Chapter ATCP 57

ATCP 57.01(14) (14) “Disinfect” means to destroy pathogens and other disease-causing microorganisms, to the maximum practicable extent, by applying a federally registered chemical agent to a surface.

ATCP 57.01(15) (15) “Facilities” means premises, fixtures, and equipment used in the operation of a rendering plant, animal food processing plant, grease processing plant, or truck transfer station. “Facilities” includes carcass receiving and holding areas.

ATCP 57.01(16) (16) “Feed” means any substance which is intended for use as food for animals other than humans. Feed includes commercial feed and feed ingredients.

ATCP 57.01 Note Note: See also ch. ATCP 42.

ATCP 57.01(17) (17) “Food,” except as used in the term “animal food processor” or “animal food processing,” has the meaning given in s. 97.01 (6), Stats. “Food” includes oils or animal fats used to cook food if, during the cooking process, the oils or animal fats may come in contact with the food.

ATCP 57.01 Note Note:  “Food,” as defined in sub. (17), means food for human consumption. A license under this chapter does not authorize the license holder to produce any kind of food, including any cooking oils or fats that may come in contact with food.

ATCP 57.01(18) (18) “Fully rendered product” means a rendered product whose ingredients have been fully melted or reconstituted by the application of heat, according to generally accepted rendering practices that destroy microorganisms in the rendered product.

ATCP 57.01(19) (19) “Grease” means a fully rendered product consisting of animal fat or tallow, or animal fat or tallow combined with vegetable oil.

ATCP 57.01(20) (20) “Grease processing” means combining, melting, refining, reconstituting or recycling fully rendered products to produce grease or other products for non-food use.

ATCP 57.01(21) (21) “Grease processing plant” means a place at which grease processing occurs.

ATCP 57.01(22) (22) “Grease processor” means any person engaged in the business of collecting or receiving and melting or refining previously cooked materials containing dead animal fat or tallow or a combination of dead animal fat or tallow and vegetable oil to produce grease.

ATCP 57.01(23) (23) “Nuisance conditions” means conditions that pose a significant risk to human health or the environment, or cause obnoxious odors other than normal odors incidental to generally accepted processing practices. “Nuisance conditions” may include accumulated carcasses, carcass materials, or manure; drainage from carcasses, carcass materials or manure; accumulated litter; insect or rodent infestations; unclean facilities; or similar conditions.

ATCP 57.01(24) (24) “Rendered product” means grease, tallow, liquefied fat, blood meal, bone meal, meat meal, meat and bone meal, reconstituted tankage, dry poultry product meal, feather meal, or other product produced by rendering. “Rendered product” does not include food for human consumption.

ATCP 57.01(25) (25) “Renderer” means a person who engages in rendering.

ATCP 57.01(26) (26) “Rendering” means reducing, converting or melting down carcasses or carcass materials, with the use of heat, to produce rendered products for non-food use. “Rendering” includes the slaughter of animals by a renderer, or the processing of animal carcasses or carcass materials by a renderer, for use in rendering.

ATCP 57.01(27) (27) “Rendering plant” means a place at which rendering occurs.

ATCP 57.01(28) (28) “Truck transfer station” means a location at which carcasses or carcass materials are collected or transferred between vehicles for transportation to another location. “Truck transfer station” does not include a receiving or holding area that is part of a rendering plant or animal food processing plant.

ATCP 57.01(29) (29) “Yellow grease” means fats, oils, and grease recovered from food preparation that have not been in contact or contaminated with other sources such as water, wastewater, or solid waste.

ATCP 57.01 History History: CR 07-116: cr. Register November 2008 No. 635, eff. 12-1-08; CR 08-075: cr. (17) (g) Register April 2009 No. 640, eff. 5-1-09; CR 10-122: am. (30) Register July 2011 No. 667, eff. 8-1-11; correction in (2) (h), (17) (f), (27) (d) made under s. 13.92 (4) (b) 7., Stats., Register January 2017 No. 733; CR 23-003: r. and recr. Register February 2024 No. 818, eff. 3-1-24: correction in (11) made under ss. 13.92 (4) (b) 1. and 35.17, Stats., and correction in (8) (intro.), (9), (10), (15), (17), (23), (24), (26), (28) made under s. 35.17, Stats., Register February 2024 No. 818, eff. 3-1-24.

ATCP 57.10 ATCP 57.10 Renderers.

ATCP 57.10(1) (1) Annual license required.

ATCP 57.10(1)(a) (a) No person may do any of the following without an annual renderer license from the department:

ATCP 57.10(1)(a)1. 1. Operate a rendering plant in this state.

ATCP 57.10(1)(a)2. 2. Collect, receive or transport, in this state, carcasses or carcass materials for rendering by that person in this state.

ATCP 57.10(1)(a)3. 3. Slaughter animals in this state for rendering by that person in this state.

ATCP 57.10(1)(b) (b) A license under par. (a) expires on February 28 of each year and is not transferable. A license does not authorize the license holder to produce, sell, or distribute food for human consumption.

ATCP 57.10 Note Note: A renderer licensed under sub. (1) must also hold a commercial feed license under s. ATCP 42.02 if the renderer produces animal feed. A renderer license does not authorize a person to process food for human consumption. Food processing is subject to other license requirements. See ch. ATCP 55 (meat and meat food products), ch. ATCP 70 (food processing plants), and ch. ATCP 75 (retail food establishments).

ATCP 57.10(1m) (1m) License exemptions. Rendering does not include any of the following:

ATCP 57.10(1m)(a) (a) Grease processing pursuant to a license under s. ATCP 57.14.

ATCP 57.10(1m)(b) (b) The processing of hides.

ATCP 57.10(1m)(c) (c) The manufacture of glue, pharmaceuticals, or gelatin.

ATCP 57.10(1m)(d) (d) Animal food processing by a person who does not render the processed materials.

ATCP 57.10 Note Note: Persons who produce gelatin or other food for human consumption are subject to state licensing requirements under ch. ATCP 55 (meat and poultry products), ch. ATCP 70 (wholesale food manufacturing), and ch. ATCP 75 (retail food establishments). Animal food processors are subject to licensing under s. ATCP 57.12. Commercial feed manufacturers are subject to licensing under ch. ATCP 42. The United States food and drug administration regulates pharmaceutical manufacturers.

ATCP 57.10(2) (2) License application; fees. To obtain a license under sub. (1), a person shall apply on a form provided by the department. The application shall include all of the following:

ATCP 57.10(2)(a) (a) The applicant’s correct legal name, and any trade names under which the applicant engages in activities for which a license is required under sub. (1).

ATCP 57.10(2)(b) (b) Whether the applicant is an individual, corporation, partnership, limited liability company or other business entity.

ATCP 57.10(2)(c) (c) The applicant’s primary business address.

ATCP 57.10(2)(d) (d) The address of each rendering plant and truck transfer station that the applicant operates or proposes to operate in this state.

ATCP 57.10(2)(e) (e) The livestock premises registration number assigned under ch. ATCP 17 to each location identified under par. (d). If the applicant has not yet registered a location under ch. ATCP 17, the applicant may register that location as part of the license application under this subsection.

ATCP 57.10(2)(f) (f) The applicant’s social security number if the applicant is an individual.

ATCP 57.10 Note Note: See s. 93.135 (1) (im), Stats.

ATCP 57.10(2)(g) (g) A permit application for each vehicle for which a permit is required under s. ATCP 57.20 (2).

ATCP 57.10(2)(h) (h) Other relevant information required by the department for licensing purposes.

ATCP 57.10(2)(i) (i) An annual license fee of $200 for each rendering plant that the person operates or proposes to operate in this state. No fee is required for a truck transfer station.

ATCP 57.10(2)(j) (j) A pre-license inspection fee of $25 for each rendering plant for which a pre-license inspection is required under sub. (3). No fee is required for pre-license inspection of a truck transfer station.

ATCP 57.10 Note Note: A person may obtain an annual renderer license application by calling [phone], sending an email to [e-mail] or by writing to the following address:

ATCP 57.10 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Food Safety
P.O. Box 8911
Madison, WI 53708-8911

ATCP 57.10(3) (3) Pre-license inspection. Before the department issues a license covering a new rendering plant, or issues a license to a new operator of an existing rendering plant, the department shall inspect that rendering plant. The department may also inspect separate truck transfer stations operated by the renderer. The department shall perform the inspection within 30 days after the operator files a complete license application, unless the applicant agrees to a later inspection date.

ATCP 57.10 Note Note: The department may inspect any rendering plant or transfer station, regardless of whether an inspection is required under sub. (3).

ATCP 57.10(4) (4) Action on license application. The department shall grant or deny an annual license application under sub. (2) within 30 days after the department receives a complete application except that, if a pre-license inspection is required under sub. (3), the department shall grant or deny the application within 30 days after completing the pre-license inspection.

ATCP 57.10(5) (5) Additional locations. A license under sub. (1) covers only the locations identified in the license application. A license holder may, at any time during the license year, supplement the application to include additional locations. The applicant shall pay the fee required under sub. (2) (i) for each additional location. The department shall inspect each additional location before licensing that location.

ATCP 57.10(6) (6) Rendering plant located near residence or business.

ATCP 57.10(6)(a) (a) Except as provided in par. (b) or (c), no person may establish a rendering plant within one-eighth mile of any existing building used as a residential dwelling or as a public or private place of business.

ATCP 57.10(6)(b) (b) Paragraph (a) does not prohibit the continued operation or expansion of a rendering plant that was originally established prior to November 26, 1981, or that was originally established at least one-eighth mile from other buildings under par. (a), except that it prohibits an expansion that moves any portion of the plant closer to any other building under par. (a) that is located within one-eighth mile of the plant.

ATCP 57.10 Note Note: For example, an existing rendering plant does not violate par. (a) merely because a new residence or business facility is constructed within 1/8 mile of the existing plant. But once the new residence or business facility is constructed, the plant may not expand closer to it (the plant may expand in the opposite direction).

ATCP 57.10(6)(c) (c) A person may establish or expand a rendering plant within one-eighth mile of a dwelling or a business building with the approval of the city, village, or town in which the rendering plant would be located if animals will not be slaughtered in the rendering plant and only carcasses will be processed in the rendering plant.

ATCP 57.10(7) (7) Facilities. Facilities operated by a renderer shall be all of the following:

ATCP 57.10(7)(a) (a) Designed, constructed, equipped, and maintained for safe, sanitary, orderly operation, and for easy cleaning.

ATCP 57.10(7)(c) (c) Fully enclosed to prevent access by dogs, cats, wild animals, rodents, birds and insects.

ATCP 57.10(7)(d) (d) Constructed with self-draining floors and smooth interior walls and ceilings that can be easily cleaned.

ATCP 57.10(7)(e) (e) Equipped with effective ventilation and vapor control systems to minimize offensive odors.

ATCP 57.10(7)(g) (g) Kept clean, orderly, and free of nuisance conditions.

ATCP 57.10(7)(h) (h) Served by hot and cold running water that is adequate for processing, cleaning, waste disposal, drinking and employee sanitation needs. Water shall be obtained from a source that complies with chs. NR 811 or 812. Water outlets shall be conveniently designed and located.

ATCP 57.10(7)(i) (i) Equipped with drinking water, toilet and hand washing fixtures for persons who work at the facilities.

ATCP 57.10(8) (8) Waste collection and disposal. A renderer shall do all of the following:

ATCP 57.10(8)(a) (a) Collect, and safely dispose of, all solid waste related to that person’s operations. The person shall collect manure, offal, processing waste and other solid waste at least daily, and more often as necessary to keep facilities clean and orderly.

ATCP 57.10(8)(b) (b) Promptly collect, and safely dispose of, all liquid waste related to that person’s operations. Liquid waste shall be discharged to a public sewer system, or to an effluent disposal system that complies with chs. NR 108 and 258.

ATCP 57.10(8)(c) (c) Comply with applicable federal, state and local law related to waste disposal.

ATCP 57.10(8)(d) (d) Keep solid waste storage areas clean and orderly.

ATCP 57.10(8)(e) (e) Keep waste collection and disposal systems in good working order.

ATCP 57.10(8)(f) (f) Prevent unconfined accumulations of carcasses, carcass materials or waste.

ATCP 57.10(10) (10) Transporting and handling animal carcasses. A renderer shall transport and handle carcasses and carcass materials according to s. ATCP 57.20 and 57.22.

ATCP 57.10(11) (11) Slaughtering animals. If a renderer slaughters animals for rendering, the renderer shall use one of the humane methods listed in s. 95.80 (1), Stats. Animals slaughtered at a rendering plant shall be slaughtered in an area that is designed and equipped for safe and humane slaughtering. Live animals may not be unloaded, kept or slaughtered in processing or storage areas.

ATCP 57.10 Note Note: A renderer may not transport live animals unless licensed to do so under ch. ATCP 12. See s. ATCP 57.20 (5) (a).

ATCP 57.10 Note Note: Animal markets, dealers and truckers that handle live animals are regulated under ch. ATCP 12. Live animal movements are also governed by ch. ATCP 10. No person may transport carcasses or carcass materials in the same vehicle used to transport live animals, except that if a live animal dies in transit the animal trucker may deliver the carcass directly to a renderer or animal food processor licensed under s. ATCP 57.10 or 57.12. See s. ATCP 57.20 (1) (b) 6.

ATCP 57.10(12) (12) Records.

ATCP 57.10(12)(a) (a) A renderer shall keep complete and accurate records related to the renderer’s operations. Records shall include all of the following:

ATCP 57.10(12)(a)1. 1. The name and address of each person from whom the renderer receives carcasses or carcass materials, the date and location of each receipt, the types of carcasses or carcass materials received, the number or weight of carcasses received, the weight or liquid volume of carcass materials received, and the disposition of any carcasses or carcass materials received but not rendered.

ATCP 57.10(12)(a)2. 2. The name and address of each person from whom the renderer receives live animals, the date and location of each receipt, the numbers and types of live animals received, and the disposition of each animal. If the renderer slaughters an animal, the renderer shall record the date and location of slaughter, and the disposition of the carcass.

ATCP 57.10(12)(a)3. 3. The types of rendered product, and the daily amounts of each type of rendered product, produced at each rendering plant.

ATCP 57.10(12)(a)4. 4. The name and address of each person to whom the renderer sells or distributes rendered product, the dates on which the renderer ships rendered product to each person, and the type and amount of rendered product included in each shipment.

ATCP 57.10(12)(a)5. 5. Lot coding or other records that effectively track the receipt, processing and distribution of ingredients and rendered products, so that it is possible to identify ingredient sources for each lot of rendered product and vice versa.

ATCP 57.10(12)(b) (b) A renderer 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 57.10 History History: CR 07-116: cr. Register November 2008 No. 635, eff. 12-1-08; CR 10-122: am. (1) (a) 2., 3., (2) (d), (i), (j), (3), (6) (a), cr. (6) (c) Register July 2011 No. 667, eff. 8-1-11; CR 23-003: cr. (1m), am. (7) (a), r. (7) (f), (9), am. (11) Register February 2024 No. 818, eff. 3-1-24.

ATCP 57.12 ATCP 57.12 Animal food processors.

ATCP 57.12(1) (1) Annual license required.

ATCP 57.12(1)(a) (a) No person may do any of the following without an annual animal food processor license from the department:

ATCP 57.12(1)(a)1. 1. Operate an animal food processing plant in this state.

ATCP 57.12(1)(a)2. 2. Collect, receive, or transport, in this state, carcasses or carcass materials for animal food processing by that person in this state.