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LRB-3960/1
ARG&MCP:emw
2017 - 2018 LEGISLATURE
January 12, 2018 - Introduced by Representatives Krug, Macco, Mursau, Quinn,
Skowronski, Subeck and Tusler, cosponsored by Senator L. Taylor. Referred
to Committee on Tourism.
AB826,1,2 1An Act to amend 100.26 (1) and 125.06 (3m) (b); and to create 100.188 and
2125.32 (7) (c) of the statutes; relating to: state-certified Wisconsin beer.
Analysis by the Legislative Reference Bureau
This bill creates a process for certification of fermented malt beverages (beer)
by the Department of Agriculture, Trade and Consumer Protection as
“state-certified Wisconsin beer.” Upon application, DATCP must review a beer's
formula or recipe, including the source of ingredients, and determine whether the
beer is made with at least the following percentage, by weight, of its hops grown or
manufactured in this state and at least the following percentage, by weight, of all of
its other ingredients, excluding water, grown in this state: 1) 20 percent, for
determinations made before January 1, 2020; 2) 60 percent, for determinations made
on or after January 1, 2020, but before January 1, 2024; and 3) 80 percent, for
determinations made on or after January 1, 2024. If DATCP determines that the
applicable criteria are satisfied, DATCP must issue a certification for the beer as
“state-certified Wisconsin beer.” This certification remains valid for as long as the
beer's formula or recipe, including the source of ingredients, does not materially
change, except that the certification expires on the dates on which the percentage
requirement described above increases. DATCP must keep confidential any
formula, recipe, or other information submitted to it for review.
Current law includes certain beer labeling requirements under the
enforcement jurisdiction of the Department of Revenue. Under this bill, beer sold
or offered for sale in this state may not display a label identifying it as “state-certified
Wisconsin beer,” or contain confusingly similar wording, unless DATCP has issued

such a certification for the beer and the certification is valid at the time the beer is
sold or offered for sale in this state.
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:
AB826,1 1Section 1. 100.188 of the statutes is created to read:
AB826,2,4 2100.188 Certification of fermented malt beverages. (1) In this section,
3“fermented malt beverages” means “fermented malt beverages,” as defined in s.
4125.02 (6), that may be labeled as beer under federal labeling laws.
AB826,2,10 5(2) (a) Upon application, the department shall review the formula or recipe for
6fermented malt beverages, including the source of ingredients, and determine
7whether the fermented malt beverages are made with no less than the following
8percentage, by weight, of its hops grown or manufactured in this state and no less
9than the following percentage, by weight, of all of its other ingredients, excluding
10water, grown in this state:
AB826,2,1111 1. For determinations made before January 1, 2020, 20 percent.
AB826,2,1312 2. For determinations made on or after January 1, 2020, but before January
131, 2024, 60 percent.
AB826,2,1414 3. For determinations made on or after January 1, 2024, 80 percent.
AB826,2,1915 (b) If the department determines that the applicable criteria under par. (a) are
16satisfied, the department shall issue a certification for the fermented malt beverages
17as “state-certified Wisconsin beer.” The department may require the applicant to
18provide any information the department considers necessary to determine if the
19criteria under par. (a) are satisfied.
AB826,3,4
1(c) Subject to par. (d), the certification under par. (b) shall remain valid for as
2long as the formula or recipe for the fermented malt beverages, including the source
3of ingredients, does not materially change, except that any certification shall expire
4as follows:
AB826,3,65 1. For any certification made before January 1, 2020, the certification expires
6on December 31, 2019.
AB826,3,87 2. For any certification made on or after January 1, 2020, but before January
81, 2024, the certification expires on December 31, 2023.
AB826,3,119 (d) The department may revoke a certification issued under this section if the
10department determines that the certification was issued as a result of materially
11false information provided by the applicant.
AB826,3,13 12(3) The department shall keep confidential any formula, recipe, or other
13information submitted to the department for review under this section.
AB826,2 14Section 2. 100.26 (1) of the statutes is amended to read:
AB826,3,1815 100.26 (1) Any person who violates any provision of this chapter, except s.
16100.18, 100.188, 100.20, 100.206 or 100.51, for which no specific penalty is prescribed
17shall be fined not to exceed $200, or imprisoned in the county jail not more than 6
18months or both.
AB826,3 19Section 3. 125.06 (3m) (b) of the statutes is amended to read:
AB826,4,1520 125.06 (3m) (b) Notwithstanding ss. 125.14 (5), 125.315, 125.32 (6) (a), 125.34
21(2) and (5), and 125.67, a person who is not a licensee under this chapter may at a
22private residence, and a person who is a licensee under this chapter may on the
23licensed premises, conduct, sponsor, or host a contest, competition, or other event for
24the exhibition, demonstration, judging, tasting, or sampling of homemade wine or
25fermented malt beverages made in compliance with the limitations specified in sub.

1(3) (a) if the person does not sell the wine or fermented malt beverages and, unless
2the person is the maker of the wine or fermented malt beverages, does not acquire
3any ownership interest in the wine or fermented malt beverages. No fee may be
4charged for consumption of homemade wine or fermented malt beverages at the
5contest, competition, or other event. If the contest, competition, or other event is held
6on licensed premises, the licensee may allow the homemade wine or fermented malt
7beverages to be stored on the premises if the homemade wine or fermented malt
8beverages are clearly identified and kept separate from any alcohol beverages owned
9by the licensee. If the contest, competition, or other event is held on licensed
10premises, the provisions of ss. 125.32 (7) (a) and (b) and 125.68 (9) (e) do not apply
11with respect to the homemade wine or fermented malt beverages. If the contest,
12competition, or other event is held on licensed premises, the licensee shall comply
13with all provisions of this chapter and local ordinances that would apply if the
14fermented malt beverages or wine were not homemade, except those provisions made
15specifically inapplicable under this paragraph.
AB826,4 16Section 4. 125.32 (7) (c) of the statutes is created to read:
AB826,4,2217 125.32 (7) (c) No container of fermented malt beverages sold or offered for sale
18in this state may display a label identifying the fermented malt beverages as
19“state-certified Wisconsin beer,” or contain confusingly similar wording, unless the
20department of agriculture, trade and consumer protection has issued a certification
21for the fermented malt beverages under s. 100.188 and the certification is valid at
22the time the fermented malt beverages are sold or offered for sale in this state.
AB826,5 23Section 5. Effective date.
AB826,5,2
1(1) This act takes effect on the first day of the 5th month beginning after
2publication.
AB826,5,33 (End)
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