Wisconsin Senate Bill SB886

Wisconsin 2023-2024 Regular Session

• Introduced: 1/5/24
• Refer: 1/5/24
• Failed: 4/15/24

Caption

Labeling a food product as a type of milk and granting rule-making authority. (FE)

Impact

The enactment of SB886 would significantly impact state laws regarding food labeling, aiming to provide clarity to consumers while ensuring that only products derived from certain sources are marketed as milk. This aligns with broader regulatory trends in food labeling across the United States. However, the implementation of this law is conditional; it will only take effect if at least ten states among a specified group enact similar prohibitions by June 30, 2031. This stipulation creates a collaborative regional approach to food labeling among neighboring states.

Summary

Senate Bill 886 focuses on the labeling of food products as a type of milk, establishing that no person may label or sell a product labeled as 'milk' unless it conforms to specific criteria. Under the bill, only cow's milk, milk from hooved mammals, or camelid milk that meets federal specifications would qualify as milk. The intent is to standardize product labeling and eliminate potential consumer confusion regarding dairy and non-dairy products labeled as milk. The bill mandates the Department of Agriculture, Trade and Consumer Protection to enact rules for implementing these labeling standards.

Contention

There may be potential contention surrounding SB886, especially among producers of plant-based milk alternatives who might argue that this bill could negatively impact their ability to market their products. Advocates for plant-based options emphasize consumer choice and the need for clear, inclusive labeling practices that do not restrict or remove alternatives from the marketplace. Additionally, the conditions set forth in the bill regarding the enactment by other states may raise questions about local legislative autonomy and the implications of relying on neighboring states' actions to implement state law.