97.2597.25 Use of synthetic bovine growth hormone; labeling of dairy products. 97.25(1)(1) Definitions. In this section: 97.25(1)(b)(b) “Dairy product” means cow’s milk or any product or by-product derived solely from cow’s milk, or any item in which cow’s milk or any product or by-product derived solely from cow’s milk is a principal ingredient. 97.25(2)(2) Prohibition. No person may place upon the label of a dairy product a statement indicating that the dairy product is not produced from herds being administered synthetic bovine growth hormone except as provided in sub. (3). 97.25(3)(3) Rules. The department shall promulgate rules authorizing the operator of a dairy plant licensed under s. 97.20 or a retail food establishment licensed under s. 97.30 who complies with the rules to place upon the label of a dairy product the statement “Farmer-certified rBGH free.” or an equivalent statement that is not false or misleading. The statement shall be based upon affidavits from milk producers stating that the milk producers do not use synthetic bovine growth hormone for the production of milk. 97.25(3m)(3m) Duration of milk producer affidavits. 97.25(3m)(a)(a) In this subsection, “milk producer affidavit” means a written, sworn, and notarized statement signed by a milk producer that certifies to the person receiving the affidavit that the milk producer does not use synthetic bovine growth hormone in the production of milk delivered to the person. 97.25(3m)(b)(b) The department may not promulgate a rule under sub. (3) that limits the duration that a milk producer affidavit may be used to substantiate a claim that a dairy product contains no synthetic bovine growth hormone or is made from milk produced without the use of synthetic bovine growth hormone. 97.25(4)(4) Reciprocity. A person may sell a dairy product that is labeled for retail sale in another state the label of which indicates that the dairy product is not produced from herds being administered synthetic bovine growth hormone only if the dairy product is from a state identified by the department as having laws comparable to this state’s laws on labeling dairy products not produced with synthetic bovine growth hormone and is labeled in compliance with the laws of that state. 97.25 Cross-referenceCross-reference: See also ch. ATCP 83, Wis. adm. code. 97.2797.27 Food warehouses. 97.27(1)(1) Definitions. In this section: 97.27(1)(a)(a) “Cold-storage warehouse” means a warehouse in which food is to be stored at temperatures between zero and 50 degrees Fahrenheit. 97.27(1)(b)(b) “Food warehouse” means a warehouse used for the storage of food, and includes a cold-storage warehouse, frozen-food warehouse and frozen-food locker plant. “Food warehouse” does not include: 97.27(1)(b)2.2. A warehouse used solely for the storage of grain or other raw agricultural commodities. 97.27(1)(b)3.3. A retail food establishment or other retail facility at which food is stored on a temporary basis incidental to retail preparation or sale. 97.27(1)(b)4.4. A warehouse located in a dairy plant licensed under s. 97.20, a food processing plant licensed under s. 97.29, or a meat establishment licensed under s. 97.42, and used primarily for the storage of food ingredients or food products manufactured or processed at the licensed establishment. 97.27(1)(b)6.6. A facility owned or operated by a consumer and used by that consumer to store food for the consumer’s use. 97.27(1)(c)(c) “Frozen-food locker plant” means a warehouse in which individual locked compartments not exceeding 20 cubic feet in capacity are rented to consumers for the storage of food at temperatures at or below 5 degrees Fahrenheit. 97.27(1)(d)(d) “Frozen-food warehouse” means a warehouse at which food is to be stored at temperatures at or below 5 degrees Fahrenheit. 97.27(1)(dm)(dm) “Potentially hazardous food” means any food that can support rapid and progressive growth of infectious or toxicogenic microorganisms. 97.27(1)(f)(f) “Warehouse” means any building, room, structure or facility used for the storage of property. 97.27(2)(2) License required. No person may operate a food warehouse without a valid license issued by the department for the food warehouse. A food warehouse license expires on June 30 annually, except that a license issued for a new food warehouse on or after March 30 but before July 1 expires on June 30 of the following year. Every food warehouse shall have a separate license. A license is not transferable between persons or food warehouse locations. Application for a license shall be made on a form provided by the department and shall be accompanied by applicable fees required under sub. (3). An application shall include information reasonably required by the department for licensing purposes.