Chapter ATCP 83
DAIRY PRODUCT ADVERTISING AND LABELING
ATCP 83.02 Synthetic bovine somatotropin; advertising and label claims. Ch. ATCP 83 NoteNote: Chapter ATCP 83 was adopted as an emergency rule effective August 10, 1994. Ch. ATCP 83 NoteNote: This chapter applies to product labels, advertisements, point-of-sale displays, representations by wholesale suppliers, and other representations made in connection with the sale, offering for sale, advertising, promotion or distribution of dairy products in this state, regardless of where those dairy products originate. This chapter is adopted under ss. 93.07 (1), 97.09 (4), 97.25 (3) and 100.20 (2), Stats., and interprets ss. 93.15, 97.03, 97.25, 100.18, 100.183 and 100.20, Stats. Violations of this chapter may be prosecuted under s. 93.21 (4), 97.72, 100.18 (11), or 100.26 (1), (3), (4) or (6), Stats. A person who suffers a monetary loss because of a violation of this chapter may sue the violator directly under s. 100.20 (5), Stats., and may recover twice the amount of the loss, together with costs and reasonable attorneys fees. ATCP 83.01ATCP 83.01 Definitions. In this chapter: ATCP 83.01(1)(1) “Bovine somatotropin” or “BST” means the protein growth hormone that is produced naturally in the pituitary glands of cows and that occurs naturally in the milk of cows. “Bovine somatotropin” includes bovine somatotropin represented by any name or symbol, such as “bovine growth hormone” or “BGH.” ATCP 83.01(4)(4) “Person” means an individual, corporation, cooperative, partnership, limited liability company, association or other business organization or entity. ATCP 83.01(5)(5) “rBST-free claim” means any direct or implied claim that a dairy product contains no synthetic bovine somatotropin, or is made from milk produced without the use of synthetic bovine somatotropin. “rBST-free claim” includes a statement made under s. ATCP 83.02 (5) (b) by a supplier of dairy products or ingredients, but does not include a milk producer affidavit under s. ATCP 83.02 (7). ATCP 83.01(6)(6) “Sale” means advertising, promoting, labeling, distributing, offering for sale or selling a dairy product in this state, whether at wholesale or retail. ATCP 83.01(7)(7) “Synthetic bovine somatotropin” or “rBST” means bovine somatotropin fabricated by recombinant DNA technology or other means. “Synthetic bovine somatotropin” includes synthetic bovine somatotropin represented by any name or symbol, such as “artificial bovine growth hormone,” “recombinant bovine growth hormone,” “artificial bovine somatotropin,” “recombinant bovine somatotropin” or “rBGH.” ATCP 83.01 HistoryHistory: Cr. Register, April, 1995, No. 472, eff. 5-1-95; correction in (3) made under s. 13.92 (4) (b) 7., Stats., Register January 2017 No. 733. ATCP 83.02ATCP 83.02 Synthetic bovine somatotropin; advertising and label claims. ATCP 83.02(1)(1) A person may, in connection with the sale of a dairy product, represent that the dairy product is “farmer certified rBST-free” if the representation complies with this section. ATCP 83.02 NoteNote: See s. 97.25, Stats. Subsection (1) does not prohibit the use of other rBST-free claims that comply with this section. ATCP 83.02(2)(2) No person may do any of the following in connection with the sale of a dairy product: ATCP 83.02(2)(a)(a) Make any rBST-free claim that is false, deceptive or misleading. ATCP 83.02(2)(b)(b) Make any rBST-free claim without appropriate qualifying statements under subs. (3) and (4). ATCP 83.02(2)(c)(c) Make any rBST-free claim unless that person possesses reasonable substantiation for that claim when the claim is made. Substantiation shall comply with sub. (5). ATCP 83.02(2)(d)(d) Represent, directly or by implication, that dairy products produced with milk from cows treated with synthetic bovine somatotropin differ significantly in composition from other dairy products.