Current through February 26, 2024
(1) A person
may, in connection with the sale of a dairy product, represent that the dairy
product is "farmer certified rBST-free" if the representation complies with
this section.
Note: See s.
97.25,
Stats. Subsection (1) does not prohibit the use of other rBST-free claims that
comply with this section.
(2) No person may do any of the following in
connection with the sale of a dairy product:
(a) Make any rBST-free claim that is false,
deceptive or misleading.
(b) Make
any rBST-free claim without appropriate qualifying statements under subs. (3)
and (4).
(c) Make any rBST-free
claim unless that person possesses reasonable substantiation for that claim
when the claim is made. Substantiation shall comply with sub. (5).
(d) Represent, directly or by implication,
that dairy products produced with milk from cows treated with synthetic bovine
somatotropin differ significantly in composition from other dairy
products.
(e) Represent, directly
or by implication, that dairy products produced with milk from cows treated
with synthetic bovine somatotropin are of lower quality, or are less safe or
less wholesome than other dairy products.
(f) Represent, directly or by implication,
that a dairy product contains no bovine somatotropin.
Note: Since bovine somatotropin occurs naturally
in milk, a statement that milk is "BST-free" or "BGH-free" is false unless the
statement is clearly modified to refer to synthetic bovine somatotropin.
Synthetic bovine somatotropin may be designated as "rBST" or
"rBGH."
(g) Make any
rBST-free claim for a dairy product if that dairy product, or any ingredient of
that dairy product, is made with milk from cows treated with synthetic bovine
somatotropin.
(3)
QUALIFYING STATEMENTS REQUIRED. No person may make an rBST-free claim in
connection with the sale of a dairy product unless that claim includes all of
the following qualifying statements:
(a) A
clear and conspicuous statement that milk used in that dairy product is derived
"from cows not treated with rBST," or an equivalent statement which clarifies
that the rBST-free claim denotes a difference in milk production methods rather
than a compositional difference in dairy products.
Note: An unqualified rBST-free claim may be
deceptive or misleading, in that it may imply a compositional difference
between milk from treated and untreated cows rather than a difference in the
way milk is produced.
(b) A
clear and conspicuous statement that no significant difference has been shown
between milk derived from cows treated with synthetic bovine somatotropin and
milk derived from untreated cows.
(c) Other clear and conspicuous qualifying
statements needed to ensure that the rBST-free claim is not untrue, deceptive
or misleading.
Note: For example, if a retailer makes an
rBST-free claim that could be misconstrued to apply to several different
products in a dairy display case, that claim should be qualified to identify
those dairy products to which it applies.
(4) FORMAT OF QUALIFYING STATEMENTS.
(a) Except as provided under par. (b),
qualifying statements required under sub. (3) in connection with an rBST-free
claim shall be both of the following:
1. At
least as clear and conspicuous as the rBST-free claim.
2. Made directly in conjunction with the
rBST-free claim, so that there is no written or graphic material separating the
rBST-free claim from the required qualifying statements.
(b) If an rBST-free claim is made on the
label of a dairy product package, the qualifying statements required under sub.
(3) may appear in a separate statement on the same display panel of that
package if all of the following conditions are met:
1. The principal rBST-free claim is limited
to the phrase "farmer certified rBST-free," "from cows not treated with rBST,"
"made with milk from cows not treated with rBST," or an equivalent
phrase.
2. The qualifying
statements are clearly legible.
3.
The type size of the qualifying statements is not less than 1/3 the type size
of the principal rBST-free claim.
(5) SUBSTANTIATING CLAIMS.
(a) No person may make an rBST-free claim in
connection with the sale of a dairy product unless that person possesses
reasonable substantiation for that claim at the time the claim is made.
Substantiation shall comply with pars. (b) and (c).
(b) Except as provided under par. (c), a
person making an rBST-free claim for a dairy product may substantiate that
claim with a written statement from each person who supplies that dairy product
or its dairy ingredients to the person making the rBST- free claim. The
statement by each supplier shall certify that the dairy product or dairy
ingredient provided by that supplier is made from milk produced without the use
of synthetic bovine somatotropin.
(c) No person who receives raw milk from milk
producers may make an rBST-free claim in connection with the sale of that milk,
or in connection with the sale of any dairy product made from that milk, unless
that claim is substantiated by affidavits from those milk producers. The
affidavits shall comply with sub. (7).
(6) DEMAND FOR SUBSTANTIATION. The department
may issue a written notice to any person making an rBST-free claim in
connection with the sale of a dairy product, requiring that person to provide
the department with that person's substantiation under sub. (5) for that claim.
The department may require that person to provide that substantiation within 14
days, or by a later date specified by the department. No person may fail to
provide substantiation under this subsection within the time specified by the
department.
(7) MILK PRODUCER
AFFIDAVITS.
(a) A milk producer affidavit
under sub. (5) (c) shall be a written statement, signed by the milk producer,
which certifies to the person receiving the affidavit that the milk producer
does not use synthetic bovine somatotropin in the production of milk shipped to
that person. All affidavits shall be sworn and notarized.
(b) No milk producer signing an affidavit
under par. (a) may, contrary to that affidavit, use synthetic bovine
somatotropin in the production of milk shipped to the recipient of that
affidavit.
(c) No milk producer may
do any of the following:
1. Sign an affidavit
under par. (a) if any cow in the milk producer's herd has been treated with
rBST within the previous 30 days.
2. Withdraw or cancel an affidavit under par.
(a) unless that milk producer gives the recipient of that affidavit at least 30
days prior written notice of that withdrawal or cancellation.
3. Add to the milk producer's herd, while his
or her affidavit under par. (a) remains in effect, a cow that has been treated
with rBST within the previous 30 days.
(d) No person may use a milk producer
affidavit to substantiate an rBST-free claim if any of the following applies:
1. The milk producer has withdrawn or
canceled that affidavit.
2. The
person making the rBST-free claim knows, or has reason to know, that the
producer who signed the affidavit is using synthetic bovine somatotropin in
milk production.
