reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 96 - Agricultural marketing act. › 96.07 - Decisions.

96.07
Decisions.
(1)
The secretary shall make and publish findings upon every material point controverted at the hearing and required by this chapter, and upon such other matters which may be relevant to the issuance, amendment or termination of a marketing order or agreement. The secretary shall issue a decision within 45 days after the close of the hearing based upon the findings and shall cause copies of the findings and recommended decision to be delivered or mailed to all parties of record appearing at the hearing or their attorneys of record. The decision shall contain the text in full of any order or agreement or amendment or termination of an existing order or agreement, and may deny or approve the proposal in its entirety or it may recommend a marketing order or agreement containing different terms or conditions from those contained in the proposal, but such decision shall be substantially within the purview of the notice of hearing and shall be supported by evidence taken at the hearing or by documents of which the secretary is authorized to take official notice. The secretary shall not approve the issuance, amendment or termination of any marketing order or agreement unless the secretary finds all of the following:
(a)
That the proposed issuance, amendment or termination is reasonably calculated to attain the objectives sought in the proposed marketing order or agreement.
(b)
That the proposed issuance, amendment or termination is in conformity with this chapter.
(c)
That the interests of consumers of such commodity are protected in that the powers of this chapter are being exercised only to the extent necessary to attain such objectives.
(2)
The secretary shall deliver or mail copies of the decision to the same parties to whom copies of the findings are required to be sent. If the final decision denies the proposal in its entirety, no further action shall be taken by the secretary.
History:  1981 c. 283 s. 11; Stats. 1981 s. 96.07.
2023 Wisconsin Statutes & Annotations › Chapter 96 - Agricultural marketing act. › 96.09 - Marketing agreement council.

96.09
Marketing agreement council.
(1)
The secretary may provide for the establishment of a council to assist in the administration of a marketing agreement.
(2)
If the secretary establishes a marketing agreement council, its duties shall include, but not be limited to the following:
(a)
To recommend to the secretary administrative rules relating to the marketing agreement.
(b)
To receive and report to the secretary complaints of violations of the marketing agreement.
(c)
To recommend to the secretary amendments to the marketing agreement.
(d)
To advise the secretary in the collection of such information and data as the secretary deems necessary for the proper administration of the agreement.
(e)
To recommend to the secretary methods by which administrative costs of a marketing agreement can be recovered.
(3)
A marketing agreement council is not a council under s. 15.09 and shall be governed exclusively by this chapter and s. 15.04 (1) (c).
History:  1981 c. 283.
2023 Wisconsin Statutes & Annotations › Chapter 96 - Agricultural marketing act. › 96.11 - Assessments.

96.11
Assessments.
(1)
Each marketing order issued under this chapter shall provide for the levying and collection of assessments in sufficient amounts to defray the expenses incurred by the marketing board for program operations and administration of the order. Each marketing order shall indicate the maximum rate of any such assessment which may be collected and the proportion, if any, payable by each producer or handler directly affected by the marketing order. The marketing board may recommend to the secretary the assessment rate necessary to provide sufficient funds to cover the marketing order budget. The marketing board shall determine when assessments become due and payable and the units upon which the assessment rate applies. All assessments collected are payable to the marketing board.
(2)
If the secretary finds that the marketing order budget or assessment rate exceeds the limitations of, or is contrary to, the declared purposes of this chapter or the marketing order, the secretary may disapprove the budget and any amendments to the budget, or assessment rate.
(3)
(a)
1.
Except as provided under par. (c), a corn producer who sells corn that is subject to the assessment levied under sub. (1) under the marketing order for corn shall pay an additional assessment of 0.4 cents per bushel, to be collected and remitted to the marketing board in the manner provided in the marketing order for the assessment under sub. (1).
2.
If the marketing order for corn provides for rebates under s. 96.13 (2), a producer to whom subd. 1. applies may obtain a rebate of the assessment paid under subd. 1. in the manner provided in the marketing order for obtaining a rebate of the assessment levied under sub. (1).
(b)
The marketing board for corn shall use the moneys received under par. (a) for the purposes of the marketing order for corn.
(c)
1.
The department shall conduct a referendum on whether to terminate the assessment under par. (a) if after June 30, 2011, and before January 1, 2012, 10 percent of the producers who sell corn that is subject to the assessment levied under sub. (1) petition for a referendum. The assessment under par. (a) does not apply after June 30, 2012, if a referendum to terminate the assessment is approved by affected producers.
2.
If the marketing order for corn is terminated, pars. (a) and (b) do not apply.
History:  1981 c. 283 ss. 22, 29, 30; Stats. 1981 s. 96.11; 2007 a. 26.
2023 Wisconsin Statutes & Annotations › Chapter 96 - Agricultural marketing act. › 96.12 - Collection.

96.12
Collection.
To ensure the proper collection of assessments, the marketing board may require:
(1)
Any person subject to the assessment to give the board adequate assurance or security for its payment.
(2)
Every affected producer or handler subject to the assessment to deposit with the board in advance an amount not to exceed 25 percent of the estimated total annual assessment payable by the person. At the close of the marketing year the sum so deposited shall be adjusted to the total of such assessments payable by the person.
(3)
Handlers receiving the affected commodity to collect assessments from affected producers and remit such assessments to the marketing board. Lending agencies for commodity credit corporation loans to producers shall be deemed handlers for the purpose of this subsection. Handlers who are only collecting assessments from producers under this section are not considered affected handlers under the marketing order.
History:  1981 c. 283 s. 31; Stats. 1981 s. 96.12.
2023 Wisconsin Statutes & Annotations › Chapter 96 - Agricultural marketing act. › 96.13 - Refunds.

96.13
Refunds.
(1)
Assessments collected by the marketing board under any marketing order or as an advance deposit against the assessment shall be used by the marketing board only for the purpose of carrying out the purposes and provisions of the order, including the administrative costs.
(2)
A marketing order may contain a provision granting producers who have paid an assessment under the order, and who do not favor the program developed under the order, the right to receive a refund of assessments paid upon submission of proof satisfactory to the marketing board that the assessment for which a refund is requested has been paid. Claims for producer refunds must be submitted on forms prescribed by the board and filed with the board within 90 days after the date the assessment became due and payable. All claims shall be audited and paid by the board within 60 days after receipt of the claim, or within such other reasonable period of time as may be necessary to determine the validity of the claim.
(3)
Upon termination of any marketing order, any and all moneys remaining with the marketing board and not required to defray expenses or repay obligations incurred shall be returned to the affected producers or handlers in proportion to the assessments paid by each in the 2-year period preceding the date of the termination order. If the marketing board and the secretary find that the returnable amounts are so small that the computation and return of the remaining funds is impractical, the board may use the remaining funds to further any of the basic purposes or objectives of the terminated marketing order.
History:  1981 c. 283 ss. 25, 33; Stats. 1981 s. 96.13.
2023 Wisconsin Statutes & Annotations › Chapter 96 - Agricultural marketing act. › 96.14 - Reports and accounting procedures.

96.14
Reports and accounting procedures.
(1)
The secretary or a marketing board may require handlers and producers of agricultural commodities to file such information and reports as may be reasonably necessary to assist in carrying out the functions under this chapter.
(2)
All assessments, appropriations and administrative costs for any marketing order or agreement created under this chapter shall be recorded, prepared and audited in accordance with generally accepted accounting principles.
History:  1981 c. 283 ss. 20, 21, 27; Stats. 1981 s. 96.14.
2023 Wisconsin Statutes & Annotations › Chapter 96 - Agricultural marketing act. › 96.16 - Application of funds.

96.16
Application of funds.
A marketing board may invest all assessments, gifts or grants that are collected or received by the board under a marketing order after consulting with the secretary. The board may not use funds received, collected or accrued under a marketing order for any purpose other than program operations and administration of the order. No such funds may be used for any other marketing order or to influence either state or federal legislation or rule making except rule making directly related to the order.
History:  1981 c. 283 s. 32; 1987 a. 252.
2023 Wisconsin Statutes & Annotations › Chapter 96 - Agricultural marketing act. › 96.17 - Nonpayment and enforcement.

96.17
Nonpayment and enforcement.
(1)
Any due and payable assessment levied under a marketing order or under s. 96.11 (3) (a) and every sum due under either a marketing order or agreement in a specified amount shall constitute a personal debt of every person so assessed or who is otherwise liable and the same sum shall be due and payable to the secretary or the marketing board according to the terms and conditions of the marketing order or agreement. In the event any person fails to pay the full amount of such assessment or such other sum on or before the due date, the secretary may add to such unpaid assessment or sum an amount not exceeding 10 percent of the amount due to defray the cost of enforcing collection. In the event any person fails to pay any due and payable assessment or sum, the secretary may bring a civil action against such person for collection, together with the above specified 10 percent.
(2)
A person who violates a marketing order or agreement shall forfeit not less than $100 nor more than $500 for the first offense, and not less than $200 nor more than $1,000 for a subsequent offense. Each day of violation constitutes a separate offense.
(3)
A person who intentionally violates a marketing order or agreement shall be fined not more than $10,000 or imprisoned not more than 9 months or both.
(4)
Actions of a marketing board which exceed the articles of incorporation or violate the bylaws adopted by the board constitute violations of the order and the board members are individually subject to the penalties under subs. (2) and (3).
(5)
The secretary may apply to a circuit court for an injunction to restrain any person from violating this chapter or a marketing order or agreement under this chapter.
(6)
If a handler is not a resident or is not authorized to do business in this state, the handler may designate an agent upon whom service of process may be made in this state. The agent shall be a resident of this state or a corporation authorized to do business in this state. The designation shall be in writing and filed with the department of financial institutions. If no designation is made and filed or if process cannot be served in this state upon the designated agent, after reasonable effort, process may be served upon the department of financial institutions.
History:  1981 c. 283 ss. 34 to 36; Stats. 1981 s. 96.17; 1995 a. 27; 2007 a. 26.
2023 Wisconsin Statutes & Annotations › Chapter 96 - Agricultural marketing act. › 96.18 - Price fixing.

96.18
Price fixing.
Nothing contained in this chapter shall permit fixing of prices not otherwise permitted by law except as permitted under s. 96.04.
History:  1973 c. 311; 1981 c. 283 s. 43; Stats. 1981 s. 96.18.
2023 Wisconsin Statutes & Annotations › Chapter 96 - Agricultural marketing act. › 96.19 - Restraint of trade.

96.19
Restraint of trade.
In any civil or criminal action or proceeding for violation of any rule of statutory or common law against monopolies or combinations in restraint of trade, proof that the act complained of was done in compliance with this chapter or a marketing order or agreement issued under this chapter and in furtherance of the purposes and provisions of this chapter shall be a complete defense to such action or proceeding.
History:  1981 c. 283 s. 42; Stats. 1981 s. 96.19.
2023 Wisconsin Statutes & Annotations › Chapter 96 - Agricultural marketing act. › 96.20 - Public record.

96.20
Public record.
(1)
Each referendum shall be conducted by secret ballot, and the ballots and results shall be a matter of public record and open to inspection.
(2)
All assents filed with the department for the approval of a marketing agreement, an amendment or the termination of an agreement are a matter of public record and open to inspection.
(3)
All contracts made by a marketing board are a matter of public record and open to inspection.
(4)
All annual reports on an order's operation issued by a marketing board are a matter of public record and open to inspection.
(5)
All information relating to the businesses of producers and handlers that is obtained under this chapter is not a public record and is not available for inspection.
History:  1981 c. 283 ss. 16, 39.
2023 Wisconsin Statutes & Annotations › Chapter 97 - Food, lodging, and recreation. › 97.02 - Standards; adulterated food.

97.02
Standards; adulterated food.
For the purposes of this chapter, a food is adulterated if it is adulterated within the meaning of 21 USC 342, except that the department may not consider a food to be adulterated solely because it contains hemp, as defined in s. 94.67 (15c), or a hemp product.
History:  1971 c. 156; 1979 c. 89; 2005 a. 253; 2009 a. 177; 2013 a. 374; 2017 a. 100; 2019 a. 68.
2023 Wisconsin Statutes & Annotations › Chapter 97 - Food, lodging, and recreation. › 97.03 - Standards; misbranding.

97.03
Standards; misbranding.
For the purposes of this chapter, a food is misbranded if it is misbranded within the meaning of 21 USC 343.
History:  1971 c. 156 ss. 2, 3, 5; 1977 c. 216; 1991 a. 111; 1993 a. 492; 1995 a. 225; 2013 a. 374.
2023 Wisconsin Statutes & Annotations › Chapter 97 - Food, lodging, and recreation. › 97.07 - Interpretation.

97.07
Interpretation.
If an article is alleged to be misbranded because the labeling is misleading, then in determining whether the labeling is misleading, there shall be taken into account not only representations made or suggested by statement, word, design, device, sound, or any combination thereof, but also the extent to which the labeling fails to reveal facts material in the light of such representations or material with respect to consequences which may result from the use of the article to which the labeling relates under the conditions of use prescribed in the labeling or under such conditions of use as are customary or usual.
2023 Wisconsin Statutes & Annotations › Chapter 97 - Food, lodging, and recreation. › 97.09 - Rules.

97.09
Rules.
(1)
Definitions and standards of identity, composition, quality and fill of container for foods, and amendments thereto, now or hereafter adopted under the federal act or this chapter are definitions and standards of identity, composition, quality and fill of container under s. 97.03. However, when such action will promote honesty and fair dealing in the interest of consumers, the department may amend, stay or reject such federal regulations or make rules establishing definitions and standards of identity, composition, quality and fill of container for foods where no federal regulations exist, or which differ from federal regulations.
(2)
Temporary permits granted under the federal act for interstate shipment of experimental packs of food varying from the requirements of federal definitions and standards of identity are automatically effective in this state under conditions set forth in such permits.
(3)
The department may also issue temporary marketing permits upon a convincing showing of need to continue a market study where the interests of consumers are safeguarded. Such permits are subject to terms and conditions prescribed by departmental rules but may not be issued for a period exceeding 6 months plus one renewal period of 6 months after departmental review.
(4)
The department may, by rule, establish and enforce standards governing the production, processing, packaging, labeling, transportation, storage, handling, display, sale, including retail sale, and distribution of foods that are needed to protect the public from the sale of adulterated or misbranded foods.
(5)
The department shall promulgate rules establishing standards and procedures for the labeling of organic food. The rules may establish a process whereby organizations, businesses and firms certify that foods represented as organic foods comply with established standards. In this subsection, “organic food" means any food that is marketed using “organic" or any derivative of “organic" in its labeling or advertising.
History:  1971 c. 156; 1983 a. 261; 1987 a. 278; 2015 a. 242.
2023 Wisconsin Statutes & Annotations › Chapter 97 - Food, lodging, and recreation. › 97.10 - Prohibited acts.

97.10
Prohibited acts.
(1)
The sale of any food that is adulterated or misbranded is prohibited.
(2)
It is unlawful to manufacture, prepare for sale, store, or sell food unless the food is protected from filth, flies, dust or other contamination or unclean, unhealthful or insanitary conditions.
(3)
No person shall be subject to the penalties of s. 97.72 for having violated sub. (1), if he or she establishes a guaranty or undertaking signed by, and containing the name and address of the person residing in this state from whom the article was received in good faith, to the effect that such article is not adulterated or misbranded within the meaning of ss. 97.02 and 97.03.
History:  1971 c. 156; 1983 a. 261.
2023 Wisconsin Statutes & Annotations › Chapter 97 - Food, lodging, and recreation. › 97.13 - Sale of fish flour regulated.

97.13
Sale of fish flour regulated.
No person shall sell any food product for human consumption within this state containing whole fish flour, except fish flour made from the normally edible portions of fish or fish protein concentrate. No package containing fish flour or fish protein concentrate shall be sold by any person unless it bears a statement declaring that the contents thereof are made only from the edible portions of fish.
2023 Wisconsin Statutes & Annotations › Chapter 97 - Food, lodging, and recreation. › 97.17 - Buttermaker and cheesemaker license.

97.17
Buttermaker and cheesemaker license.
(1)
In this section the terms “buttermaker" and “cheesemaker" mean a person employed or who may be employed in a butter or a cheese factory who has charge of and supervision over the actual process of manufacturing butter or cheese, and shall not include a person employed in a butter or cheese factory for the purpose of assisting in the manufacture of such product. This section shall not affect a person making up a product produced on the person's farm, nor shall it be unlawful for a licensed cheesemaker employed in a licensed cheese factory to make butter or whey cream butter for the use or consumption only of the patrons thereof.
(2)
No person shall engage as a buttermaker or cheesemaker unless the person has a license from the department. The license shall be issued by the department under regulations that the department shall prescribe relating to the qualifications of applicants for licenses. The qualifications shall include the applicant's record in operating and keeping in sanitary condition the butter or cheese factory in which the applicant has been employed.
(3)
Application for a buttermaker's or cheesemaker's license shall be made upon a form furnished by the department. Upon receipt of the application the department shall issue a permit to the applicant to carry on the work of a buttermaker or cheesemaker. The permit shall have the force and effect of a license to a buttermaker or cheesemaker until a license shall have been issued to the applicant or until the applicant shall have been notified of the denial of the application. At the time that the permit is issued, the department shall furnish the applicant with the regulations incident to securing a license and also suggestions relating to the proper method of operating butter or cheese factories.
(4)
Each application for a license shall be accompanied by a fee that is $50 unless otherwise established by department rule, except that an individual who is eligible for the veterans fee waiver program under s. 45.44 is not required to pay a fee.
(6)
The license shall expire on the first day of January of the 2nd year commencing after the date of issuance or renewal. Renewal applications shall be submitted on department forms and be accompanied by the biennial license fee under sub. (4).
History:  1977 c. 216; 1979 c. 342; 1987 a. 27; 1989 a. 174; 1991 a. 39; 1993 a. 492; 1995 a. 225; 2011 a. 209.
2023 Wisconsin Statutes & Annotations › Chapter 97 - Food, lodging, and recreation. › 97.175 - Butter and cheese grader license requirements.

97.175
Butter and cheese grader license requirements.
(1)
In this section and ss. 97.176 and 97.177, “butter grader" or “cheese grader" means a person who grades butter or cheese.
(2)
No person may act as a butter grader or a cheese grader without a license granted by the department. A person desiring a license shall apply on a form furnished by the department and shall pay to the department a fee that is $50 unless otherwise established by department rule, except that an individual who is eligible for the veterans fee waiver program under s. 45.44 is not required to pay a fee. Before issuing a license, the department shall require the applicant to demonstrate his or her competence to act as a butter grader or a cheese grader in a manner determined by the department. A license expires on September 30 of the 2nd year commencing after the date of issuance.
(3)
Butter graders and cheese graders must act in accordance with the standards and requirements established under ss. 93.07, 97.176 and 97.177.
(4)
The department may deny, suspend or revoke a license under this section by an order if the department finds that the applicant or licensee is not qualified to act as a butter grader or cheese grader or that the applicant or licensee has applied inaccurate grades or has obtained the license by fraud, perjury or through error. The department shall notify the applicant or licensee of the order and shall follow the procedures for issuing a special order under s. 93.18.
History:  1983 a. 131; 1987 a. 27; 1991 a. 39; 2011 a. 209.
2023 Wisconsin Statutes & Annotations › Chapter 97 - Food, lodging, and recreation. › 97.176 - Butter; grading; label.

97.176
Butter; grading; label.
(1)
It is unlawful to sell, offer or expose for sale, or have in possession with intent to sell, any butter at retail unless it has been graded. Butter shall be graded as follows:
(a)
Grade, Wisconsin, AA — 93 score;
(b)
Grade, Wisconsin, A — 92 score;
(c)
Grade, Wisconsin, B — 91-90 score;
(d)
Grade, Wisconsin, undergrade — all butter below Wisconsin B.
(2)
United States AA, A, and B grades shall be accepted in lieu of the corresponding Wisconsin AA, A, and B grades, but all United States grades below B shall, for the purpose of this section, correspond to Wisconsin undergrade.
(3)
As used in this section, score or grade means the grading of butter by its examination for flavor and aroma, body and texture, color, salt, package and by the use of other tests or procedures approved by the department for ascertaining the quality of butter in whole or in part.
(4)
Details for methods and procedures to be used for ascertaining quality, for labeling, and for arbitrating disputes with respect to grades, shall be developed by the department as a result of public hearings to be held at a convenient location in the state.
(5)
Butter from outside of the state sold within the state shall be provided with a label which indicates that it complies with the state grade standards as provided in this section and which indicates the grade in a manner equivalent to the requirements for butter manufactured and sold within the state.
(6)
Butter that carries the state grade labels shall be graded by butter graders licensed under s. 97.175.
(7)
No person, for himself or herself, or as an agent, shall advertise the sale of any butter at a stated price, unless the grade of the butter is set forth in such advertisement in not less than 10-point type.
History:  1977 c. 29 s. 1650m (4); 1983 a. 131 s. 2; Stats. 1983 s. 97.176; 1991 a. 39; 1993 a. 492.
Wisconsin's butter-grading law does not violate the due process clause, the equal protection clause, or the dormant commerce clause. This section is rationally related to the state's legitimate interest in consumer protection and does not discriminate against out-of-state businesses. Minerva Dairy, Inc. v. Harsdorf, 905 F.3d 1047 (2018).
2023 Wisconsin Statutes & Annotations › Chapter 97 - Food, lodging, and recreation. › 97.177 - Cheese; grading; labeling.

97.177
Cheese; grading; labeling.
(1)
The department shall by rule adopt standards for grades of cheese manufactured in Wisconsin.
(2)
Cheese which carries a state grade must be graded by a cheese grader licensed under s. 97.175 and must conform to the standards for the grade. Graded cheese must be plainly labeled to indicate the grade of the cheese and the license number of the cheese grader.
(3)
Cheese manufactured in Wisconsin must be labeled on either the cheese itself or the container at the factory where it is manufactured. The label must remain on the cheese until the cheese is used in a different food manufacturing process or relabeled by the buyer for later sale. The label must contain all of the following:
(a)
The type or variety of cheese.
(b)
The word Wisconsin or the code number 55.
(c)
The factory number designated by the department.
(d)
The date of manufacture.
(e)
The number of the vat in which the cheese was manufactured if more than one vat of cheese was manufactured in the factory on the same day.
(4)
The department may adopt rules for the administration of this section.
History:  1983 a. 131.
2023 Wisconsin Statutes & Annotations › Chapter 97 - Food, lodging, and recreation. › 97.18 - Oleomargarine regulations.

97.18
Oleomargarine regulations.
(1)
(a)
For the purposes of this section “oleomargarine" or “margarine" includes oleomargarine, margarine, butterine and other similar substances, fats and fat compounds sufficiently adaptable to the ordinary uses of butter, to lead readily to use as an alternative to butter, but this section shall not apply to lard, cream cheese, cheese food compounds, nor to any other dairy product made exclusively of cow's milk or milk solids with or without added vitamins, if such product is sold or distributed in such manner and form as will clearly distinguish it from butter. Nor shall this section apply to shortenings not churned or emulsified in milk or cream or having a melting point of 112 degrees Fahrenheit or more as determined by the capillary tube method unless there is sold or given away with such shortening any compound which, when mixed with such shortening, makes oleomargarine, butterine or similar substances.
(b)
“Colored oleomargarine" or “colored margarine" is oleomargarine or margarine having a tint or shade containing more than 1 6/10 degrees of yellow or of yellow and red collectively but with an excess of yellow over red, as measured in terms of Lovibond tintometer scales or its equivalent.
(3)
No person shall sell, offer or expose for sale at retail any oleomargarine or margarine unless:
(a)
Such oleomargarine or margarine is packaged;
(b)
The net weight of the contents of any package sold in a retail establishment is one pound;
(c)
There appears on the label of the package the word “oleomargarine" or “margarine" in type or lettering at least as large as any other type or lettering on the label in a color of print which clearly contrasts with its background, and a full accurate statement of the ingredients contained in the oleomargarine or margarine; and
(d)
Each part of the contents of the package is contained in a wrapper or separate container which bears the word “oleomargarine" or “margarine" in type or lettering not smaller than 20-point type.
(4)
The serving of colored oleomargarine or margarine at a public eating place as a substitute for table butter is prohibited unless it is ordered by the customer.
(5)
The serving of oleomargarine or margarine to students, patients or inmates of any state institutions as a substitute for table butter is prohibited, except that such substitution may be ordered by the institution superintendent when necessary for the health of a specific patient or inmate, if directed by the physician in charge of the patient or inmate.
(6)
Any person who violates any provision of this section may be fined not less than $100 nor more than $500 or imprisoned not more than 3 months or both; and for each subsequent offense may be fined not less than $500 nor more than $1,000 or imprisoned in the county jail not less than 6 months nor more than one year.
History:  1971 c. 125; 1973 c. 90; 1975 c. 41; 1977 c. 289 ss. 3m, 11; Stats. 1977 s. 97.18; 1995 a. 27 s. 9126 (19); 1995 a. 225; 1997 a. 35; 2007 a. 20 s. 9121 (6) (a); 2013 a. 374; 2015 a. 55, 242.
2023 Wisconsin Statutes & Annotations › Chapter 97 - Food, lodging, and recreation. › 97.23 - Drug residues in milk.

97.23
Drug residues in milk.
(1)
In this section:
(a)
“Dairy plant" has the meaning given in s. 97.20 (1) (a).
(c)
“Milk producer" has the meaning given in s. 97.22 (1) (f).
(2)
(a)
If, in accordance with a rule promulgated by the department under s. 93.07 (1), 97.09 (4), 97.20 (4), 97.22 (8), or 97.24 (3), a dairy plant operator rejects a bulk milk shipment because it is adulterated with a drug residue and if the dairy plant operator incurs a monetary loss as a result of the rejection of the bulk milk shipment, the dairy plant operator may recover the amount of the monetary loss from the milk producer who caused the bulk shipment to be adulterated with the drug residue. A dairy plant operator may deduct the amounts recoverable by him or her under this paragraph from the proceeds of milk sold to or through the dairy plant operator by the milk producer who caused the adulteration.
(b)
1.
Except as provided in subd. 2., the department may, by rule, require a dairy plant operator who rejects a bulk milk shipment because it is adulterated with a drug residue and who suffers a monetary loss as a result of the rejection of the bulk milk shipment to recover all or part of the monetary loss from the milk producer who caused the adulteration by deducting from the proceeds of milk sold by the milk producer an amount that is specified by the department by rule.
2.
The department may not require a dairy plant operator who rejects a bulk milk shipment because it is adulterated with a drug residue to recover an amount that exceeds the dairy plant operator's actual monetary loss.
History:  1991 a. 231; 2013 a. 374; 2015 a. 242.
2023 Wisconsin Statutes & Annotations › Chapter 97 - Food, lodging, and recreation. › 97.25 - Use of synthetic bovine growth hormone; labeling of dairy products.

97.25
Use of synthetic bovine growth hormone; labeling of dairy products.
(1)
Definitions. In this section:
(a)
“Dairy plant" has the meaning given in s. 97.20 (1) (a).
(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.
(c)
“Milk producer" has the meaning given in s. 97.22 (1) (f).
(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).
(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.
(3m)
Duration of milk producer affidavits.
(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.
(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.
(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.
History:  1993 a. 476; 1995 a. 225; 2015 a. 55, 242; 2019 a. 153.
2023 Wisconsin Statutes & Annotations › Chapter 97 - Food, lodging, and recreation. › 97.28 - Direct sale of eggs.

97.28
Direct sale of eggs.
(1)
In this section:
(a)
“Candling" means carefully examining, in a dark place, the interior and exterior of a whole egg that is placed in front of a strong light source.
(b)
“Egg" means the shell egg of the domestic chicken, Gallus gallus domesticus, and of turkey, duck, goose, guinea, or other avian species whose eggs are used for human consumption.
(c)
“Egg producer" means a person who sells eggs laid only by a bird or a flock of birds owned by that person.
(d)
“Egg sales route" means one or more residences inhabited by consumers who regularly buy eggs from an egg producer who travels to the residences.
(e)
“Farmer's market" means a building, structure, or place where 2 or more individuals gather on a regular, recurring basis to sell, directly to the consumer, any of the following:
1.
Raw agricultural commodities that are grown, harvested, or collected by the individual.
2.
Food that is prepared by the individual.
(f)
“Nest-run egg" means an egg that is not washed, graded, or subject to candling before sale.
(2)
An egg producer who satisfies all of the following need not obtain a license under s. 97.29 to sell eggs, including nest-run eggs:
(a)
The number of egg-laying birds in the egg producer's flock does not exceed 150.
(b)
The egg producer sells the eggs directly to a consumer through one of the following venues:
1.
At the premises where the eggs were laid.
2.
At a farmers' market located in this state.
3.
On an egg sales route.
(c)
The egg producer packages the eggs in a carton that is labeled only with the following information:
1.
The egg producer's name and address.
2.
The date on which the egg producer packed the eggs into the carton.
3.
A date that falls no more than 30 days after the date on which the eggs were packed by which the eggs must be sold.
4.
A statement indicating that the eggs in the package are ungraded and uninspected.
(d)
The egg producer keeps the eggs, packaged as provided under par. (c) and held, as packaged, for sale at a venue identified under par. (b), at an ambient temperature of 41 degrees Fahrenheit or below at all times.
History:  2013 a. 245.
2023 Wisconsin Statutes & Annotations › Chapter 97 - Food, lodging, and recreation. › 97.305 - Restaurants serving fish.

97.305
Restaurants serving fish.
(1)
A restaurant or temporary restaurant may serve fish taken from the wild to the individual who caught the fish, or to his or her guests, without obtaining a permit under s. 29.541 (1) (b) if all of the following conditions are satisfied:
(a)
The fish are legally taken.
(b)
While the fish are at the restaurant and before the fish are prepared for eating, they are stored in a cooler, which may be a portable cooler, that does not contain any other food.
(c)
The area where the fish are prepared for eating is washed and sanitized before and after preparation of the fish.
(d)
All items used to prepare and serve the fish are washed in a dishwasher after such use.
(2)
A restaurant or temporary restaurant may make a pecuniary profit from preparing and serving fish as provided under sub. (1).
History:  2007 a. 20; 2015 a. 55 s. 4088; 2015 Stats. s. 97.305.
2023 Wisconsin Statutes & Annotations › Chapter 97 - Food, lodging, and recreation. › 97.307 - Average annual surveys.

97.307
Average annual surveys.
The department or a local health department granted agent status under s. 97.41 shall annually make a number of inspections of restaurants in this state that shall equal the number of restaurants for which annual licenses are issued under s. 97.30.
History:  1987 a. 27; 1993 a. 27 s. 69; Stats. 1993 s. 254.66; 2015 a. 55 s. 4082; Stats. 2015 s. 97.307.
2023 Wisconsin Statutes & Annotations › Chapter 97 - Food, lodging, and recreation. › 97.32 - Special dairy and food inspectors.

97.32
Special dairy and food inspectors.
(1)
Special dairy and food inspectors may be appointed by the department for any factory, plant, receiving station, or group thereof, which buys or receives milk or cream for the purpose of manufacturing, processing or any other purpose whatsoever, upon petition therefor signed by more than two-thirds of the regular patrons of such factory, plant, receiving station, or group thereof, or by the officers of such factory, plant, receiving station or group thereof, or of the officers of any association organized under ch. 185 or 193 representing patrons of such factory, plant, receiving station or group thereof, and upon receiving satisfactory proof that such special dairy and food inspectors will be compensated in full for all services rendered and traveling expenses incurred upon and pursuant to such appointment as provided in this section. If the inspector is appointed pursuant to petition signed by the officers of an organization, such compensation and expenses shall be paid by such organization; and any factory, plant, receiving station or group thereof shall pay to the association the checkoff as contracted for between the member and the association. If appointed pursuant to petition signed by patrons, each patron of the factory, plant, receiving station or group thereof shall pay such proportion of the total amount of such compensation and expenses as the amount of milk or cream delivered thereto by the patron bears to the total amount delivered thereto by all patrons. The state shall not be liable for any such compensation or expenses.
(3)
Each such special dairy and food inspector shall have all powers conferred by law upon dairy and food inspectors, shall at all times be under the supervision of the department and shall make such reports to the department as the department may require. The special dairy and food inspector shall supervise and inspect the weighing and testing of and shall inspect all milk, cream, butter or cheese delivered to such factory, plant, receiving station or group thereof, except that if the special dairy and food inspector be appointed upon petition by an association organized under ch. 185 or 193, the special dairy and food inspector shall perform duties only for its members, and for such purpose the special dairy and food inspector may use any or all weighing or testing apparatus in such factory, plant, receiving station or group thereof. In addition to the duties herein specifically prescribed, the special dairy and food inspector shall perform such duties as the patrons or organization compensating the special dairy and food inspector or the department may direct.
(4)
An appointment of a special dairy and food inspector may be denied, suspended or revoked by the department as provided in s. 93.06 (7). Rehearing and judicial review shall be as provided in ch. 227.
History:  1975 c. 308; 1975 c. 414 s. 28; 1993 a. 492; 2005 a. 441.
2023 Wisconsin Statutes & Annotations › Chapter 97 - Food, lodging, and recreation. › 97.34 - Bottled drinking water and soda water beverage; standards; sampling and analysis.

97.34
Bottled drinking water and soda water beverage; standards; sampling and analysis.
(1)
In this section:
(a)
“Bottled drinking water" means all water packaged in bottles or similar containers and sold or distributed for drinking purposes. This term includes distilled water, artesian water, spring water and mineral water, whether carbonated or uncarbonated.
(b)
“Soda water beverage" means and includes all beverages commonly known as soft drinks or soda water, whether carbonated, uncarbonated, sweetened or flavored. This term does not include alcohol beverages.
(2)
(a)
The department shall promulgate by rule standards of purity for all ingredients used in the manufacture or bottling of soda water beverages or bottled drinking water which ensure a pure and unadulterated product.
(b)
No person may manufacture or bottle bottled drinking water for sale or distribution in this state unless the bottled drinking water complies with state drinking water standards adopted by the department of natural resources under s. 280.11, 281.15 or 281.17 (8) and with health-related enforcement standards adopted by the department of natural resources under ch. 160.
(c)
The department may require testing of bottled drinking water for substances subject to any standard under par. (b) and for any other substance if the department determines that the water system used as the source of the bottled drinking water has a potential of being contaminated, based on contamination of other water systems or groundwater in the vicinity. The department shall adopt by rule requirements for periodic sampling and analysis for the purposes of this subsection. The department shall require all analyses to be conducted by a laboratory certified under s. 299.11.
(d)
No person may manufacture or bottle bottled drinking water for sale or distribution in this state unless the water system used by the manufacturer or bottler complies with ch. 280 and rules promulgated by the department of natural resources under that chapter.
(e)
The department shall publish an annual report summarizing the results of bottled drinking water sampling and analysis.
History:  1973 c. 126; 1981 c. 79 s. 17; 1983 a. 410; 1987 a. 27, 399; 1995 a. 227, 378; 1997 a. 35.
2023 Wisconsin Statutes & Annotations › Chapter 97 - Food, lodging, and recreation. › 97.43 - Meat from dead or diseased animals.

97.43
Meat from dead or diseased animals.
(1)
No meat from any diseased animal, or any dead animal as defined under s. 95.72 (1) (c), may be sold or used for human consumption, or dismembered or stored at premises where other food is sold or prepared for sale.
(2)
No carcass meat or other part of any animal shall be fed to food-producing animals or to animals used for human consumption unless it has been thoroughly rendered or cooked.
(3)
Subsection (1) shall not apply to meat from animals affected by any disease which does not ordinarily render such meat unfit for human consumption, provided the animals so affected have been slaughtered in establishments where meat inspection is maintained under s. 97.42 or the federal meat inspection act.
(4)
Whoever violates this section is guilty of a Class H felony.
History:  1971 c. 40 s. 93; 1979 c. 129 s. 6; Stats. 1979 s. 97.43; 1981 c. 66; 1985 a. 229; 1997 a. 283; 2001 a. 109.
This section is not unconstitutionally vague. State v. Ehlenfeldt, 94 Wis. 2d 347, 288 N.W.2d 786 (1980).
2023 Wisconsin Statutes & Annotations › Chapter 97 - Food, lodging, and recreation. › 97.44 - Identification of meat for animal feed; registration and records of buyers.

97.44
Identification of meat for animal feed; registration and records of buyers.
(1)
No person shall buy, sell or transport any carcasses, parts thereof or meat or meat food products of any animals which are not intended for use as human food, unless they are denatured or otherwise identified as required by rules of the department or are naturally inedible by humans.
(2)
Animal feed manufacturers and operators of fur farms, exempt from s. 95.72, shall register their names and business locations with the department if they engage in slaughtering animals or in buying dead animals or parts of the carcasses of such animals. The department, by rule, may require that they keep records of their purchase and disposition of such animals and carcass parts.
(3)
As used in this section, “animals" means cattle, sheep, goats, swine, equines, farm-raised deer, as defined in s. 95.001 (1) (ag), and poultry, except in the phrase “animal feed manufacturers".
History:  1975 c. 308; 1995 a. 79; 2001 a. 56.
2023 Wisconsin Statutes & Annotations › Chapter 97 - Food, lodging, and recreation. › 97.56 - Kosher meat.

97.56
Kosher meat.
(1)
Under this section “kosher" means prepared in accordance with the Jewish ritual and sanctioned by Hebrew orthodox religious requirements.
(2)
No person may, with intent to defraud, do any of the following:
(a)
Sell or expose for sale any meat or meat preparation, whether raw or prepared for human consumption, and falsely represent the meat or meat preparation to be kosher, and as having been prepared under and of a product or products sanctioned by the orthodox Hebrew religious requirements.
(b)
Falsely represent any food product or the contents of any package or container to be kosher and as having been prepared under and of a product or products sanctioned by the orthodox Hebrew religious requirements, by having or permitting to be inscribed on the package or container the word “kosher" in any language.
(c)
Sell or expose for sale in the same place of business both kosher and nonkosher meat or meat preparations, either raw or prepared for human consumption, unless all of that person's window signs and display advertising indicate, in block letters at least 4 inches in height, “Kosher and Nonkosher Meat Sold Here".
(d)
Expose for sale in any show window or place of business both kosher and nonkosher meat or meat preparations, either raw or prepared for human consumption, unless the person displays over each kind of meat or meat preparation so exposed a sign in block letters at least 4 inches in height reading “Kosher Meat", or “Nonkosher Meat", as the case may be.
(3)
No person, with intent to defraud, may do any of the following:
(a)
Sell or expose for sale in any such restaurant or other place where food products are sold for consumption on the premises, any article of food or food preparations that is falsely represented to be kosher and as having been prepared in accordance with the orthodox Hebrew religious requirements.
(b)
Sell or expose for sale in any restaurant or other place both kosher and nonkosher food or food preparations for consumption on the premises when not prepared in accordance with the Jewish ritual and not sanctioned by the Hebrew orthodox religious requirements, unless the person's window signs and display advertising state, in block letters at least 4 inches in height, “Kosher and Nonkosher Food Served Here".
History:  1993 a. 492; 1997 a. 253.