MADISON — If a food product is labeled milk, it had better come from a cow or a goat and not a nut, a state senator told the Senate Agriculture and Tourism Committee Tuesday.

Testifying for the three truth-in-labeling bills he authored, Sen. Howard Marklein, R-Spring Green, said farmers have told him that the legislation is important to their bottom line.

“It’s more than cosmetic, it would have a tremendous impact,” said Marklein, whose district includes Grant, Lafayette, Richland and parts of Iowa, Sauk and Green counties.

The milk, dairy products and meat labeling bills, Senate Bills 81, 82, 83, would prohibit a food product from being labeled as meat or a dairy product if didn’t contain the flesh or milk from a hooved animal.

The legislature would clear up confusion consumers experience when they mistake plant-based cheese, milk or meat products from the real deal, Marklein said.

Dave Buholzer, owner of Monroe-based Klondike Cheese Factory, and president of the Wisconsin Cheesemakers Association, told the committee that imitation cheese offers little or no nutritional value.

“They want you to think that these products are healthy and many (consumers) believe they are as healthy as milk products,” Buholzer said.

In 2013, the Food & Drug Administration added its concern about consumers wrongly believing that plant-based products were healthy substitutes for dairy products, however, the FDA hasn’t acted on it, Buholzer said.

“That’s the purpose of these bills is to send the FDA a message,” he said.

Consumers support labeling measures, too, said Chad Zuleger, a spokesman for the Green Bay-based Dairy Business Association. The DBA conducted a poll in 2018 in which consumer by a 2-to-1 ratio said that non-dairy beverages like almond, soy or oat milk shouldn’t be referred to as milk since they are plant-based product, said Zuleger.

“Don’t allow misappropriation of the term milk…which is defined in federal law as coming from cows,” Zuleger said.

Clever packaging just adds to the confusion.

Committee Chair Joan Ballweg, R-Markesan, admitted to buying a chocolate drink and didn’t realize it wasn’t chocolate milk until she got home.

On the federal level, the Dairy Pride Act has been introduced into the Senate and would require the FDA to issue guidelines for nationwide enforcement and update Congress within two years on its enforcement efforts.

John Umhoefer, executive director of the Wisconsin Cheesemakers Association said passing the bills in essence tells the FDA, “That you’re doing your job wrong. If enough states passed similar laws, it will get the FDA to move.”

In order to not run afoul of interstate commerce restrictions, if enacted, the bills would not be implemented until 10 of 15 listed states passed labeling bills, Umhoefer said.

To date, he wasn’t aware of any other states approving similar laws. 

Meat labeling laws passed in Arkansas, Missouri and Oklahoma have been challenged on First Amendment and other grounds but no final decision has been rendered, said Jordan Lamb, spokesperson for the Wisconsin Cattlemen’s and Pork associations.

“The decisions are split so we’re waiting on appeals to sort it out. There’s been no controlling decision,” she said.

The committee wanted to know from Buholzer how Klondike Cheese fared during the pandemic. 

“Our business has been very slow, very busy, very slow and now it’s getting busy again. It’s been a real cycle of ups and downs,” he said.

Most cheese plants are “getting by,” he said. The warehouses are beginning to fill again and with the re-opening of restaurants and schools, “it looks promising,” said Buholzer.

The committee only took testimony Tuesday on the bills and didn’t schedule a session when they would vote on them.