BILL DETAILS

to amend 97.22(1)(f), 97.24(2)(d)2, 97.28(2)(a), 97.42(1)(i), 97.42(4m), 97.42(11);

relating to: the sale of locally-produced and -consumed foods by family farms. This law shall be

known as the Wisconsin Rural Revitalization Act.

Analysis by the Legislative Reference Bureau

The people of the state of Wisconsin, represented in senate and assembly, do

enact as follows:

Whereas, the Wisconsin legislature finds that the family farmer is the backbone of

Wisconsin's economy; and

Whereas, the number of Family Farms has declined significantly, decimating the state's

rural economy; and

Whereas, measures to create more income opportunities for family farms and facilitate

their ability to engage in direct commerce with consumers are needed to revive the states rural

economy; and

Whereas, food locally produced and consumed can enhance food safety with the high

level of traceability that local food commerce provides; and

Whereas, the food safety track record for food locally produced and consumed in the U.S.

is excellent; now therefore, be it

Resolved by the assembly, the senate concurring, That the Wisconsin Legislature seeks

to strengthen the state's rural economy by passing the Wisconsin Rural Revival Act.

Be it further resolved, That:

SECTION

1. 97.24(2)(d)2 of the statutes is amended to read:

2. Incidental sSales of milk directly to consumers at the dairy farm where the milk is produced.

SECTION

2. 97.28(2)(a) of the statutes is amended to read:

(a) The number of egg-laying birds in the egg producer’s flock does not exceed 150 3,000.

SECTION

3. 97.42(1)(i) of the statutes is amended to read:

(i) “Mobile processor” means a person, other than the an owner of the livestock or poultry being

slaughtered or the meat or poultry products being processed, who slaughters livestock or poultry

or processes meat or poultry products for the general public for compensation other than the

trading of services on an exchange basis, and conducts the slaughtering or processing at the

premises of the an owner of the livestock or poultry being slaughtered or the meat or poultry

products being processed.

SECTION

4. 97.42(4m) of the statutes is amended to read:

(4m) Federal requirements. The operator of an establishment that is required to be licensed

under this section shall comply with federal requirements as provided in rules promulgated by

the department. For establishments providing services regulated under 9 CFR 303.1 or 9 CFR

381.10, such rules shall not contain additional requirements beyond what is prescribed in these

federal regulations.

SECTION

5. 97.42(11) of the statutes is amended to read:

(11) Exemption. This section does not apply to owners of poultry with respect to poultry

produced on the owner’s farm, provided his or her sales do not exceed 1,000 birds annually, and

the birds are labeled and tagged to identify the name and address of the producer and are marked

“NOT INSPECTED”. Persons processing more than 1,000 birds but less than 20,000 birds shall

be fully subject to the provisions of this section 9 CFR 381.10 relating to licensing, sanitation,

facilities, and practices for ensuring product is not adulterated, except that, if the department

determines that the protection of consumers from adulterated poultry products will not be

impaired, it may exempt these persons from sub. (3) (a) and (b) provided the birds are labeled or

tagged to identify the name and address of the producer and are marked “NOT INSPECTED”.

SECTION

6. This act shall take effect upon becoming law, the public welfare requiring it

 

BILL DETAILS "ORIGINAL"

The Wisconsin Rural Revival Act Journey

This law shall be known as the Wisconsin Rural Revival Act.  A new section 97.31 of Wisconsin Statutes is created.


Preamble

WHEREAS, The Wisconsin legislature finds that the family farmer is the backbone of Wisconsin's economy; and

WHEREAS, the number of Family Farms has declined significantly, decimating the state's rural economy; and

WHEREAS, measures to create more income opportunities for family farms and facilitate their ability to engage in direct commerce with consumers are needed to revive the states rural economy; and

WHEREAS, food locally produced and consumed can enhance food safety with the high level of traceability that local food commerce provides; and

WHEREAS, nearly all states have cottage food laws deregulating local food commerce; and

WHEREAS, the food safety track record for cottage food producers in the U.S. is excellent with few, if any, cases of foodborne illness being attributed to a producer operating under a state cottage food law; and

NOW, THEREFORE, the legislature resolves to strengthen the state's rural economy by passing the Wisconsin Rural Revival Act.


Purpose 

The purpose of the Wisconsin Rural Revival Act is to strengthen the state's rural economy by facilitating direct commerce between a food producer and consumers, keeping more of the food dollar in the community and improving self-sufficiency in local food production throughout the state as well as improving food safety by increasing the traceability of the food consumed by Wisconsin residents.


Definitions 

"Homemade food" means food or non-alcoholic drink that is prepared in a private home kitchen that is not licensed, inspected or regulated.

"Home consumption" means consumed within a private home or food from a private home that is only consumed by family members, employees, or non-paying guests.

"Informed end consumer" means an individual who purchases the product direct from the producer, does not resell the product, and who has been informed that the product is not licensed, regulated or inspected.

"Producer" means any person who grows, harvests, or prepares any food or drink product.


Exemptions 

Homemade food products produced, sold, and consumed in compliance with the Wisconsin Rural Revival Act shall be exempt from state licensure, permitting, packaging, and labeling requirements.


Sales under this act shall:

(i) be directly between the producer and the informed end consumer;

(ii) only be for home consumption;

(iii) occur only in Wisconsin; 

(iv) not involve interstate commerce; and

(v) not involve the sale of meat or meat products with the following exceptions:

(A) The sale of poultry and poultry products provided:

(1) the producer slaughters not more than one thousand (1,000) poultry his own raising during any one calendar year;

(2) the producer does not engage in buying or selling products other than those produced from poultry of his own raising; and

(3) the poultry product is not adulterated or misbranded.

(B) The sale of live animals.

(C) The sale of portions of live animals before slaughter for future delivery.

(D) the sale of domestic rabbit meat.


Sale and Delivery 

The sale and/or delivery of homemade food produced under this Act may take place at a farm, ranch, farmers market, home, office, or any other location agreed between the producer and informed end consumer.


Labeling

Homemade food sold under this section shall be labeled with:

(a) the producer's name and address;

(b) a disclosure statement that the product is:

(i) not for resale and

(ii) prepared without state or local inspection; and 

(c) a statement listing whether the food or food product contains, or was prepared in a location that also handles, common allergens including milk, soy, wheat, eggs, peanuts or tree nuts, fish or shellfish.


Disclosure to Consumers 

A producer selling homemade food exempt under this section shall inform the end consumer that the food product is not licensed, regulated or inspected by the state or any county or city.


Limitations of Act 

Nothing in this section

(1) means that the department relinquishes its authority to administer the state's program at a standard level at least equal to the standards imposed under the Federal Meat Inspection Act and the Federal Poultry Products Inspection Act;

(2) shall be considered to impede the Wisconsin Department of Health or the Wisconsin Department of Agriculture, Trade and Consumer Protection in an investigation of a foodborne illness;

(3) prohibits a state agency from providing assistance, consulting or inspecting when requested by a producer;

(4) affects the authority of the Department of Health or the Department of Agriculture, Trade and Consumer Protection to certify, license, regulate, or inspect food or food products that are not exempt from certification, licensing, regulation, or inspection as described in this section.


The following statutes are amended:


97.17 Buttermaker and cheesemaker license -- Clause (2), addition at the end of the first sentence: 

"unless selling butter or cheese solely to the final consumer under the requirements of The Wisconsin Rural Revival Act."


97.20 Dairy plants -- Clause (1)(h), addition of a sentence at the end of the definition of "Processing plant":

"Processing plant does not include a facility manufacturing and selling dairy products under The Wisconsin Rural Revival Act."


97.22 Milk producers -- Clause (1)(f), addition of a sentence at the end of the definition of "Milk produce":

 "Milk producer does not include any person who owns or operates a dairy farm and sells or distributes milk produced on that farm solely to consumers under the Wisconsin Rural Revival Act."


97.24 Milk and milk products -- Clause (2)(d)2 revision:

"Sales of milk directly to consumers. Producers selling solely to consumers may, under The Wisconsin Rural Revival Act, also sell at a farmers market or through a delivery route." 


97.27 Food Warehouses -- Clause (1)(b) revision:

"A facility owned by a food producer whose sales are solely direct to the  informed end consumer under the Wisconsin Rural Revival Act."


97.28 Direct sale of eggs -- Clause (2)(a) to shows an increase in the number of egg-laying birds from "150":

"The number of egg-laying birds in the egg producer's flock does not exceed 3,000."


97.29 Food processing plants -- Removal of clause (1)(h)9 and substitution for clause (1)(h)8:

"A place used solely for the production of food sold direct to consumers under The Wisconsin Rural Revival Act."

Omit (1)(h)12 and (2)(b)2


97.30 Retail food establishments -- Clause (1)(c), addition of a sentence at the end:

Retail food establishment does not include a facility where all sales are direct to the final consumer and where all food sold at the facility is produced by the seller."


97.42 Compulsory inspection of livestock or poultry, and meat or poultry  producers --

Clause (1)(h), substitution of the definite article "the" with the indefinite article "a" twice in the phrase "the owner of poultry or livestock"


Clause 4(m), addition:

"For establishments providing services regulated under 9 CFR 303.1 or 9 CFR 381.10, such rules shall not contain additional requirements beyond what is prescribed in these federal regulations."


Clause (11),

"Persons processing more than 1,000 birds but less than 20,000 birds shall be fully subject to the provisions of 9 CFR 381.10."


Neither the Department of Health nor the Department of Agriculture, Trade and Consumer Protection may by rule or policy impose an additional limit, requirement or restriction on a producer selling homemade food under this chapter.

This act shall become law upon becoming a law, the public welfare requiring it.

 

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