KP:skw
2019 - 2020 LEGISLATURE
September 27, 2019 - Introduced by Senators Marklein, Bernier, Feyen,
LeMahieu, Ringhand and Tiffany, cosponsored by Representatives Tranel,
Oldenburg, Dittrich, Edming, James, Kulp, Novak, Petryk, Pronschinske,
Quinn, Skowronski, Summerfield, Tauchen, Tusler, VanderMeer, Vorpagel
and Wittke. Referred to Committee on Agriculture, Revenue and Financial
Institutions.
SB463,1,2
1An Act to create 97.26 of the statutes;
relating to: labeling food as a type of
2dairy product or as a dairy ingredient and granting rule-making authority.
Analysis by the Legislative Reference Bureau
Under this bill, no person may label a food product as, or sell or offer for sale
a food product that is labeled as, a type of dairy product, such as cream, yogurt, or
cheese, unless the food product is a dairy product. This prohibition applies to most
dairy products but excludes milk and other products derived solely from the milk of
cows or other hooved or camelid mammals.
Also, under the bill, no person may label a food product as, or sell or offer for
sale a food product that is labeled as, a type of dairy ingredient unless the food
product is derived from cow's milk, or hooved or camelid mammal's milk or a type of
milk that meets certain specifications under federal law. The bill also requires the
Department of Agriculture, Trade and Consumer Protection to promulgate rules to
implement the bill's prohibitions.
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:
SB463,1
3Section
1. 97.26 of the statutes is created to read:
SB463,2,4
197.26 Labeling food as a type of dairy product. (1) Dairy Products. No
2person may label a food product as, or sell or offer for sale a food product that is
3labeled as, a type of dairy product described in s. 97.20 (1) (b) 3. to 5. or a similar term
4unless the food product is a dairy product, as defined in s. 97.20 (1) (b).
SB463,2,7
5(2) Dairy ingredients. No person may label a food product as, or sell or offer
6for sale a food product that is labeled as, a type of dairy ingredient unless the food
7product is derived from at least one of the following:
SB463,2,88
(a) Milk, lowfat milk, skim milk, or nonfat dry milk.
SB463,2,99(b) A product described in
21 CFR 131.110 to
131.147.
SB463,2,1010
(c) Hooved or camelid mammals' milk, as defined in s. 97.20 (1) (fm).
SB463,2,11
11(3) Rules. The department shall promulgate rules to implement this section.
SB463,2
12Section
2.
Effective date.
SB463,2,1413
(1)
This act takes effect on the first day of the 7th month beginning after
14publication.
