SB781,,1 2023 SENATE BILL 781

December 8, 2023 - Introduced by Senator Stroebel, cosponsored by Representatives Behnke, Rettinger, Bodden, Schmidt, S. Johnson, Brandtjen, Callahan, Macco, Maxey, Goeben, Tittl, Wichgers, Gundrum, Michalski, Murphy and O’Connor. Referred to Committee on Agriculture and Tourism.

SB781,,2 An Act to amend 97.22 (2) (a) and 97.27 (1) (b) 4.; and to create 97.17 (7), 97.176 (8), 97.177 (3m), 97.20 (2) (e) 6., 97.22 (11), 97.24 (2) (d) 5. and 97.26 of the statutes; relating to: the sale of unpasteurized dairy products.

SB781,,3 Analysis by the Legislative Reference Bureau

Current law generally prohibits the sale of unpasteurized (commonly called raw) milk and other milk products and prohibits the sale to consumers of milk or fluid milk products that are not grade A milk or fluid milk products. Current law requires a dairy farmer to have a milk producer license from the Department of Agriculture, Trade and Consumer Protection (DATCP) and a grade A permit from DATCP to sell grade A milk and requires a buttermaker or cheesemaker to have a buttermaker or cheesemaker license from DATCP to engage as a buttermaker or cheesemaker. Also under current law, DATCP promulgates rules governing the operation of dairy farms and the testing and quality of milk.

This bill allows a milk producer to receive a license from DATCP to sell unpasteurized dairy products processed on farm premises to consumers through delivery, at retail stores, or directly from a dairy farm. Under the bill, a milk producer who has a license to sell unpasteurized dairy products is not required to obtain a milk producer license, a grade A permit, or a buttermaker or cheesemaker license if the milk producer does not send any milk to a dairy plant and sells no milk or milk products other than unpasteurized dairy products processed on farm premises.

To receive a license to sell unpasteurized dairy products, a milk producer must submit a series of samples for testing for a number of bacteria and coliform and standard plate counts, provide results from tests performed by a licensed veterinarian that show that the cows used to produce the unpasteurized dairy products do not have tuberculosis or brucellosis, and show proof of training on raw milk safety. Additionally, DATCP must conduct an on-site inspection of the milk producer’s processing plant.

A milk producer licensed to sell unpasteurized dairy products must submit regular test results for coliforms and standard plate counts that show coliform levels below 10 and a standard plate count below 10,000. A milk producer who only produces unpasteurized dairy products must also submit testing for other solids, somatic cell count, milk urea nitrogen, and plate loop count.

Every three months, a milk producer must submit test results for various bacteria. Additionally, DATCP may, after giving 24 hours’ notice, take a sample of unpasteurized milk from the processing plant of a milk producer licensed to sell unpasteurized dairy products and test for the bacteria. If there is a positive test result, the milk producer must initiate a recall and stop all production and sale of unpasteurized dairy products until the milk tests negative.

All cows used to produce unpasteurized dairy products must be tested yearly for tuberculosis and brucellosis. The tests must be administered by a licensed veterinarian.

Under the bill, unpasteurized dairy products, processing plants that produce unpasteurized dairy products, and milk producers that produce unpasteurized dairy products must meet certain standards regarding cleanliness, temperature, labeling, record keeping, and food safety planning.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

SB781,,4 The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB781,1 Section 1. 97.17 (7) of the statutes is created to read:

SB781,,6 97.17 (7) This section does not apply to milk producers licensed under s. 97.26 who do not produce butter or cheese other than unpasteurized butter or cheese as authorized under s. 97.26.

SB781,2 Section 2. 97.176 (8) of the statutes is created to read:

SB781,,8 97.176 (8) This section does not apply to milk producers licensed under s. 97.26 who do not produce butter other than unpasteurized butter as authorized under s. 97.26.

SB781,3 Section 3. 97.177 (3m) of the statutes is created to read:

SB781,,10 97.177 (3m) This section does not apply to milk producers licensed under s. 97.26 who do not produce cheese other than unpasteurized cheese as authorized under s. 97.26.

SB781,4 Section 4. 97.20 (2) (e) 6. of the statutes is created to read:

SB781,,12 97.20 (2) (e) 6. A milk producer licensed under s. 97.26 who does not sell milk or milk products other than unpasteurized dairy products as authorized under s. 97.26.

SB781,5 Section 5. 97.22 (2) (a) of the statutes is amended to read:

SB781,,14 97.22 (2) (a) License required. No Except as provided in sub. (11), no person may operate a dairy farm as a milk producer without a valid license issued by the department for that dairy farm. A license expires on April 30 annually and is not transferable between persons or dairy farms. Every milk producer shall comply with standards applicable to the production of milk and fluid milk products under this chapter and rules promulgated under this chapter.

SB781,6 Section 6. 97.22 (11) of the statutes is created to read:

SB781,,16 97.22 (11) Exception. (a) A license is not required under sub. (2) for a milk producer licensed under s. 97.26 who does not sell milk or milk products other than unpasteurized dairy products as authorized under s. 97.26.

SB781,,17 (b) The rules promulgated under sub. (8) and s. 97.24 (3) do not apply to a milk producer described in par. (a) or to dairy products produced by a milk producer described in par. (a).