Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB999 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 999
5	5	January 25, 2024 - Introduced by Representatives GOEBEN, C. ANDERSON, BEHNKE,
6	6	DITTRICH, EDMING, GUNDRUM, GUSTAFSON, KITCHENS, MAXEY, MOSES, MURPHY,
7	7	NOVAK, O'CONNOR, OLDENBURG, PALMERI, PENTERMAN, SAPIK, SCHMIDT, SCHUTT,
8	8	SORTWELL, SUBECK, TRANEL, KURTZ and BRANDTJEN, cosponsored by Senators
9	9	MARKLEIN, COWLES, PFAFF, SPREITZER and WANGGAARD. Referred to Committee
10	10	on Agriculture.
11	11	*AUTHORS SUBJECT TO CHANGE*
12	12	AN ACT to create 97.26 of the statutes; relating to: labeling food as a type of
13	13	dairy product or as a dairy ingredient and granting rule-making authority.
14	14	Analysis by the Legislative Reference Bureau
15	15	Under this bill, no person may label a food product as, or sell or offer for sale
16	16	a food product that is labeled as, a type of dairy product, such as cream, yogurt, or
17	17	cheese, unless the food product is a dairy product. This prohibition applies to most
18	18	dairy products but excludes milk and other products derived solely from the milk of
19	19	cows or other hooved or camelid mammals.
20	20	Also, under the bill, no person may label a food product as, or sell or offer for
21	21	sale a food product that is labeled as, a type of dairy ingredient unless the food
22	22	product is derived from cow's milk, or hooved or camelid mammal's milk or a type of
23	23	milk that meets certain specifications under federal law. The bill also requires the
24	24	Department of Agriculture, Trade and Consumer Protection to promulgate rules to
25	25	implement the bill's prohibitions.
26	26	Each prohibition in the bill applies only if at least 10 states out of a group of 15
27	27	states listed in the bill enact a similar prohibition by June 30, 2031; otherwise the
28	28	prohibition does not apply.
29	29	For further information see the state fiscal estimate, which will be printed as
30	30	an appendix to this bill.
31	31	The people of the state of Wisconsin, represented in senate and assembly, do
32	32	enact as follows:
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34	34	2 - 2 -2023 - 2024 Legislature LRB-5370/1
35	35	JAM:cdc
36	36	SECTION 1 ASSEMBLY BILL 999
37	37	SECTION 1. 97.26 of the statutes is created to read:
38	38	97.26 Labeling food as a type of dairy product. (1) DAIRY PRODUCTS.
39	39	Beginning 6 months after publication of the notice under sub. (4) (a), no person may
40	40	label a food product as, or sell or offer for sale a food product that is labeled as, a type
41	41	of dairy product described in s. 97.20 (1) (b) 3. to 5. or a similar term unless the food
42	42	product is a dairy product, as defined in s. 97.20 (1) (b).
43	43	(2) DAIRY INGREDIENTS. Beginning 6 months after publication of the notice
44	44	under sub. (4) (b), no person may label a food product as, or sell or offer for sale a food
45	45	product that is labeled as, a type of dairy ingredient unless the food product is derived
46	46	from at least one of the following:
47	47	(a) Milk, lowfat milk, skim milk, or nonfat dry milk.
48	48	(b) A product described in 21 CFR 131.110 to 131.147.
49	49	(c) Hooved or camelid mammals' milk, as defined in s. 97.20 (1) (fm).
50	50	(3) RULES. (a) The department shall promulgate rules to implement sub. (1).
51	51	(b) The department shall promulgate rules to implement sub. (2).
52	52	(4) ENACTMENT BY OTHER STATES. (a) As soon as possible after at least 10 states
53	53	out of the group of states composed of Illinois, Indiana, Iowa, Kentucky, Maryland,
54	54	Michigan, Minnesota, Missouri, North Dakota, North Carolina, Ohio, South Dakota,
55	55	Tennessee, Virginia, and West Virginia enact a prohibition that is substantially
56	56	similar to sub. (1), the department shall submit to the legislative reference bureau
57	57	for publication in the Wisconsin Administrative Register a notice specifying the date
58	58	that at least 10 of the states listed in this paragraph have enacted a prohibition
59	59	substantially similar to sub. (1). This paragraph does not apply after June 30, 2031.
60	60	(b) As soon as possible after at least 10 states out of the group of states
61	61	composed of Illinois, Indiana, Iowa, Kentucky, Maryland, Michigan, Minnesota,
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89	89	SECTION 1
90	90	ASSEMBLY BILL 999
91	91	Missouri, North Dakota, North Carolina, Ohio, South Dakota, Tennessee, Virginia,
92	92	and West Virginia enact a prohibition that is substantially similar to sub. (2), the
93	93	department shall submit to the legislative reference bureau for publication in the
94	94	Wisconsin Administrative Register a notice specifying the date that at least 10 of the
95	95	states listed in this paragraph have enacted a prohibition substantially similar to
96	96	sub. (2). This paragraph does not apply after June 30, 2031.
97	97	(5) APPLICABILITY. (a) Subsections (1) and (3) (a) do not apply if a notice under
98	98	sub. (4) (a) has not been published.
99	99	(b) Subsections (2) and (3) (b) do not apply if a notice under sub. (4) (b) has not
100	100	been published.
101	101	(END)
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