2010 Wisconsin Code
Chapter 97. Food regulation.
97.03 Standards; misbranding.

97.03

97.03 Standards; misbranding.

97.03(1)

(1) A food is misbranded:

97.03(1)(a)

(a) If its labeling is false or misleading in any particular.

97.03(1)(b)

(b) If it is offered for sale under the name of another food.

97.03(1)(c)

(c) If its container is so made, formed or filled as to be misleading.

97.03(1)(d)

(d) If in package form, unless it bears a label containing all of the following:

97.03(1)(d)1.

1. The name and place of business of the manufacturer, packer or distributor.

97.03(1)(d)2.

2. An accurate statement of the quantity of the contents in terms of weight, measure or numerical count.

97.03(1)(e)

(e) If any word, statement or other information required to appear on the label or labeling is not prominently placed thereon with such conspicuousness and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.

97.03(1)(f)

(f) If it is represented as a food for which a definition and standard of identity has been prescribed under s. 97.09 unless it conforms to such definition and standard and its label, except when its label complies with the federal act, bears the name of the food specified in the definition and standard and the common names of ingredients present in such food.

97.03(1)(g)

(g) If it is represented as:

97.03(1)(g)1.

1. A food for which a standard of quality has been prescribed under s. 97.09 and its quality falls below such standard unless its label bears, in the manner and form as such regulations specify, a statement that it falls below such standard.

97.03(1)(g)2.

2. A food for which a standard or standards of fill of container have been prescribed under s. 97.09 and it falls below the standard of fill of container applicable thereto, unless its label bears, in the manner and form as such regulations specify, a statement that it falls below such standard.

97.03(1)(h)

(h) If it is a food for which no definition or standard of identity has been prescribed unless it bears a label clearly giving the common or usual name of the food if any, and in case it is fabricated from 2 or more ingredients, the common or usual name of each such ingredient; provided that to the extent that compliance with this subdivision is impractical or results in deception or unfair competition, exemptions shall be established by departmental rule.

97.03(1)(i)

(i) If it purports to be or is represented for special dietary uses, unless its label bears such information concerning its vitamin, mineral and other dietary properties as the department determines to be, and prescribes as, necessary in order to fully inform purchasers as to its value for such uses.

97.03(1)(k)

(k) If it bears or contains any artificial flavoring, artificial coloring or chemical preservative, unless it bears a label stating that fact.

97.03(1)(m)

(m) If it is a product intended as an ingredient of another food and when used according to the directions of the purveyor will result in the final food product being adulterated or misbranded.

97.03(1)(n)

(n) If it is a color additive unless its packaging and labeling are in conformity with such packaging and labeling requirements applicable to such color additive prescribed under the federal act.

97.03(2)

(2)

97.03(2)(a)

(a) Packages of fresh fruits and vegetables, the contents of which are plainly visible to the purchaser shall be exempt from a declaration of numerical count and identity under this section if the package contains 6 units or less, except that when the quantity of the food is customarily expressed in terms of weight or measure, as distinguished from numerical count, the food shall bear a label declaring the quantity.

97.03(2)(b)

(b) A food is exempt from labeling requirements under this section if the food, having been received in bulk containers by a retailer, is packaged by the retailer and displayed to the purchaser with a counter card, sign or other appropriate device bearing prominently and conspicuously the label information required by this section.

97.03(2)(c)

(c) Sausage enclosed in a casing is exempt from labeling requirements under this section if it is displayed to the purchaser with a counter card, sign or other appropriate device bearing prominently and conspicuously the label information required by this section; but if the sausage is weighed at the time of sale a statement of weight is not required. If encased sausage is placed in another package, labeling requirements of this section apply.

97.03(2)(d)

(d) Bakery products enclosed in transparent containers or enclosed in containers which provide a transparent opening to afford a clear view of the product are exempt from labeling requirements under this section when such products are sold at retail by the bakery operator or the bakery operator's employee direct to the consumer at the baker's own retail bakery service counter operated by the baker who has produced these products, and when displayed to the purchaser with a counter card, sign or other appropriate device bearing conspicuously the label information required under this section.

97.03(2)(e)

(e) A food shall be exempt from the labeling requirements under this chapter if the food, in accordance with the practice of the trade, is to be processed, labeled or repacked in substantial quantities by the buyer, on condition that such food is not adulterated or misbranded under this chapter upon completion of such processing, labeling or repacking by the buyer.

97.03(3)

(3)

97.03(3)(a)

(a) Except as provided in par. (b), no person may use the term "butter" in the name or in connection with the name, designation, advertising or description of any article of food prepared and offered for sale or served with any meal for which a charge is made unless all of the fat contained in such article of food is butterfat. This paragraph does not prohibit any representation that a food is flavored with butter if at least 12% of the fat in such food is butterfat or if the food contains the concentrated flavor elements derived from natural butterfat in sufficient quantities to impart a characteristic butter flavor.

97.03(3)(b)

(b) A person may use the term "light butter" or "lite butter" in the name or in connection with the name, designation, advertising or description of an article of food prepared and offered for sale or served with any meal if the product is produced to resemble butter, contains 52% butterfat within tolerances that are acceptable to the department, has at least one-third fewer calories than butter, is made from pasteurized milk or cream or both and contains 15,000 international units of vitamin A per pound within tolerances of good manufacturing practices. The product may contain only the following additional ingredients:

97.03(3)(b)1.

1. Partially skimmed or skim milk.

97.03(3)(b)2.

2. Buttermilk.

97.03(3)(b)3.

3. Whey and whey-derived ingredients.

97.03(3)(b)4.

4. Water.

97.03(3)(b)5.

5. Salt or salt substitutes.

97.03(3)(b)6.

6. Bacterial cultures.

97.03(3)(b)7.

7. Nutritive sweeteners.

97.03(3)(b)8.

8. Emulsifiers and stabilizers.

97.03(3)(b)9.

9. Safe and suitable color additives.

97.03(3)(b)10.

10. Natural flavors.

97.03(3)(b)11.

11. Safe and suitable ingredients that improve texture, prevent syneresis or extend the shelf life of the product.

97.03 - ANNOT.

History: 1971 c. 156 ss. 2, 3, 5; 1977 c. 216; 1991 a. 111; 1993 a. 492; 1995 a. 225.

97.03 - ANNOT.

Cross Reference: See also ch. ATCP 55, Wis. adm. code.

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