SB 813 — Relating to: qualification for exemptions from food product licensing requirements for sale of pickled fruits and vegetables, baked goods, and other shelf-stable food products. (FE)

Bill Text

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Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill increases the sales threshold for exemptions from food processing plant licensing and defines nonpotentially hazardous foods, while also imposing new registration requirements for certain producers.

• 97.29 (2) (b) 2. c.

  The person receives less than $5,0000 per year from the sale of the food products. → The person's business receives less than $25,000 per year from the sale of the food products.

  The sales threshold for the exemption from licensing is increased from $5,000 to $25,000.

• 97.29 (2) (b) 2. e.

  the statement “This product was made in a private home not subject to state licensing or inspection.” → the statement “This product was made in a private home not subject to state licensing or inspection.” and a list of ingredients in descending order of prominence. If any ingredient originates from milk, eggs, fish, crustacean shellfish, tree nuts, wheat, peanuts, sesame, or soybeans, the list of ingredients shall include the common name of the ingredient.

  The labeling requirements for home-canned food products now include sesame as an ingredient that must be listed by its common name.

• “Nonpotentially hazardous food” means prepared food that does not require time and temperature control for safety to limit pathogenic microorganism growth or toxin formation.

  A new definition for nonpotentially hazardous food is established.

• 97.29 (2) (b) 3.

  A person is not required to obtain a license under this section to sell at retail food products that the person prepares at home in this state if all of the following apply: The food products are nonpotentially hazardous foods. The person sells the food products directly to consumers at a community or social event or a farmers' market in this state. The person's business receives less than $25,000 per year from the sale of the food products. The person displays a sign at the place of sale stating the following: “These food products are homemade and not subject to state inspection.” Each container of food product that is sold is labeled with the name and address of the person who prepared the food product, the date on which the food product was prepared, the statement “This product was made in a private home not subject to state licensing or inspection.”, and a list of ingredients in descending order of prominence. If any ingredient originates from milk, eggs, fish, crustacean shellfish, tree nuts, wheat, peanuts, sesame, or soybeans, the list of ingredients shall include the common name of the ingredient.

  A new exemption clause for nonpotentially hazardous foods sold at retail is established, detailing conditions under which a license is not required.

• 97.29 (7)

  REGISTRATION AND INFORMATION REQUIREMENTS FOR NONPOTENTIALLY HAZARDOUS FOOD PRODUCERS. If a person is exempted under sub. (2) (b) 3. from the license requirement under sub. (2) (a), and the person's business receives more than $2,000 per year from the sale of nonpotentially hazardous food products, the person shall register with the department and provide to the department, in a manner determined by the department, the following information regarding the person's business associated with the sale of the nonpotentially hazardous food products: The name of the business. The operator of the business. The physical address and telephone number of the business and, if available, an email address of the business. A complete list of food products that the business sells to the public. Any other information, as required by the department.

  New registration requirements for producers of nonpotentially hazardous foods are introduced, including providing business information to the department.

Action History

1. April 15, 2024

   Failed to pass pursuant to Senate Joint Resolution 1

2. January 18, 2024

   Senator Stroebel withdrawn as a coauthor

3. December 19, 2023

   Read first time and referred to Committee on Agriculture and Tourism

4. December 19, 2023

   Introduced by Senators Jacque and Stroebel; cosponsored by Representatives Wichgers, Ohnstad and Sinicki

Sponsors

• André Jacque · Primary
• Stroebel · Primary

Subjects