2010 Wisconsin Code
Chapter 97. Food regulation.
97.48 Dairy products, adding foreign fats; oleomargarine permitted.


97.48 Dairy products, adding foreign fats; oleomargarine permitted.




(a) In this subsection "dairy product" means all of the following:


1. A product, except mellorine, described in 21 CFR 131 to 135.


2. "Butter" as described in s. 97.01 (1).


2m. "Light butter" as described in s. 97.03 (3) (b).


3. "Yogurt", "lowfat yogurt" and "skim milk yogurt" or "nonfat yogurt" as described by rule by the department.


(b) No person may sell any food product that is made to resemble a dairy product unless:


1. The food product bears a statement on the main display panel of the package or container stating that the food is an artificial product in letters not less than one-half the size of the product name, but in no case may the letters be smaller than 18 point type size; and


2. The label on the food product clearly states the major differences in ingredients and nutritional value between the artificial product and the dairy product it is made to resemble.


(c) A food product is made to resemble a dairy product if any of the following occurs:


1. The food physically resembles a dairy product.


2. The packaging used resembles the packaging used for a dairy product.


3. The food is displayed in a retail establishment in the same manner as a dairy product.


4. Verbal or pictorial expressions are used on the food's labeling or in advertisements or other similar devices used to promote the food that state or imply that the food is a dairy product.


(d) The department may adopt rules that are needed to implement and administer this subsection.


(2) This section does not prohibit the manufacture or sale of proprietary foods containing milk or skim milk to which have been added any fat or oil other than milk fat when such foods are clearly labeled to show their composition and the fact that they are to be sold exclusively for use as directed by physicians.


(3) This section does not prohibit the manufacture or sale of oleomargarine or margarine.


(4) The sale or serving of any product for use as a coffee cream or whitener in any restaurant or public eating establishment, other than cream, half and half or lighter varieties of cream, is prohibited. This subsection shall not apply to coffee whitener sold or dispensed by a vending machine provided such machine bears a prominently affixed label or legend stating that the coffee whitener sold or dispensed is not a dairy product or is an imitation dairy product.

97.48 - ANNOT.

History: 1971 c. 212; 1977 c. 83; 1981 c. 345; 1983 a. 189 s. 329 (20); 1991 a. 111.

97.48 - ANNOT.

Although sub. (4) achieves the legitimate state interest of preventing fraudulent substitution of nondairy whiteners for cream without the knowledge or assent of the restaurant consumer, the statute imposes a clearly excessive burden upon interstate commerce. Coffee-Rich, Inc. v. Department of Agriculture, 70 Wis. 2d 265, 234 N.W.2d 270 (1975).

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