Chapter ATCP 55

ATCP 55.12(3) (3) Action on application. The department shall grant or deny an application under sub. (2) within 30 days after the department receives a complete application.

ATCP 55.12(4) (4) Denying, suspending, or revoking a registration certificate. The department may deny, suspend, or revoke a registration certificate under sub. (1) for cause, as provided in s. 93.06 (7), Stats. Cause may include a violation of this chapter.

ATCP 55.12 Note Note: The procedure for suspending or revoking a registration certificate, or for contesting the denial of a registration certificate, is set forth in ch. ATCP 1.

ATCP 55.12(5) (5) Conditional registration certificate. The department may issue a registration certificate under sub. (1) subject to conditions, or may impose conditions on an existing registration certificate, as provided in s. 93.06 (8), Stats.

ATCP 55.12(6) (6) Records.

ATCP 55.12(6)(a) (a) A meat broker or meat distributor shall keep all of the following records related to transactions in which the meat broker or meat distributor is involved as a buyer, seller, or broker of meat or poultry products:

ATCP 55.12(6)(a)1. 1. The name and address of the seller.

ATCP 55.12(6)(a)2. 2. The name and address of the buyer.

ATCP 55.12(6)(a)3. 3. The date and location of sale.

ATCP 55.12(6)(a)4. 4. The types and amounts of meat or poultry products sold.

ATCP 55.12(6)(a)5. 5. If the meat broker or meat distributor takes physical custody of the meat or poultry products, complete records related to the receipt, storage, and disposition of those meat or poultry products.

ATCP 55.12(6)(b) (b) A meat broker or meat distributor shall retain each record under par. (a) for at least 3 years after the record is made, and shall make records available to the department for inspection and copying upon request.

ATCP 55.12 Note Note: The procedure for imposing conditions on an existing registration certificate, or for contesting conditions imposed by the department, is set forth in ch. ATCP 1.

ATCP 55.12 History History: CR 01-042: cr. Register March 2002 No. 555, eff. 4-1-02; CR 07-116: cr. (6) Register November 2008 No. 635, eff. 12-1-08; CR 17-072: am. (6) (a) (intro.), 4., 5. Register July 2018 No. 751, eff. 8-1-18.

ATCP 55.13 ATCP 55.13 Prohibited practices. No person may do any of the following:

ATCP 55.13(1) (1) Process or sell, for human consumption, any adulterated or misbranded meat or poultry product.

ATCP 55.13(2) (2) Slaughter any food animal, for human consumption, under unsanitary conditions.

ATCP 55.13(3) (3) Process, store, handle, transport, or sell meat or poultry products for human consumption under conditions that may render the meat or poultry products adulterated.

ATCP 55.13(4) (4) Slaughter any food animal for human consumption, or otherwise process any meat or poultry products for human consumption, at a place other than a meat establishment licensed under s. ATCP 55.03. This prohibition does not apply to processing operations that are exempted from licensing under s. ATCP 55.03 (2).

ATCP 55.13(5) (5) Make any false, deceptive, or misleading statement, when submitting a food animal for slaughter, related to any of the following:

ATCP 55.13(5)(a) (a) The ownership, identity, origin, or health status of the animal.

ATCP 55.13(5)(b) (b) The administration of any drug to the animal.

ATCP 55.13(5)(c) (c) The intended use of meat from the animal.

ATCP 55.13(6) (6) Obstruct a department employee performing his or her duties. Obstruction includes any of the following:

ATCP 55.13(6)(a) (a) Physical interference.

ATCP 55.13(6)(b) (b) Verbal or physical assault or abuse.

ATCP 55.13(6)(c) (c) Threatening behavior or communications.

ATCP 55.13(6)(d) (d) Refusal to carry out legitimate directives.

ATCP 55.13(6)(e) (e) Intentional acts that impede the full, effective, and efficient performance of the employee’s duties.

ATCP 55.13(6)(f) (f) Concealing records, ingredients, meat or poultry products, labels, packaging materials, or any other item that may be observed pursuant to s. 97.12 (1), Stats.

ATCP 55.13 Note Note: See s. 97.42 (8), Stats.

ATCP 55.13(7) (7) Wrongfully alter, deface, or remove any department tag or mark applied under this chapter.

ATCP 55.13(8) (8) Wrongfully alter, deface, or remove any label or inspection legend required under s. ATCP 55.10.

ATCP 55.13(9) (9) Custom slaughter a food animal, or custom process the meat of a slaughtered food animal, if the person knows or has reason to know all the following:

ATCP 55.13(9)(a) (a) That the slaughter was not inspected by the department or the United States department of agriculture.

ATCP 55.13(9)(b) (b) That the recipient of the custom slaughter or processing service will sell the meat of that animal for human consumption, in violation of s. ATCP 55.04 (1).

ATCP 55.13 History History: CR 01-042: cr. Register March 2002 No. 555, eff. 4-1-02; CR 17-072: am. (1), (3), (4), cr. (6) (f) Register July 2018 No. 751, eff. 8-1-18; correction in (6) (f) made under s. 35.17, Stats., Register July 2018 No. 751.

ATCP 55.14 ATCP 55.14 Enforcement.

ATCP 55.14(1) (1) Investigations. The department may conduct inspections and other investigations to determine compliance with this chapter and ch. 97, Stats. The department may exercise its authority under chs. 93 and 97, Stats., in support of its inspections and investigations.

ATCP 55.14 Note Note: Under chs. 93 and 97, Stats., the department may inspect meat slaughtering, processing, selling, and distributing facilities and practices, regardless of whether those practices occur at meat establishments licensed under s. ATCP 55.03. The department will provide ante mortem and post mortem slaughter inspection only for persons licensed under s. ATCP 55.03.

ATCP 55.14(2) (2) Holding order.

ATCP 55.14(2)(a) (a) The department may issue a holding order to prohibit the sale or movement of any meat or poultry product if the department has reasonable grounds to suspect that the meat or poultry product is adulterated or misbranded, or otherwise fails to meet the standards or requirements of this chapter or ch. 97, Stats. The department may issue a holding order pending further examination or analysis to determine whether the meat or poultry product is adulterated or misbranded, or otherwise fails to meet the standards or requirements of this chapter or ch. 97, Stats.

ATCP 55.14(2)(b) (b) The department shall serve a holding order by delivering a copy to the owner or custodian of the meat or poultry products, or by placing a copy in a conspicuous place on or near the meat or poultry products. A “WIS. RETAINED” tag applied under s. ATCP 55.06 (5) (f) has the effect of a holding order served under this subsection.

ATCP 55.14(2)(c) (c) A holding order remains in effect for 14 days unless the department withdraws it earlier. The department may extend a holding order for one additional 14-day period by re-serving the order or by leaving the “WIS. RETAINED” tag on the meat or poultry product.

ATCP 55.14(2)(d) (d) No person may sell, move, or alter any meat or poultry product under holding order, except with the department’s written permission. The department may authorize the owner or custodian to take appropriate corrective action.

ATCP 55.14(2)(e) (e) The department may release a holding order if the department finds that the suspect meat or poultry product is not adulterated or misbranded, or that the violation has been corrected.

ATCP 55.14(3) (3) Condemnation order.

ATCP 55.14(3)(a) (a) If the department finds that a meat or poultry product is adulterated, misbranded, not inspected and approved according to this chapter or s. 97.42, Stats., or not processed according to this chapter or s. 97.42, Stats., the department may order the owner or custodian to do any of the following:

ATCP 55.14(3)(a)1. 1. Correct the violation within a reasonable time period in a manner specified by the department in writing.

ATCP 55.14(3)(a)2. 2. Dispose of the meat or poultry product, in a manner specified by the department in writing. The department may order disposal of a meat or poultry product if a violation cannot be corrected, or if the owner or custodian fails to correct the violation within the time specified under subd. 1.

ATCP 55.14(3)(b) (b) The department shall serve an order under par. (a) by delivering a copy to the owner or custodian of the meat or poultry products, or placing a copy in a conspicuous place on or near the meat or poultry products. An order takes effect when served. A “WIS. INSP’D and CONDEMNED” mark applied under s. ATCP 55.06 (5) (e) has the effect of a condemnation order served under this subsection.

ATCP 55.14(3)(c) (c) No person may sell, move, or alter any meat or poultry product covered by the department’s order except as directed by this chapter or by the department.

ATCP 55.14(4) (4) Order to correct violation. The department may order a person to correct a violation of this chapter or ch. 97, Stats. The department may specify a deadline for correcting the violation.

ATCP 55.14(5) (5) Rejected facilities, equipment or utensils. The department may issue an order prohibiting the use of unsanitary facilities, equipment, or utensils that may contaminate meat or poultry products. The department may issue an order under this subsection by applying a “REJECTED” tag to the facilities, equipment, or utensils. A person may not use the equipment or utensils until the violation is corrected and the department withdraws its order.

ATCP 55.14(6) (6) Inspection staff authorized to issue orders. An authorized department employee may issue orders under this section.

ATCP 55.14 Note Note: Under ss. 93.06 and 97.42, Stats., the department may deny, suspend or revoke a license or permit for violations of this chapter. The department may also pursue court enforcement under ss. 93.21, 97.72, and 97.73, Stats., and other applicable laws.

ATCP 55.14 History History: CR 01-042: cr. Register March 2002 No. 555, eff. 4-1-02; CR 06-028: am. (2) (a) and (3) (a) (intro.) Register November 2006 No. 611, eff. 12-1-06; CR 17-072: am. (2), (3), (5), (6) (title) Register July 2018 No. 751, eff. 8-1-18.

ATCP 55.15 ATCP 55.15 Appeals.

ATCP 55.15(1) (1) A person directly affected by any of the following department actions under this chapter may ask the department to reconsider that action:

ATCP 55.15(1)(a) (a) The denial of any application for a license or registration certificate.

ATCP 55.15(1)(b) (b) Ante mortem or post mortem inspection findings affecting the disposition of animals, carcasses, or meat or poultry products.

ATCP 55.15(1)(c) (c) Any order issued under s. ATCP 55.14.

ATCP 55.15(1)(d) (d) Decisions denying, limiting, or withdrawing slaughter inspection services.

ATCP 55.15(1)(e) (e) Slaughter inspection billings.

ATCP 55.15(2) (2) Whenever the department receives a request for reconsideration under sub. (1), the department shall schedule a prompt informal conference with the requester. If the matter concerns an ante mortem or post mortem inspection finding by an inspector who is not a veterinarian, the department may have a veterinarian review the inspector’s findings.

ATCP 55.15(3) (3) If a requester’s dispute is not resolved by informal action under sub. (2), a requester may request a contested case hearing under ch. 227, Stats., and ch. ATCP 1.

ATCP 55.15(4) (4) A request for reconsideration or hearing does not stay a department action under this chapter.

ATCP 55.15(5) (5) This section does not limit a person’s rights under ch. 227, Stats., or other applicable law.

ATCP 55.15 History History: CR 01-042: cr. Register March 2002 No. 555, eff. 4-1-02; CR 17-072: am. (1) (b) Register July 2018 No. 751, eff. 8-1-18.