Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 65.52 - Unpasteurized milk sales prohibited; exemptions

No person may sell or distribute unpasteurized milk or dairy products to consumers or to any person for resale or redistribution in unpasteurized form to consumers. This section does not prohibit any of the following:

(1) The sale or distribution of milk or dairy products that are heat sterilized in hermetically sealed containers.

(2) The distribution of unpasteurized fluid milk, produced on a dairy farm, to any of the following:

(a) The milk producer who is licensed under s. ATCP 65.02(1) to operate that dairy farm, and who, as license holder, assumes legal responsibility for dairy farm and milking operations.

(b) An individual who has a bona fide ownership interest in the dairy farm and milking operation under par. (a), if the milk producer operating the dairy farm and milking operation is a legal entity other than an individual or married couple.

(c) A family member or nonpaying household guest who consumes the milk at the home of an individual milk producer or bona fide owner under par. (a) or (b).

(3) The sale or distribution of unpasteurized milk, produced on a dairy farm, to the employees of that dairy farm.

(4) The incidental sale of unpasteurized milk to a consumer at the dairy farm where the milk is produced. A sale is not incidental if the consumer subsequently sells the milk or distributes the milk, other than distribution for consumption by the consumer, the consumer's family, or the consumer's nonpaying household guests. A sale is not incidental if it is made in the regular course of business, or is preceded by any advertising, offer or solicitation made to the general public through any communications medium.

Notes

Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 65.52

Adopted by, CR 14-073: cr. Register August 2016 No. 728, eff. 9/1/2016