Wisconsin Statutes 97.25 – Use of synthetic bovine growth hormone; labeling of dairy products
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Terms Used In Wisconsin Statutes 97.25
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
- Promulgate: when used in connection with a rule, as defined under…. See Wisconsin Statutes 990.01
- State: when applied to states of the United States, includes the District of Columbia, the commonwealth of Puerto Rico and the several territories organized by Congress. See Wisconsin Statutes 990.01
- Sworn: includes "affirmed" in all cases where by law an affirmation may be substituted for an oath. See Wisconsin Statutes 990.01
(1) Definitions. In this section:
(a) “Dairy plant” has the meaning given in s. 97.20 (1) (a).
(b) “Dairy product” means cow’s milk or any product or by-product derived solely from cow’s milk, or any item in which cow’s milk or any product or by-product derived solely from cow’s milk is a principal ingredient.
(c) “Milk producer” has the meaning given in s. 97.22 (1) (f).
(2) Prohibition. No person may place upon the label of a dairy product a statement indicating that the dairy product is not produced from herds being administered synthetic bovine growth hormone except as provided in sub. (3).
(3) Rules. The department shall promulgate rules authorizing the operator of a dairy plant licensed under s. 97.20 or a retail food establishment licensed under s. 97.30 who complies with the rules to place upon the label of a dairy product the statement “Farmer-certified rBGH free.” or an equivalent statement that is not false or misleading. The statement shall be based upon affidavits from milk producers stating that the milk producers do not use synthetic bovine growth hormone for the production of milk.
(3m) Duration of milk producer affidavits.
97.25(3m)(a) (a) In this subsection, “milk producer affidavit” means a written, sworn, and notarized statement signed by a milk producer that certifies to the person receiving the affidavit that the milk producer does not use synthetic bovine growth hormone in the production of milk delivered to the person.
(b) The department may not promulgate a rule under sub. (3) that limits the duration that a milk producer affidavit may be used to substantiate a claim that a dairy product contains no synthetic bovine growth hormone or is made from milk produced without the use of synthetic bovine growth hormone.
(4) Reciprocity. A person may sell a dairy product that is labeled for retail sale in another state the label of which indicates that the dairy product is not produced from herds being administered synthetic bovine growth hormone only if the dairy product is from a state identified by the department as having laws comparable to this state’s laws on labeling dairy products not produced with synthetic bovine growth hormone and is labeled in compliance with the laws of that state.