ATCP 55.04 HistoryHistory: 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(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. ATCP 55.05(5)(5) Treatable animals. If a department veterinarian performing an ante mortem inspection finds that a food animal is affected by a treatable disease or condition, the veterinarian may order the animal withheld from slaughter pending specified treatment. A food animal held for treatment may not be slaughtered for human consumption until a department veterinarian performs another ante mortem inspection after the animal is treated. A diseased animal may not be held for treatment in a manner that threatens the health of other animals. ATCP 55.05(6)(6) Field ante mortem inspection. An inspector or veterinarian conducting a field ante mortem inspection under s. ATCP 55.04 (3) shall observe the live animal in the field, in motion, and at rest. The inspector or veterinarian may specify other procedures, as necessary, to ensure a safe and effective field ante mortem examination. ATCP 55.05 HistoryHistory: CR 01-042: cr. Register March 2002 No. 555, eff. 4-1-02. ATCP 55.06(2)(2) Domesticated food animals. Post mortem inspections of domesticated food animals, other than poultry, shall comply with 9 CFR 310. Post mortem inspection procedures for farm-raised deer shall be the same as for sheep. ATCP 55.06(3)(3) Poultry and captive game birds. Post mortem inspections of poultry and captive game birds shall comply with 9 CFR 381. ATCP 55.06(4)(4) Captive game animals, rabbits, alpacas, and llamas. The department may specify post mortem inspection procedures for captive game animals, rabbits, alpacas, and llamas. Post mortem inspections of captive game animals, rabbits, alpacas, and llamas shall comply with 9 CFR 310, as applicable. Post mortem inspection procedures for bison shall be the same as for cattle. ATCP 55.06(5)(a)(a) Except as provided under par. (k), the department shall apply official inspection marks to each carcass that the department finds, after post mortem inspection, to be unadulterated and fit for human food. The department shall mark each primal part of the carcass, each detached organ, and each detached part that the department finds to be unadulterated and fit for use as human food. ATCP 55.06(5)(b)(b) Except as provided in par. (c), an official inspection mark under par. (a) shall consist of an outline map of Wisconsin enclosing the words “WIS. INSPECTED & PASSED,” the department inspector number, and the meat establishment license number assigned under s. ATCP 55.03 (10). If space is limited, the phrase “WIS. INSPECTED AND PASSED” may be abbreviated by the phrase “WIS. INSP’D & P’S’D.” ATCP 55.06 NoteNote: The following is an illustration of the official inspection mark under par. (b):
ATCP 55.06(5)(c)(c) For farm-raised deer, captive game animals, and captive game birds, an official inspection mark under par. (a) shall consist of a triangle enclosing the words “WIS. INSPECTED & PASSED” and the meat establishment license number assigned under s. ATCP 55.03 (10). If space is limited, the phrase “WIS. INSPECTED AND PASSED” may be abbreviated by the phrase “WIS. INSP’D & P’S’D.” ATCP 55.06 NoteNote: The following is an illustration of the official inspection mark under par. (c):
ATCP 55.06(5)(d)(d) If the department finds upon post mortem inspection that any part of a carcass is fit for human food only after cooking, the department shall mark that part “PASSED FOR COOKING.” The department shall use applicable standards in 9 CFR 315.2 to determine if any part of a carcass is fit for human consumption only after cooking. No person may process or sell any of the affected meat for human consumption without cooking, as required by the department. ATCP 55.06(5)(e)(e) If the department finds upon post mortem inspection that any part of a carcass is adulterated or unfit for human food, the department shall mark that part “WIS. INSPECTED AND CONDEMNED.” If space is limited, the phrase may be abbreviated “WIS. INSP’D AND CONDEMNED.” ATCP 55.06(5)(f)(f) If the department finds that further inspection is needed to determine whether any part of a carcass is unadulterated and fit for human food, the department may tag that part “WIS. RETAINED.” The tagged part is deemed to be covered by a department holding order under s. ATCP 55.14 (2). The department may specify retention conditions, including refrigeration requirements. No person may discard a tagged part unless the part is released by the department, and no person may process or sell any of the affected meat for human consumption unless and until the department completes its inspection and passes the meat. ATCP 55.06(5)(g)(g) The department may stamp carcass parts with the appropriate marks under pars. (a) to (e). If an organ or other carcass part is not suitable for stamping, the department may apply the mark by other means such as tagging. ATCP 55.06(5)(h)(h) An authorized department inspector may apply inspection marks under this subsection on behalf of the department. No non-department personnel may apply inspection marks, except under the direct personal supervision of an authorized department inspector. When a department inspector is not using or personally supervising the use of a marking device at a licensed meat establishment, the inspector shall keep the device in a secure locked compartment or in the inspector’s possession. A marking device kept in a locked compartment shall be accessible only by the inspector and other authorized department personnel. ATCP 55.06(5)(i)(i) The department shall order all of the marking devices that the department uses to apply inspection marks under this subsection. A meat establishment operator shall pay for the marking devices that the department uses at the operator’s meat establishment. A meat establishment operator may not order or create any marking device used to apply department inspection marks under this subsection. ATCP 55.06(5)(j)(j) The official inspection mark at a licensed establishment selected for participation in the cooperative interstate shipment program shall comply with the requirements of 9 CFR 332 or 9 CFR 381, Subpart Z as applicable. ATCP 55.06(5)(k)(k) The official inspection mark shall be applied to the label of packages containing rabbit carcasses or rabbit meat processed under required or voluntary inspection. ATCP 55.06 HistoryHistory: CR 01-042: cr. Register March 2002 No. 555, eff. 4-1-02; correction in (4) made under s. 13.92 (4) (b) 1., Stats., Register July 2011 No. 667; EmR1213: emerg. cr. (5) (j), eff. 9-13-12; CR 12-040: cr. (5) (j) Register May 2013 No. 689, eff. 6-1-13; CR 17-072: am. (2), (4), (5) (a), (e) to (g), cr. (5) (k) Register July 2018 No. 751, eff. 8-1-18 except (4), (5) (k) eff. 1-1-19. ATCP 55.07ATCP 55.07 Slaughter and other processing standards; general. ATCP 55.07(1)(1) Slaughter and other processing standards; livestock. ATCP 55.07(1)(a)(a) A meat establishment operator who does any of the following shall comply with applicable federal standards under 9 CFR Chapter III, Subchapters A and E: ATCP 55.07(1)(c)(c) A meat establishment operator who does any of the activities in par. (a) and whose establishment is selected for participation in the cooperative interstate shipment program shall comply with applicable federal standards under 9 CFR 321 and 332. ATCP 55.07(2)(2) Slaughter and other processing standards; poultry and captive game birds. ATCP 55.07(2)(a)(a) A meat establishment operator who does any of the following shall comply with applicable requirements under 9 CFR Chapter III, Subchapters A and E. ATCP 55.07(2)(a)2.2. Otherwise processes the meat of poultry or captive game birds for human consumption. ATCP 55.07(2)(c)(c) Paragraph (a) does not apply to a person slaughtering and otherwise processing not more than 1,000 poultry annually, provided that all the following apply: ATCP 55.07(2)(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. ATCP 55.07(2)(c)3.3. The person clearly and conspicuously marks each package or container of poultry meat with the person’s name and address, and the words “NOT INSPECTED.” ATCP 55.07(2)(d)(d) A meat establishment operator who does any of the activities in par. (a), and whose establishment is selected for participation in the cooperative interstate shipment program, shall comply with applicable federal standards under 9 CFR 381, Subparts S and Z. ATCP 55.07(3)(3) Slaughter and other processing standards: ratites. ATCP 55.07(3)(a)(a) A meat establishment operator who does any of the following shall comply with applicable requirements under 9 CFR Chapter III, Subchapters A and E: ATCP 55.07(3)(c)(c) A meat establishment operator who does any of the activities in par. (a), and whose establishment is selected for participation in the cooperative interstate shipment program, shall comply with applicable federal standards under 9 CFR 381, Subparts S and Z. ATCP 55.07(4)(4) Slaughter and other processing standards; rabbits and captive game animals. A person slaughtering a rabbit or a captive game animal for human consumption shall do so in a humane and sanitary manner. If the department provides ante mortem and post mortem slaughter inspection, the person shall comply with procedures specified by the department. The procedures shall be consistent with applicable procedures specified by the United States department of agriculture. ATCP 55.07(5)(5) Custom processing; standards. Custom processing operations shall comply with applicable requirements under this section and ss. ATCP 55.08 and 55.09. ATCP 55.07(6)(6) Animals that are diseased, injured, or will yield an adulterated carcass; general. No person may slaughter a food animal for human consumption, or submit a food animal for slaughter for human consumption, if the person knows or has reason to know that the animal is diseased, injured, or will yield a carcass that is adulterated as defined in 9 CFR 301.2. This subsection does not prohibit any of the following: ATCP 55.07(6)(a)(a) A slaughter that is subject to ante mortem and post mortem inspection by the department or the United States department of agriculture. ATCP 55.07(6)(b)(b) The custom slaughter of an animal injured within 24 hours prior to slaughter, provided the animal is not diseased. ATCP 55.07(6)(c)(c) The custom slaughter of an animal injured more than 24 hours prior to slaughter if all the following apply: ATCP 55.07(6)(c)2.2. A licensed practicing veterinarian performs an ante mortem and post mortem inspection on the slaughtered animal. ATCP 55.07(6)(d)(d) The slaughter of an animal presented by a producer listed in the U.S. department of agriculture Residue Repeat Violator List for Use by Livestock Markets and Establishments if the producer, in collaboration with a licensed veterinarian, provides to the department written evidence of enrollment and completion of a course on proper administration of animal medications, approved by the department. Certification of course enrollment and completion shall be provided on a form prescribed by the department. Enrollment in the course shall occur not more than 30 days after the producer is listed on the U.S. department of agriculture Residue Repeat Violator List for Use by Livestock Markets and Establishments, and completion of the course shall occur not more than 180 days after enrollment. ATCP 55.07(7)(7) Diseased or injured animals; owner certification. If a person submitting a food animal for slaughter for human consumption knows or has reason to know the animal is diseased or injured; that person shall, prior to the animal’s slaughter, sign and deliver a written statement to the person who will perform the slaughter. The statement shall certify all the following: ATCP 55.07(7)(a)(a) The name and address of every person who has had custody of the animal within 30 days prior to the slaughter submission date. ATCP 55.07(7)(e)(e) The date on which the animal became incapable of standing or walking, if the animal is incapable of standing or walking. ATCP 55.07(7)(f)(f) The dates of delivery, the delivery method, and the withdrawal time following delivery of all drugs as treatments or feed additives have complied with manufacturer’s recommendations, or complied with a licensed veterinarian’s prescription, including a prescription for an extra-label use of an over-the-counter drug. ATCP 55.07 NoteNote: The certification requirement under sub. (7) applies to inspected slaughters as well as uninspected custom slaughters.
ATCP 55.07(8)(8) Animals that cannot stand or walk. No person may slaughter a food animal for human consumption or submit a food animal for slaughter for human consumption if that animal cannot stand, rise from a recumbent position, or walk without assistance. This prohibition does not apply to any of the following: ATCP 55.07(8)(a)(a) Food animals, other than cattle, slaughtered at a meat establishment licensed under s. ATCP 55.03 if all the following apply: ATCP 55.07(8)(a)1.1. The meat establishment has adequate facilities to handle the food animal in a humane manner, including facilities required under sub. (11) (c). ATCP 55.07(8)(a)2.2. A department veterinarian performs an ante mortem and post mortem inspection on the food animal. ATCP 55.07(8)(b)(b) Food animals, other than cattle, slaughtered at a meat establishment inspected by the United States department of agriculture under 21 USC 451 to 695. ATCP 55.07(8)(c)(c) The mobile custom slaughter of food animals, other than cattle, that are injured within 24 hours prior to slaughter, provided the animals are not diseased. ATCP 55.07(8)(d)(d) The mobile custom slaughter of food animals, other than cattle, that are injured more than 24 hours prior to slaughter if all the following apply: ATCP 55.07(8)(d)2.2. A licensed practicing veterinarian performs ante mortem and post mortem inspections on the slaughtered food animals. ATCP 55.07 NoteNote: See subs. (6) and (7). A mobile custom slaughter must comply with ss. ATCP 55.08 and 55.09. ATCP 55.07(8)(e)(e) Cattle that qualify for exemption under 9 CFR 309.3 based on ante mortem and post mortem inspection by a veterinarian employed by the department or by the United States department of agriculture under 21 USC 451 to 695. ATCP 55.07 NoteNote: With very limited exemptions, 9 CFR 309.3 prohibits the slaughter of non-ambulatory cattle for human consumption (the prohibition applies to custom-slaughtered animals, as well as animals slaughtered for sale). An animal does not qualify for exemption unless a state or federal veterinarian makes that determination, based on an ante mortem and post mortem examination of the animal. ATCP 55.07(9)(a)(a) A meat establishment operator shall examine all carcasses and meat received for processing at that meat establishment. The operator shall examine the carcasses and meat before receiving them into any processing or storage area.
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Chs. ATCP 55-89; Food, Lodging, and Recreation Safety
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