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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 831
December 22, 2023 - Introduced by Representatives BEHNKE, RETTINGER, BODDEN,
SCHMIDT, S. JOHNSON, BRANDTJEN, CALLAHAN, MACCO, MAXEY, GOEBEN, TITTL,
WICHGERS, GUNDRUM, MICHALSKI, MURPHY and O'CONNOR, cosponsored by
Senator STROEBEL. Referred to Committee on Agriculture.
***AUTHORS SUBJECT TO CHANGE***
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.
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
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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.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 97.17 (7) of the statutes is created to read:
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.
SECTION 2. 97.176 (8) of the statutes is created to read:
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.
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SECTION 3. 97.177 (3m) of the statutes is created to read:
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.
SECTION 4. 97.20 (2) (e) 6. of the statutes is created to read:
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.
SECTION 5. 97.22 (2) (a) of the statutes is amended to read:
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.
SECTION 6. 97.22 (11) of the statutes is created to read:
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.
(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).
SECTION 7. 97.24 (2) (d) 5. of the statutes is created to read:
97.24 (2) (d) 5. The sale of unpasteurized dairy products under s. 97.26.
SECTION 8. 97.26 of the statutes is created to read:
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97.26 Unpasteurized milk and milk products. (1) DEFINITIONS. In this
section:
(a) “Dairy farm” has the meaning given in s. 97.24 (1) (a).
(b) “Dairy product” has the meaning given in s. 97.20 (1) (b).
(c) “Industry standards” means standards that have been widely adopted in the
unpasteurized dairy industry for the production of unpasteurized dairy products for
human consumption.
(d) “Milk producer” has the meaning given in s. 97.24 (1) (f).
(e) “On-farm processing plant” means a dairy farm that, on farm premises,
processes milk produced on the farm into unpasteurized dairy products for sale to
consumers.
(2) LICENSING REQUIREMENTS. (a) A milk producer who obtains a license from
the department under this section may sell or distribute unpasteurized dairy
products through delivery, at retail stores, or directly from a dairy farm and may
advertise the sale or distribution of unpasteurized dairy products.
(b) Before receiving a license under this section, a milk producer shall do all of
the following:
1. Submit an unpasteurized dairy sample per week for 3 consecutive weeks to
the department for testing. Each sample shall test negative for salmonella,
campylobacter, escherichia coli 0157:H7, and listeria monocytogenes and be in
compliance with the coliform and standard plate count standards under sub. (3).
2. Provide to the department results from tests administered by a licensed
veterinarian that cows used to produce unpasteurized dairy products do not have
tuberculosis or brucellosis.
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3. Show proof of training on raw milk safety by a 3rd party qualified to provide
such training under industry standards or by a 3rd party in collaboration with the
department. The training may consist of a 5-hour online course.
(c) The department shall conduct an on-site inspection at the milk producer's
on-farm processing plant before issuing a license.
(3) TESTING STANDARDS; COLIFORM AND STANDARD PLATE COUNT STANDARDS. (a) 1.
A milk producer licensed under this section that does not perform daily on-farm
testing of its unpasteurized milk for coliform and standard plate count shall every
other week submit to the department results from testing of its unpasteurized milk
by a state certified laboratory for coliform and standard plate counts.
2. A milk producer licensed under this section that performs daily on-farm
testing of its unpasteurized milk for coliform and standard plate count shall every
month submit to the department test results of its unpasteurized milk gathered
on-farm for coliform and standard plate count. The test result shall include the date
the sample was taken and the temperature of the sample at the time of testing.
3. Test results gathered under subd. 1. or 2. shall show a coliform level below
10 bacteria per milliliter of milk and a standard plate count below 10,000 bacteria
per milliliter of milk.
(b) A milk producer licensed under this section that only produces milk and
milk products under this section and does not ship any milk or milk products to any
processing plant, as defined in s. 97.20 (1) (h), shall every other week submit to the
department test results of its unpasteurized milk for other solids, somatic cell count,
milk urea nitrogen, and plate loop count.
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(c) A milk producer licensed under this section shall every 3 months submit to
the department test results of its unpasteurized milk for campylobacter, salmonella,
escherichia coli 0157:H7, and listeria monocytogenes.
(d) The department may, after giving 24 hours' notice, take a sample of
unpasteurized milk from the on-farm processing plant of a milk producer licensed
under this section and test for campylobacter, salmonella, escherichia coli 0157:H7,
and listeria monocytogenes.
(e) If a test result under sub. (c) or (d) is positive, the milk producer shall do all
of the following:
1. Initiate a recall.
2. Stop all production and sale of unpasteurized dairy products until the milk
tests negative for campylobacter, salmonella, escherichia coli 0157:H7, and listeria
monocytogenes.
(f) All cows used to produce unpasteurized dairy products shall be tested yearly
for tuberculosis and brucellosis. Tests shall be administered by a licensed
veterinarian.
(4) STORAGE AND LABELING REQUIREMENTS. (a) All areas, facilities, and
equipment on a dairy farm or on-farm processing plant subject to the requirements
of this section shall be well maintained and clean.
(b) All unpasteurized milk shall be chilled to less than 40 degrees Fahrenheit
within one hour after the completion of milking and must maintain a temperature
of less than 40 degrees Fahrenheit until the milk is sold.
(c) All dairy products subject to the requirements of this section shall be affixed
with a label containing the following consumer advisory statement: “This product
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is not pasteurized and may contain bacteria harmful to those with weakened
immune systems.”
(d) For on-farm and online sales of unpasteurized milk, only a milk producer
or other authorized personnel may fill a container from a bulk tank.
(5) RECORD KEEPING AND FOOD SAFETY PLANNING. (a) A milk producer subject to
the requirements under this section shall do all of the following:
1. Maintain a record of all testing performed on products for at least one year
after the testing has been performed.
2. Maintain a record of consumer complaints for at least one year after the
complaint was made.
3. Maintain bulk tank records for 3 years. All bulk tanks shall have a chart
recorder to establish the record of milk chilling and cleaning processes for the
on-farm processing plant.
(b) A milk producer subject to the requirements under this section shall create
and maintain a written food safety plan that identifies the risks associated with
operating the on-farm processing plant and a plan for managing those risks. Upon
request, the milk producer shall submit a copy of the plan to the department.
(6) RULE MAKING. The department shall promulgate rules to carry out the
requirements of this section. The rules may include standards for the construction,
maintenance, and sanitation of on-farm processing plant buildings and equipment.
The rules shall be consistent with industry standards.
SECTION 9. 97.27 (1) (b) 4. of the statutes is amended to read:
97.27 (1) (b) 4. A warehouse located in a dairy plant licensed under s. 97.20,
an on-farm processing plant under s. 97.26, a food processing plant licensed under
s. 97.29, or a meat establishment licensed under s. 97.42, and used primarily for the
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storage of food ingredients or food products manufactured or processed at the
licensed establishment.
(END)
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