Wisconsin Administrative Code
Department of Agriculture, Trade and Consumer Protection
ATCP 55-89 - Food, Lodging, and Recreation Safety
Chapter ATCP 85 - Butter Grading And Labeling
Section ATCP 85.06 - Grade labeling

Universal Citation: WI Admin Code ยง ATCP 85.06

Current through August 26, 2024

(1) DEFINITION OF TERMS.

(a) Selling butter "at retail" shall mean selling for consumption or use, or for any purpose other than resale as butter, regardless of quantity, and shall include selling to persons who sell meals or lunches. The term shall not include selling with and as a part of any meal or lunch.

(b) "Label" means a display of written, printed or graphic matter on the outside container or wrapper of the retail package of butter.

(2) GRADE STATEMENT ON PACKAGE LABEL. No person shall sell, offer or expose for sale, or have in possession with intent to sell, any butter at retail unless its label bears a statement of the grade determined under these regulations. The grade statement shall be "Wisconsin Grade AA", "Wisconsin Grade A", "Wisconsin Grade B", or "Wisconsin Undergrade", as the case may be. The letters "AA", "A" or "B" may immediately precede the term "Grade" and the name of the state may be abbreviated "Wis." The letters of the grade statement shall be not less than 12-point type, on a strongly contrasting background. The grade statement shall prominently appear on the part or panel of the label which is presented or displayed under customary conditions of purchase. The term "when graded" or similar qualifying terms shall not be used on the label in conjunction with the grade statement.

(3) UNIFORM INSIGNIA FOR WISCONSIN GRADE AA OR A. A uniform grade insignia may be used on the package label of butter which has been manufactured in Wisconsin and which has been graded "Wisconsin Grade AA" or "Wisconsin Grade A". The insignia shall consist of the grade statement enclosed by an outline map of Wisconsin. The lines forming the map shall be not less than 3 points in width. The grade statement shall otherwise conform to the requirements in sub. (2). No other written, printed or graphic matter shall appear within the outline map. No person shall use the grade insignia on the label of any butter except as herein provided; nor shall any person use any insignia in semblance thereof on the label of any butter.

(4) CODING OF CONSUMER PACKAGES. Persons packaging butter shall mark or code each consumer package or bulk container of butter and shall keep records from which the department can determine the name of the grader certifying the grade and the date of printing or churning.

(5) EXCEPTION, U.S. GRADED BUTTER. The provisions of this section shall not be applicable to any butter, the label of which bears the grade U.S. Grade AA, U.S. Grade A or U.S. Grade B, determined by official inspection under federal regulations and standards.

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