689/1
MCP:klm
2015 - 2016 LEGISLATURE
February 11, 2016 - Introduced by Senators Stroebel, Vukmir and Tiffany,
cosponsored by Representatives Murphy, Craig, Kremer, Tittl, Edming,
Danou, Mason, Knodl, Kleefisch, Brandtjen, Berceau, Macco, Kooyenga,
Skowronski and Hutton. Referred to Committee on Agriculture, Small
Business, and Tourism.
SB721,1,5 1An Act to renumber 97.24 (3); to renumber and amend 97.22 (8); to amend
297.20 (2) (e) 1., 97.22 (2) (a), 97.24 (2) (a) and 97.24 (2) (b); and to create 97.22
3(2) (d), 97.22 (8) (bm), 97.24 (2m), 97.24 (3) (b) and 97.29 (1) (g) 1m. of the
4statutes; relating to: the sale of unpasteurized milk and unpasteurized milk
5products and an exemption from requirements for certain dairy farms.
Analysis by the Legislative Reference Bureau
This bill allows a dairy farmer to sell unpasteurized (raw) milk and raw milk
products such as butter and cheese directly to consumers on the farm where the milk
and milk products are produced. Current law generally prohibits the sale of raw milk
and raw milk products.
This bill also exempts certain dairy farmers from licensing requirements under
current law. Current law requires a dairy farmer to have a milk producer license
from the Department of Agriculture, Trade and Consumer Protection (DATCP) and
requires a facility that processes or manufactures dairy products such as butter or
cheese to have a dairy plant license from DATCP. Current law also requires a facility
engaging in food processing to have a food processing license from DATCP, but
provides an exception for dairy plants that have a dairy plant license. Under the bill,
a dairy farmer does not need to have a milk producer license if the only milk sold by
the dairy farmer is raw milk that is sold to consumers on the farm where the milk
is produced. The bill also exempts dairy farmers from needing a dairy plant or food
processing license if the only milk products that the dairy farmer processes or

manufactures are raw milk products for sale to consumers on the farm where the
milk is produced.
In addition, this bill exempts certain dairy farmers from the grade A permitting
requirements under current law. Current law prohibits the sale to consumers of milk
or fluid milk products that are not grade A milk or fluid milk products. A dairy
farmer or dairy plant operator selling grade A milk or grade A fluid milk products
must have a grade A permit. The standards for producing grade A milk and milk
products are more stringent than for non-grade A milk and milk products. Under
the bill, a dairy farmer may sell non-grade A raw milk or raw milk products directly
to consumers on the farm where the milk and milk products are produced.
Finally, this bill creates exemptions to DATCP rules relating to the operation
of dairy farms and dairy plants and the testing and quality of milk and milk products.
Under the bill, these DATCP rules do not apply to raw milk or raw milk products sold
directly to consumers on the farm or to the operation of a dairy farm or dairy plant
that does not sell or distribute milk or milk products other than raw milk or raw milk
products.
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:
SB721,1 1Section 1. 97.20 (2) (e) 1. of the statutes is amended to read:
SB721,2,42 97.20 (2) (e) 1. A farm manufacturing or processing dairy products solely for
3consumption by the owner or operator of the farm, or members of the household, or
4nonpaying guests or employees, or sale as authorized under s. 97.24 (2m).
SB721,2 5Section 2. 97.22 (2) (a) of the statutes is amended to read:
SB721,2,126 97.22 (2) (a) License required. No Except as provided in par. (d), no person may
7operate a dairy farm as a milk producer without a valid license issued by the
8department for that dairy farm. A license expires on April 30 annually and is not
9transferable between persons or dairy farms. Every Except as provided in par. (d),
10every
milk producer shall comply with standards applicable to the production of milk
11and fluid milk products under this chapter and rules promulgated under this
12chapter.
SB721,3
1Section 3. 97.22 (2) (d) of the statutes is created to read:
SB721,3,112 97.22 (2) (d)   Exemptions. A milk producer license under this section is not
3required for a milk producer that does not sell or distribute milk or milk products
4other than unpasteurized milk or unpasteurized milk products as authorized under
5s. 97.24 (2m). The standards applicable to the production of milk and fluid milk
6products under this chapter and rules promulgated under this chapter do not apply
7to unpasteurized milk or unpasteurized milk products that are sold or distributed
8as authorized under s. 97.24 (2m), or to the operation of a dairy farm by a milk
9producer that does not sell or distribute milk or milk products other than
10unpasteurized milk or unpasteurized milk products as authorized under s. 97.24
11(2m).
SB721,4 12Section 4. 97.22 (8) of the statutes is renumbered 97.22 (8) (am), and 97.22 (8)
13(am) (intro.), as renumbered, is amended to read:
SB721,3,1714 97.22 (8) (am) (intro.) The department may promulgate rules to establish the
15fees required under sub. (2) (b) or (4) (a) or to govern the operation of dairy farms by
16milk producers, subject to par. (bm). The rules may include standards for any of the
17following:
SB721,5 18Section 5. 97.22 (8) (bm) of the statutes is created to read:
SB721,3,2319 97.22 (8) (bm) The rules promulgated under par. (am) do not apply to
20unpasteurized milk or unpasteurized milk products that are sold or distributed as
21authorized under s. 97.24 (2m) or to the operation of a dairy farm by a milk producer
22that does not sell or distribute milk or milk products other than unpasteurized milk
23or unpasteurized milk products as authorized under s. 97.24 (2m).
SB721,6 24Section 6. 97.24 (2) (a) of the statutes is amended to read:
SB721,4,4
197.24 (2) (a) No person may sell or distribute any milk, other than
2unpasteurized milk as authorized under s. 97.24 (2m),
unless that milk is produced,
3processed and distributed in compliance with standards established by the
4department by rule under this chapter.
SB721,7 5Section 7. 97.24 (2) (b) of the statutes is amended to read:
SB721,4,126 97.24 (2) (b) No person may sell or distribute any milk or fluid milk products,
7other than unpasteurized milk or unpasteurized milk products as authorized under
8s. 97.24 (2m),
which are not grade A milk or grade A milk products to consumers, or
9to any restaurant, institution or retailer for consumption or resale to consumers.
10Grade A milk and grade A milk products shall be effectively pasteurized, and shall
11be produced, processed and distributed in compliance with standards established by
12the department by rule under this chapter.
SB721,8 13Section 8. 97.24 (2m) of the statutes is created to read:
SB721,4,1614 97.24 (2m) Sale of unpasteurized milk and unpasteurized milk products. (a)
15In this subsection, "milk products" means cultured buttermilk, kefir, yogurt, whey,
16ice cream, butter, and cheese.
SB721,4,1917 (b) A milk producer may sell unpasteurized milk and unpasteurized milk
18products directly to a consumer on the milk producer's dairy farm where the milk and
19milk products are produced.
SB721,9 20Section 9. 97.24 (3) of the statutes is renumbered 97.24 (3) (a).
SB721,10 21Section 10. 97.24 (3) (b) of the statutes is created to read:
SB721,5,222 97.24 (3) (b) The rules promulgated under par. (a) do not apply to
23unpasteurized milk or unpasteurized milk products that are sold or distributed as
24authorized under s. 97.24 (2m) or to the operation of a dairy farm by a milk producer

1that does not sell or distribute milk or milk products other than unpasteurized milk
2or unpasteurized milk products as authorized under s. 97.24 (2m).
SB721,11 3Section 11. 97.29 (1) (g) 1m. of the statutes is created to read:
SB721,5,54 97.29 (1) (g) 1m. Activities at a dairy farm that is not required to have a dairy
5plant license under s. 97.20 (2) (e) 1.
SB721,5,66 (End)
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