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2023 - 2024 LEGISLATURE
2023 SENATE BILL 886
January 5, 2024 - Introduced by Senators MARKLEIN, BALLWEG, COWLES, FEYEN,
PFAFF, QUINN, SPREITZER, WIMBERGER and WANGGAARD, cosponsored by
Representatives SCHMIDT, MAXEY, C. ANDERSON, BALDEH, BARE, BEHNKE,
BINSFELD, DITTRICH, DUCHOW, EDMING, GOEBEN, GUNDRUM, GUSTAFSON,
KITCHENS, KURTZ, MELOTIK, MICHALSKI, MOSES, MURPHY, NOVAK, O'CONNOR,
OLDENBURG, RETTINGER, ROZAR, SAPIK, SCHUTT, SHANKLAND, STEFFEN, TITTL,
TRANEL, S. JOHNSON and SCHRAA. Referred to Committee on Agriculture and
Tourism.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to create 97.26 of the statutes; relating to: labeling a food product as
a type of milk and granting rule-making authority.
Analysis by the Legislative Reference Bureau
Under this bill, no person may label a food product as, or sell or offer for sale
a food product that is labeled as, any type of milk unless the food product is cow's milk
or hooved or camelid mammal's milk or a type of milk that meets certain
specifications under federal law. The bill also requires the Department of
Agriculture, Trade and Consumer Protection to promulgate rules to implement the
prohibition in the bill.
The prohibition in the bill applies only if at least 10 states out of a group of 15
states listed in the bill enact a prohibition similar to this bill by June 30, 2031;
otherwise the prohibition in the bill does not apply.
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. 97.26 of the statutes is created to read:
97.26 Labeling of food product as milk. (1) PROHIBITION. Beginning 6
months after publication of the notice under sub. (3), no person may label a food
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SECTION 1 SENATE BILL 886
product as, or sell or offer for sale a food product that is labeled as, any type of “milk”
unless the food product is at least one of the following:
(a) Milk, lowfat milk, skim milk, or nonfat dry milk.
(b) A product described in 21 CFR 131.110 to 131.147.
(c) Hooved or camelid mammals' milk, as defined in s. 97.20 (1) (fm).
(2) RULES. The department shall promulgate rules to implement this section.
(3) ENACTMENT BY OTHER STATES. As soon as possible after at least 10 states out
of the group of states composed of Illinois, Indiana, Iowa, Kentucky, Maryland,
Michigan, Minnesota, Missouri, North Dakota, North Carolina, Ohio, South Dakota,
Tennessee, Virginia, and West Virginia enact a prohibition that is substantially
similar to sub. (1), the department shall submit to the legislative reference bureau
for publication in the Wisconsin Administrative Register a notice specifying the date
that at least 10 of the states listed in this subsection have enacted a prohibition
substantially similar to sub. (1). This subsection does not apply after June 30, 2031.
(4) APPLICABILITY. Subsections (1) and (2) do not apply if a notice under sub. (3)
has not been published.
(END)
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