Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB813 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 SENATE BILL 813
5	5	December 19, 2023 - Introduced by Senators JACQUE and STROEBEL, cosponsored by
6	6	Representatives WICHGERS, OHNSTAD and SINICKI. Referred to Committee on
7	7	Agriculture and Tourism.
8	8	*AUTHORS SUBJECT TO CHANGE*
9	9	AN ACT to amend 97.29 (2) (b) 2. c. and 97.29 (2) (b) 2. e.; and to create 97.29
10	10	(1) (he), 97.29 (2) (b) 3. and 97.29 (7) of the statutes; relating to: qualification
11	11	for exemptions from food product licensing requirements for sale of pickled
12	12	fruits and vegetables, baked goods, and other shelf-stable food products.
13	13	Analysis by the Legislative Reference Bureau
14	14	Under current law, a person is not required to obtain a food processing plant
15	15	license from the Department of Agriculture, Trade and Consumer Protection to sell
16	16	food products that the person prepares and cans at home in this state if all of the
17	17	following apply: 1) the food products are a fruit or vegetable pickled at a certain pH
18	18	level; 2) the person sells the food products at a community or social event or a farmers'
19	19	market in this state; 3) the sold food products are labeled with certain information;
20	20	4) the person displays a sign at the place of sale stating that the food product is
21	21	homemade and not subject to state inspection; and 5) the person receives less than
22	22	$5,000 per year from the sale of the food product. This bill increases the sales
23	23	threshold from $5,000 to $25,000, adds sesame to a list of ingredients that must be
24	24	listed by their common name on food labels, and includes in the food processing plant
25	25	license exemption food products that are nonpotentially hazardous foods.
26	26	“Nonpotentially hazardous food” is defined in the bill as prepared food that does not
27	27	require time and temperature control for safety to limit pathogenic microorganism
28	28	growth or toxin formation. The bill also requires a nonpotentially hazardous food
29	29	preparer exempt from the food processing plant license whose business makes more
30	30	than $2,000 per year to register with and provide contact information to DATCP.
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36	36	SENATE BILL 813
37	37	For further information see the state fiscal estimate, which will be printed as
38	38	an appendix to this bill.
39	39	The people of the state of Wisconsin, represented in senate and assembly, do
40	40	enact as follows:
41	41	SECTION 1. 97.29 (1) (he) of the statutes is created to read:
42	42	97.29 (1) (he) “Nonpotentially hazardous food” means prepared food that does
43	43	not require time and temperature control for safety to limit pathogenic
44	44	microorganism growth or toxin formation.
45	45	SECTION 2. 97.29 (2) (b) 2. c. of the statutes is amended to read:
46	46	97.29 (2) (b) 2. c. The person receives less than $5,000 $25,000 per year from
47	47	the sale of the food products.
48	48	SECTION 3. 97.29 (2) (b) 2. e. of the statutes is amended to read:
49	49	97.29 (2) (b) 2. e. Each container of food product that is sold is labeled with the
50	50	name and address of the person who prepared and canned the food product, the date
51	51	on which the food product was canned, the statement “This product was made in a
52	52	private home not subject to state licensing or inspection.", and a list of ingredients
53	53	in descending order of prominence. If any ingredient originates from milk, eggs, fish,
54	54	crustacean shellfish, tree nuts, wheat, peanuts, sesame, or soybeans, the list of
55	55	ingredients shall include the common name of the ingredient.
56	56	SECTION 4. 97.29 (2) (b) 3. of the statutes is created to read:
57	57	97.29 (2) (b) 3. A person is not required to obtain a license under this section
58	58	to sell at retail food products that the person prepares at home in this state if all of
59	59	the following apply:
60	60	a. The food products are nonpotentially hazardous foods.
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83	83	SECTION 4
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85	85	b. The person sells the food products directly to consumers at a community or
86	86	social event or a farmers' market in this state.
87	87	c. The person's business receives less than $25,000 per year from the sale of the
88	88	food products.
89	89	d. The person displays a sign at the place of sale stating the following: “These
90	90	food products are homemade and not subject to state inspection.”
91	91	e. Each container of food product that is sold is labeled with the name and
92	92	address of the person who prepared the food product, the date on which the food
93	93	product was prepared, the statement “This product was made in a private home not
94	94	subject to state licensing or inspection.", and a list of ingredients in descending order
95	95	of prominence. If any ingredient originates from milk, eggs, fish, crustacean
96	96	shellfish, tree nuts, wheat, peanuts, sesame, or soybeans, the list of ingredients shall
97	97	include the common name of the ingredient.
98	98	SECTION 5. 97.29 (7) of the statutes is created to read:
99	99	97.29 (7) REGISTRATION AND INFORMATION REQUIREMENTS FOR NONPOTENTIALLY
100	100	HAZARDOUS FOOD PRODUCERS. (a) If a person is exempted under sub. (2) (b) 3. from the
101	101	license requirement under sub. (2) (a), and the person's business receives more than
102	102	$2,000 per year from the sale of nonpotentially hazardous food products, the person
103	103	shall register with the department and provide to the department, in a manner
104	104	determined by the department, the following information regarding the person's
105	105	business associated with the sale of the nonpotentially hazardous food products:
106	106	1. The name of the business.
107	107	2. The operator of the business.
108	108	3. The physical address and telephone number of the business and, if available,
109	109	an email address of the business.
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136	136	SECTION 5 SENATE BILL 813
137	137	4. A complete list of food products that the business sells to the public.
138	138	5. Any other information, as required by the department.
139	139	(b) The department shall encourage persons to whom the exemption in sub. (2)
140	140	(b) 3. applies to attend and complete training that is approved by the department
141	141	concerning the preparation of nonpotentially hazardous foods and to have their
142	142	recipes and processes reviewed by a person who is knowledgeable about the
143	143	nonpotentially hazardous food industry and who is recognized by the department as
144	144	an authority on preparing nonpotentially hazardous foods.
145	145	(c) The department in cooperation with the University of Wisconsin-Madison
146	146	division of extension shall attempt to maximize the availability of information and
147	147	technical services and support for persons who wish to home prepare nonpotentially
148	148	hazardous foods.
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