SB 463 — Relating to: labeling food as a type of dairy product or as a dairy ingredient and granting rule-making authority. (FE)

- 2020 LEGISLATURE LRBa0628/1LRB-4023/1 KP:cdcKP:skw SENATE AMENDMENT 1, TO SENATE BILL 463 OctoberSeptember 22,27, 2019 - OfferedIntroduced by SenatorSenators MARKLEIN.M ARKLEIN, B ERNIER, FEYEN , L EM AHIEU, RINGHAND and T IFFANY, cosponsored by Representatives RANEL , O LDENBURG , DITTRICH, EDMING, JAMES, KULP, NOVAK, PETRYK, PRONSCHINSKE , Q UINN, SKOWRONSKI , UMMERFIELD , TAUCHEN , USLER, VANDERM EER , ORPAGEL and W ITTKE.

AtReferred theto locationsCommittee indicated,on amendAgriculture, theRevenue billand asFinancial follows:Institutions.

1.A N A CT to create 97.26 of the statutes;

Pagerelating 2,to: line 1:

deletelabeling “No"food andas substitutea “Beginningtype 6of monthsdairy afterproduct publicationor ofas thea noticedairy underingredient sub.and granting rule-making authority.

(4)Analysis (a),by no".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, a type of dairy product, such as cream, yogurt, or cheese, unless the food product is a dairy product.

2.This prohibition applies to most dairy products but excludes milk and other products derived solely from the milk of cows or other hooved or camelid mammals.

PageAlso, 2,under linethe 5:bill, no person may label a food product as, or sell or offer for sale a food product that is labeled as, a type of dairy ingredient unless the food product is derived from cow's milk, or hooved or camelid mammal's milk or a type of milk that meets certain specifications under federal law.

deleteThe “No"bill also requires the Department of Agriculture, Trade and substituteConsumer “BeginningProtection 6to monthspromulgate afterrules publicationto ofimplement the noticebill's underprohibitions. sub.

(4)For (b),further no".information see the state fiscal estimate, which will be printed as an appendix to this bill.

3.The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

PageSECTION 2,1. line 11:

delete97.26 linesof 11the tostatutes 14is andcreated substitute:to read:

“(3)- RULES.2020 Legislature - 2 - LRB-4023/1 KP:skw SENATE BILL 463 SECTION 1 97.26 Labeling food as a type of dairy product.

(a)(1) TheD departmentAIRY shallPRODUCTS. promulgate rules to implement sub.

(1).No person may label a food product as, or sell or offer for sale a food product that is labeled as, a type of dairy product described in s.

(b)97.20 The(1) department(b) shall3. promulgate rules to implement sub.

(2).to 5.

(4)or ENACTMENTa BYsimilar OTHERterm STATES.unless the food product is a dairy product, as defined in s.

(a)97.20 As(1) soon(b). 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),(2) theDAIRY departmentINGREDIENTS.No shallperson submitmay tolabel thea legislativefood referenceproduct bureauas, LRBa0628/1or -sell 2020or Legislatureoffer - 2 - KP:cdc for publicationsale in the Wisconsin Administrative Register a noticefood specifyingproduct thethat dateis thatlabeled atas, leasta 10type of thedairy statesingredient listedunless inthe thisfood paragraphproduct haveis enactedderived afrom prohibitionat substantiallyleast similarone toof sub.the following:

(1).(a) Milk, lowfat milk, skim milk, or nonfat dry milk.

This(b) paragraphA doesproduct notdescribed applyin after21 JuneCFR 30,131.110 2031.to 131.147.

(b)(c) AsHooved soonor ascamelid possiblemammals' aftermilk, atas leastdefined 10in statess. 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.

(2),97.20 the(1) department(fm). 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 paragraph have enacted a prohibition substantially similar to sub.

(2).(3) RULES.

ThisThe paragraphdepartment doesshall notpromulgate applyrules afterto Juneimplement 30,this 2031.section.

(5)SECTION A2.Effective PPLICABILITY.(a)date. Subsections (1) and (3) (a) do not apply if a notice under sub.

(4)(1) (a)This hasact nottakes beeneffect published.on the first day of the 7th month beginning after publication.

(b) Subsections (2) and (3) (b) do not apply if a notice under sub.

(4) (b) has not been published.”.