Chapter ATCP 55

ATCP 55.03(5) (5) Pre-license inspection. Before the department issues a license for a new meat establishment, or issues a license to a new operator of an existing meat establishment, the department shall inspect that meat establishment. The department shall perform the inspection within 30 days after the operator applies for the license, unless the applicant agrees to a later inspection date.

ATCP 55.03 Note Note: The department may inspect any meat establishment, regardless of whether an inspection is required under sub. (5).

ATCP 55.03(6) (6) Action on license application.

ATCP 55.03(6)(a) (a) Except as provided in par. (b), the department shall grant or deny an annual meat establishment license application within 30 days after the department receives a complete application.

ATCP 55.03(6)(b) (b) If sub. (5) requires a pre-license inspection, the department shall grant or deny the license application within 30 days after the department performs that inspection.

ATCP 55.03(6)(c) (c) If the department denies a meat establishment license application, the department shall give the applicant written notice of the reasons for that denial.

ATCP 55.03(7) (7) Denying, suspending or revoking a license. The department may deny, suspend or revoke a meat establishment license for cause, as provided in ss. 93.06 (7), 97.42 (10) and 97.42 (12), Stats. Cause may include a violation of this chapter.

ATCP 55.03 Note Note: The procedure for suspending or revoking a license, or for contesting a license denial, is set forth in ch. ATCP 1.

ATCP 55.03(8) (8) Conditional license. The department may issue a meat establishment license subject to conditions, or may impose conditions on an existing license, as provided in s. 93.06 (8), Stats.

ATCP 55.03 Note Note: The procedure for imposing conditions on an existing license, or for contesting license conditions, is set forth in ch. ATCP 1.

ATCP 55.03(9) (9) License displayed. A person holding a meat establishment license shall display that license in a prominent location at the licensed meat establishment.

ATCP 55.03(10) (10) Meat establishment number. The department shall assign, to each licensed meat establishment, a meat establishment number that uniquely identifies that meat establishment.

ATCP 55.03(11) (11) Processing wild game.

ATCP 55.03(11)(a) (a) Except as provided in par. (b), no person may slaughter or otherwise process any animals other than food animals at a meat establishment.

ATCP 55.03(11)(b) (b) A meat establishment operator may custom process legally harvested wild game at a meat establishment if all the following apply:

ATCP 55.03(11)(b)1. 1. The operator notifies the department that the operator plans to custom process wild game at that meat establishment. Notice shall specify the type of wild game to be processed. The department may restrict wild game processing that is incompatible with the slaughter or processing of food animals.

ATCP 55.03(11)(b)2. 2. The operator accepts only clean and apparently unadulterated wild game carcasses for custom processing.

ATCP 55.03(11)(b)3. 3. The operator, when custom processing wild game, complies with processing, labeling, and record keeping requirements applicable to the custom processing of food animals under s. ATCP 55.08.

ATCP 55.03(11)(b)4. 4. The operator custom processes wild game only at times when the operator is not engaged in slaughtering or processing food animals. The operator shall thoroughly clean and sanitize equipment and utensils used to process wild game before using the same equipment or utensils to slaughter food animals or otherwise process food animals or the meat of food animals.

ATCP 55.03(11)(b)5. 5. The operator keeps wild game and wild game products separate from all other meat or poultry products in the meat establishment.

ATCP 55.03(11)(b)6. 6. The operator clearly labels wild game products, so they cannot be confused with other meat or poultry products. Wild game products shall be clearly identified by species.

ATCP 55.03(11)(b)7. 7. The operator handles, processes, and stores wild game and wild game products in a manner that prevents contamination of other meat or poultry products.

ATCP 55.03(12) (12) Slaughter and other processing schedule.

ATCP 55.03(12)(a) (a) A person applying for a meat establishment license shall include, with the license application, a proposed schedule for slaughter and other processing. A meat establishment operator need not include a schedule with a license renewal application if there has been no change in the schedule last established for the meat establishment under this subsection.

ATCP 55.03(12)(b) (b) A schedule under par. (a) shall specify the days of each week, and the hours of each day, during which the applicant proposes to engage in each of the following activities at the meat establishment:

ATCP 55.03(12)(b)1. 1. Slaughter food animals to produce meat or poultry products for sale.

ATCP 55.03(12)(b)2. 2. Process, by means other than slaughtering, meat or poultry products for sale.

ATCP 55.03(12)(b)3. 3. Custom slaughter food animals, or otherwise custom process meat or poultry products.

ATCP 55.03(12)(b)4. 4. Custom process wild game, as provided in sub. (11).

ATCP 55.03(12)(c) (c) The department may require a change in a schedule for slaughtering and other processing under this subsection if any of the following apply:

ATCP 55.03(12)(c)1. 1. A change is needed in order to make slaughter inspection services available, or to make efficient use of the department’s slaughter inspection staff.

ATCP 55.03(12)(c)2. 2. The operator proposes to process wild game during times also scheduled for the slaughter or processing of food animals.

ATCP 55.03 Note Note: Sub. (11) (b) 4. prohibits simultaneous processing of wild game and food animals.

ATCP 55.03(12)(c)3. 3. The operator proposes to engage in custom slaughter or processing operations during times also scheduled for the slaughter of food animals for sale, or the processing of meat for sale.

ATCP 55.03 Note Note: A meat establishment operator may not engage in custom slaughter or other custom processing operations while the operator is simultaneously slaughtering food animals for sale, or simultaneously otherwise processing the meat of food animals for sale. There are exceptions for inspected custom operations, and for simultaneous operations that are physically separated to prevent cross-contamination and commingling. The department may disapprove a simultaneous schedule if these exceptions do not apply. See s. ATCP 55.08 (3).

ATCP 55.03(12)(d) (d) A meat establishment operator may not deviate from a schedule established under this subsection, without prior written department approval.

ATCP 55.03 History History: CR 01-042: cr. Register March 2002 No. 555, eff. 4-1-02; CR 04-103: am. (1) and cr. (3) (dm) Register September 2005 No. 597, eff. 10-1-05; EmR1213: emerg. cr. (2) (f), eff. 9-13-12; CR 12-040: cr. (2) (f) Register May 2013 No. 689, eff. 6-1-13; CR 17-072: am. (1), (2) (b), (c), (d) (intro.), 1. to 3., (e), (f), renum. (4) to (4) (intro.) and am., cr. (4) (a), (b), am. (11) (a), (b) 2., 4. to 7., (12) (title), (a), (b) 1. to 3., (c) (intro.), (d) Register July 2018 No. 751, eff. 8-1-18 except (4), eff. 1-1-19; correction in (4) (b) 4. made under s. 35.17, Stats., Register July 2018 No. 751.

ATCP 55.04 ATCP 55.04 Slaughter and other processing inspection; general.

ATCP 55.04(1) (1) Slaughter inspection required.

ATCP 55.04(1)(a) (a) Except as provided in pars. (b) to (d), no person may sell any meat from any food animal for human consumption unless the department or the United States department of agriculture has conducted a slaughter inspection of that food animal. The slaughter inspection shall include an ante mortem inspection of the live food animal, and a post mortem inspection of the food animal carcass.

ATCP 55.04 Note Note: Slaughter inspection is not required for custom slaughtered animals, because there is no sale of meat. Except as allowed under the cooperative interstate shipment program, federal law prohibits the interstate sale of meat from animals slaughtered under state (rather than federal) inspection. But this federal prohibition does not apply to meat from farm-raised deer, captive game animals, captive game birds, bison, alpacas, llamas, or rabbits.

ATCP 55.04(1)(b) (b) Paragraph (a) does not apply to a person selling meat from a captive game animal or captive game bird if neither the department nor the United States department of agriculture has established ante mortem or post mortem inspection procedures for that type of captive game animal or captive game bird.

ATCP 55.04 Note Note: The exemption under par. (b) is very limited, because the department and USDA have established inspection standards for most captive game animals and game birds.

ATCP 55.04(1)(c) (c) Paragraph (a) does not apply to a person selling meat from not more than 1,000 poultry annually, provided that all the following apply:

ATCP 55.04(1)(c)1. 1. The person produces all of those poultry on his or her premises.

ATCP 55.04(1)(c)2. 2. The person slaughters, otherwise processes, and sells the poultry at the premises where they are produced or directly to consumers contracting with the person’s community supported agriculture business, or has them slaughtered and otherwise processed at a licensed meat establishment.

ATCP 55.04(1)(c)3. 3. The person clearly and conspicuously labels each package or container of poultry meat with the processor’s name and address and the words “NOT INSPECTED.”

ATCP 55.04 Note Note: See s. 97.42 (11), Stats.

ATCP 55.04(1)(d) (d) Paragraph (a) does not apply to a person selling meat from rabbits, provided that all the following apply:

ATCP 55.04(1)(d)1. 1. The person only slaughters and otherwise processes rabbits produced on that person’s premises.

ATCP 55.04(1)(d)2. 2. The person slaughters and otherwise processes not more than 3,000 rabbits annually.

ATCP 55.04(1)(d)3. 3. The person keeps a record of the number of rabbits slaughtered, retains that record for at least 3 years, and makes the record available for inspection and copying by the department upon request.

ATCP 55.04(1)(d)4. 4. The person slaughtering and otherwise processing rabbits complies with the requirements of s. ATCP 55.07 (4).

ATCP 55.04(1)(d)5. 5. The person holds an establishment license under s. ATCP 55.03.

ATCP 55.04(1m) (1m) Processing inspection required.

ATCP 55.04(1m)(a) (a) No person operating a licensed meat establishment may sell any meat or poultry product unless that meat or poultry product is labeled as provided in s. ATCP 55.10 (3).

ATCP 55.04(1m)(b) (b) Paragraph (a) does not apply to meat or poultry products processed at a retail food establishment licensed under s. 97.30, Stats., and sold only to individual consumers at that establishment.

ATCP 55.04(2) (2) Slaughter and other processing inspection provided to licensed meat establishments.

ATCP 55.04(2)(a) (a) The department shall provide required ante mortem and post mortem slaughter inspection services and processing inspection services to operators of meat establishments licensed under s. ATCP 55.03. The department shall specify the minimum frequency at which custom slaughter and other custom processing activities in a licensed meat establishment are to be inspected. This inspection frequency shall be at least once every three months during which custom processing activities or transactions occur. The department may not provide slaughter or other processing inspection services to other persons.

ATCP 55.04(2)(b) (b) A meat establishment operator requesting slaughter or other processing inspection services shall submit the request to the department in writing, and shall specify a proposed schedule of slaughter or other processing according to s. ATCP 55.03 (12) (b). The department may require a different schedule, as provided in s. ATCP 55.03 (12) (c). The meat establishment operator may not deviate from the specified schedule without prior department approval, as provided in s. ATCP 55.03 (12) (d).

ATCP 55.04(3) (3) Slaughter inspection site.

ATCP 55.04(3)(a) (a) The department may not perform a slaughter inspection at any place other than a meat establishment licensed under s. ATCP 55.03, except that the department may agree to perform field ante mortem inspections on any of the following:

ATCP 55.04(3)(a)1. 1. Apparently healthy farm-raised deer or captive game animals that cannot be safely or humanely transported to a licensed meat establishment for ante mortem inspection.

ATCP 55.04(3)(a)2. 2. Apparently healthy livestock or ratites, if special circumstances prevent the transportation of those animals to a licensed meat establishment for ante mortem inspection.

ATCP 55.04(3)(b) (b) The department may not perform field ante mortem inspections under par. (a) on diseased animals, or on animals that cannot stand or walk.

ATCP 55.04(3)(c) (c) If an animal passes a field ante mortem inspection under par. (a), the operator of a meat establishment licensed under s. ATCP 55.03 may stun and bleed the animal in the field. The operator shall bleed the animal immediately after stunning, and shall immediately transport the carcass to the meat establishment for skinning, post mortem inspection, and processing. The operator shall transport the carcass in compliance with s. ATCP 55.11. The inspector shall identify the carcass and monitor the carcass shipment, as necessary, to ensure compliance with this paragraph.

ATCP 55.04(4) (4) Inspection charges; when required. The department shall provide slaughter inspection services under subs. (2) and (3) without charge, except that the department shall charge a meat establishment operator for slaughter inspection services if any of the following apply:

ATCP 55.04(4)(a) (a) The inspection pertains to a captive game animal or captive game bird.

ATCP 55.04(4)(b) (b) The department performs the inspection on any of the following days, or at any of the following times:

ATCP 55.04(4)(b)1. 1. Days or times not included in the normal schedule of slaughter or other processing under sub. (2).

ATCP 55.04(4)(b)2. 2. Before 6:00 a.m. or after 6:00 p.m.

ATCP 55.04(4)(b)3. 3. Any inspection time in excess of 40 hours in any calendar week.

ATCP 55.04(4)(b)4. 4. Saturday or Sunday.

ATCP 55.04(4)(b)5. 5. The holidays of New Year’s Eve, New Year’s Day, Martin Luther King, Jr. Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Eve, or Christmas Day. If any of these holidays, other than New Year’s Eve and Christmas Eve, falls on Sunday, the following Monday is considered the holiday.

ATCP 55.04(4)(b)6. 6. Any day that is an official holiday for state employees.

ATCP 55.04(5) (5) Inspection charges; amount.

ATCP 55.04(5)(a) (a) If sub. (4) requires a meat establishment operator to pay for slaughter inspection services, the department shall bill and the operator shall pay uniform hourly charges for those services. The department shall establish uniform hourly charges based on the department’s statewide average cost to provide inspection services. The department may establish higher hourly charges for inspections that must be provided by veterinarians.

ATCP 55.04 Note Note: A veterinarian must inspect animals that cannot stand or walk, and animals found to be suspect on ante mortem examination. See ss. ATCP 55.07 (8) and 55.05 (2).

ATCP 55.04(5)(b) (b) The department shall notify a meat establishment operator of the applicable hourly charge before providing an inspection service requiring a charge under sub. (4). The department shall give at least 30 days prior written notice before increasing hourly charges under an ongoing inspection agreement.

ATCP 55.04(6) (6) Slaughter and other processing inspection procedures. Slaughter and other processing inspection procedures shall comply with this chapter, including ss. ATCP 55.05 to 55.07 and applicable federal requirements as specified in 9 CFR Chapter III, Subchapters A and E.

ATCP 55.04(7) (7) Inspector absence. A meat establishment operator shall immediately notify the department if a department inspector fails to appear for a scheduled ante mortem or post mortem inspection required under sub. (1). The department shall provide an inspector as soon as possible, so that slaughter may proceed in a timely manner.

ATCP 55.04(8) (8) Withdrawing inspection. The department may, upon written notice, withdraw inspection of slaughter or other processing for cause, including violations of this chapter. No person may conduct operations for which department inspection is required under this chapter while those inspection services are withdrawn.

ATCP 55.04(9) (9) Inspection efficiency. All animal slaughter or other processing shall be conducted with sufficient staffing to attain a reasonable rate of operation, considering the meat establishment’s size and scope of operations. Ante mortem and post mortem inspection shall be conducted continuously throughout slaughter with one lunch period of between 30 and 45 minutes beginning between four and five hours after slaughter operations begin.  

ATCP 55.04 History History: CR 01-042: cr. Register March 2002 No. 555, eff. 4-1-02; EmR1213: emerg. am. (title), cr. (1m), am. (2) (title), (a), (b), (6), eff. 9-13-12; CR 12-040: am. (title), cr. (1m), am. (2) (title), (a), (b), (6) Register May 2013 No. 689, eff. 6-1-13; CR 17-072: am. (title), (1) (a), (c), cr. (1) (d), am. (1m), (2), (3) (a) 2., (4) (title), (b) 1., 3., 5., (5) (title), (6), (8), cr. (9) Register July 2018 No. 751, eff. 8-1-18 except (1) (d), eff. 1-1-19; correction in (1) (a), (d) (intro.) made under s. 35.17, Stats., Register July 2018 No. 751.

ATCP 55.05 ATCP 55.05 Ante mortem inspection.

ATCP 55.05(1) (1) General. Ante mortem inspections shall comply with applicable standards under s. ATCP 55.07.

ATCP 55.05(2) (2) Suspect animals. If a department inspector performing an ante mortem inspection suspects that a food animal is affected by a disease or condition that may cause all or part of the animal’s carcass to be condemned after post mortem inspection, the inspector shall cause the animal to be held for ante mortem inspection by a department veterinarian. The animal shall be segregated from other food animals, and shall be placed in a holding area marked with a “WIS. SUSPECT” tag or placard until a department veterinarian performs an ante mortem inspection.

ATCP 55.05(3) (3) Animals that cannot stand or walk. If the department performs an ante mortem inspection on an animal that cannot stand or walk, a department veterinarian shall perform the inspection. The department veterinarian may order the animal held for up to 24 hours for further observation. If the animal has been treated with drugs for which the prescribed withdrawal time has not elapsed, the department veterinarian shall condemn the animal or order the animal held until the withdrawal time elapses.

ATCP 55.05(4) (4) Condemned animals. Except as provided in sub. (5), if a department veterinarian performing an ante mortem inspection finds that a food animal is affected by a disease or condition that would cause the animal’s carcass to be condemned in its entirety after post mortem inspection, the veterinarian shall condemn the animal. The condemned animal shall be segregated from other live food animals. The veterinarian shall supervise the humane slaughter and disposal of the animal.