97.09 Rules.
(1) Definitions and standards of identity, composition, quality and fill of container for foods, and amendments thereto, now or hereafter adopted under the federal act or this chapter are definitions and standards of identity, composition, quality and fill of container under s. 97.03. However, when such action will promote honesty and fair dealing in the interest of consumers, the department may amend, stay or reject such federal regulations or make rules establishing definitions and standards of identity, composition, quality and fill of container for foods where no federal regulations exist, or which differ from federal regulations.
(2) Temporary permits granted under the federal act for interstate shipment of experimental packs of food varying from the requirements of federal definitions and standards of identity are automatically effective in this state under conditions set forth in such permits.
(3) The department may also issue temporary marketing permits upon a convincing showing of need to continue a market study where the interests of consumers are safeguarded. Such permits are subject to terms and conditions prescribed by departmental rules but may not be issued for a period exceeding 6 months plus one renewal period of 6 months after departmental review.
(4) The department may, by rule, establish and enforce standards governing the production, processing, packaging, labeling, transportation, storage, handling, display, sale, including retail sale, and distribution of foods that are needed to protect the public from the sale of adulterated or misbranded foods.
(5) The department shall promulgate rules establishing standards and procedures for the labeling of organic food. The rules may establish a process whereby organizations, businesses and firms certify that foods represented as organic foods comply with established standards. In this subsection, “organic food" means any food that is marketed using “organic" or any derivative of “organic" in its labeling or advertising.
History: 1971 c. 156; 1983 a. 261; 1987 a. 278; 2015 a. 242.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 97 - Food, lodging, and recreation.
97.02 - Standards; adulterated food.
97.03 - Standards; misbranding.
97.13 - Sale of fish flour regulated.
97.17 - Buttermaker and cheesemaker license.
97.175 - Butter and cheese grader license requirements.
97.176 - Butter; grading; label.
97.177 - Cheese; grading; labeling.
97.18 - Oleomargarine regulations.
97.21 - Milk haulers and milk distributors.
97.23 - Drug residues in milk.
97.24 - Milk and milk products.
97.25 - Use of synthetic bovine growth hormone; labeling of dairy products.
97.29 - Food processing plants.
97.30 - Retail food establishments.
97.305 - Restaurants serving fish.
97.307 - Average annual surveys.
97.32 - Special dairy and food inspectors.
97.33 - Certificate of food protection practices.
97.34 - Bottled drinking water and soda water beverage; standards; sampling and analysis.
97.41 - Retail food: agent status for local health departments.
97.42 - Compulsory inspection of livestock or poultry, and meat or poultry products.
97.43 - Meat from dead or diseased animals.
97.44 - Identification of meat for animal feed; registration and records of buyers.
97.57 - Planted or cultivated rice.
97.60 - Coordination; certification.
97.605 - Lodging and vending licenses.
97.607 - Pre-licensing inspection.
97.61 - Vending machine commissary outside the state.
97.615 - Agent status for local health departments.
97.617 - Application; lodging and vending.
97.62 - Health and safety; standard.
97.625 - Powers of the department and local health departments.
97.627 - Causing fires by tobacco smoking.
97.633 - Hotelkeeper's liability.
97.634 - Hotelkeeper's liability for baggage; limitation.
97.635 - Liability of hotelkeeper for loss of property by fire or theft; owner's risk.
97.638 - Hotel rates posted; rate charges; special rates.
97.67 - Recreational licenses and fees.
97.70 - Authority of department of safety and professional services.