Comparison with Rules in Adjacent States
Michigan currently does not operate a state meat and poultry inspection program and is not eligible to participate in the CIS program. Minnesota, Iowa, and Illinois operate state meat inspection programs similar to Wisconsin’s program.
Illinois’ state meat inspection program includes USDA’s Federal-State Cooperative program (formerly known as the “Talmadge-Aiken” program). Under this program, state inspectors conduct federal inspections, and the inspected establishments are thereby allowed to sell their products in interstate commerce.
Summary of Factual Data and Analytical Methodologies
Input and analysis was provided by Department experts, but no other data collection was conducted. The Department reviewed statutory provisions and federal regulations and has gathered information over the last several years from stakeholders. This information was used in developing this rule. The Department is currently soliciting information from industry about the potential economic impact of the rule.
Analysis and Supporting Documents used to Determine Effect on Small Business
The Department held a series of industry meetings in the recent past and collected information on the services provided by the Department. Many comments came from small, licensed establishments and the Department used those comments in developing this rule.
Effect on Small Business
The Department believes the changes being presented will have a beneficial impact on license holders because of a potential reduction in fees based on product and process risk. The Department included provisions that make the rule more flexible and equitable for small rabbit processing establishments. In addition, several elements of the rule regarding retailing of meat and meat products, may reduce the regulatory burden on some of the establishments that have these operations. As the Department concurrently revises Wis. Admin. Code Ch. ATCP 70 (Food Processing Plants) and Wis. Admin. Code Ch. ATCP 75 (Retail Food Establishments), to coordinate food business licensing requirements, some establishments may be required to obtain a retail food establishment license instead of or in addition to a meat establishment license. Retail food establishment license fees vary according to the scope and nature of processing done at the establishment. Finally, the rule is revised to ensure consistent inspection service to custom meat establishments. The Department is currently soliciting information about the potential economic impact of the rule and expects to receive more detailed information on licensing costs from stakeholders during the comment period.
DATCP Contact
Cindy Klug, Director
Bureau of Meat and Poultry Businesses
Department of Agriculture, Trade and Consumer Protection
P.O. Box 8911
Madison, WI 53708-8911
Telephone: (608) 220-3054
Where and When Comments May Be Submitted
Questions and comments related to this this rule may be directed to:
Cindy Klug, Director
Bureau of Meat and Poultry Businesses
Department of Agriculture, Trade and Consumer Protection
P.O. Box 8911
Madison, WI 53708-8911
Telephone: (608) 220-3054
Comments will be accepted up to two weeks after the last public hearing is held on this rule. Hearing dates will be scheduled after this hearing draft rule is approved by the Board of Agriculture, Trade and Consumer Protection.
_____________________________________________________________________________
Section 1. ATCP 55 (Title) is amended to read:
ATCP 55 (Title) MEAT AND MEAT FOOD POULTRY PRODUCTS
Section 2. ATCP 55.01 (1), (2) (a) and (c) are amended to read:
ATCP 55.01 (1) General. Except as provided in sub. (2), this chapter applies to persons who slaughter livestock, poultry, captive game animals, captive game birds, or other food animals for human consumption, who submit livestock, poultry, captive game animals, captive game birds, or other food animals for slaughter for human consumption, or who process, store, transport, sell, or distribute meat or meat food poultry products or edible food made from captive game animals, captive game birds, or other food animals for human consumption. This chapter applies to slaughter and other processing establishments, mobile custom slaughterers and processors, food warehouses and locker plants, meat distributors and transporters, meat brokers, food retailers, and central restaurant commissaries that engage in activities covered by this chapter.
(2) (a) A restaurant, vending machine commissary, or catering establishment licensed and inspected by the department of health services or its agent, provided that all the following apply:
1. The establishment processes no meat or poultry products other than state or federally inspected meat or poultry products previously subjected to state or federal inspection.
2. The establishment sells meat or poultry products only as part of a meal.
3. Meat processing Any processing of meat or poultry products is confined to the premises where the meat or poultry product is served as part of a meal or, in the case of a vending machine commissary or catering establishment, to the premises where ready-to-eat meals are prepared for catered service or vending machine service to individual consumers.
(c) An individual slaughtering or transporting his or her own animals, or processing or transporting his or her own meat, for his or her own the owner’s consumption or consumption by members of the owner’s household and the owner’s nonpaying guests and employees. An individual’s own consumption may include consumption by the individual’s immediate family, immediate household, and nonpaying guests and employees.
Section 3. ATCP 55.01 (2) (d) is created to read:
ATCP 55.01 (2) (d) An individual processing poultry products who is exempted under 21 USC 464 (c)(1)(A) to (D) and 21 USC 464 (c)(4), which exempts certain personal and custom poultry slaughter and processing from federal regulations. Section 4. ATCP 55.02 (1) is amended to read:
Section 5. ATCP 55.02 (1g) is created to read:
ATCP 55.02 (1g) “Amenable to inspection” means subject to mandatory inspection under 21 USC 451 to 695 or this chapter. Section 6. ATCP 55.02 (1m), (2), and (3) are amended to read:
ATCP 55.02 (1m) “Ante mortem inspection" means a pre-slaughter inspection of a live food animal animals and birds.
(2) “Captive game animals” means bison, white−tailed deer and other animals of a normally wild type that are produced in captivity for slaughter and consumption. “Captive game animals” does not include farm−raised deer, ratites, captive game birds, fish, or animals kept solely for hunting purposes at a hunting preserve.
(3) “Captive game birds bird” means birds a bird of a normally wild type, such as pheasants including pheasant, quail, wild turkeys turkey, or migratory wildfowl, and exotic birds, that are is produced in captivity for slaughter and consumption. “Captive game birds” does do not include poultry, ratites, or birds kept solely for hunting purposes in a hunting preserve.
Section 7. ATCP 55.02 (4g) is created to read:
ATCP 55.02 (4g ) “Community supported agriculture business” means a farm with which individuals contract to regularly receive two or more different agricultural products, which may include uncooked poultry products, originating from the farm.
Section 8. ATCP 55.02 (5) and (5) (Note) are amended to read:
ATCP 55.02 (5) “Custom processing" means slaughtering a food animal or processing meat products as a custom service for an individual who owns that the animal or those meat products, and who uses all the resulting meat or meat food products for his or her own consumption. An individual’s own consumption may include consumption by the individual’s immediate family owner, immediate household members of the owner’s household, and the owner’s nonpaying guests and employees. “Custom processing" includes mobile custom processing.
Note: A provider of custom slaughtering services does not “sell" the slaughtered food animal or the resulting meat, but merely provides a service to the meat owner. An owner’s nonpaying guests may include nonpaying immediate family members.
Section 9. ATCP 55.02 (6) is repealed and recreated to read:
ATCP 55.02 (6) “Denature” means to intentionally make an item unfit for human consumption by adding a substance to it to alter the item’s appearance or other natural characteristics.
Section 10. ATCP 55.02 (6) (Note) is repealed.
Section 11. ATCP 55.02 (14) and (16) to (19) are amended to read:
ATCP 55.02 (14) “Livestock" means domesticated food animals other than poultry. Livestock includes bison, alpacas, llamas, and rabbits.
(16) “Meat broker" means a person who, without taking title to meat or meat food poultry products, purchases, sells, or arranges the purchase or sale of meat or meat food poultry products.
(17) “Meat distributor" means a person who distributes meat or meat food poultry products at wholesale.
(18) “Meat establishment" means a permanent or mobile plant or fixed premises used to slaughter food animals for human consumption, or to process where meat or meat food poultry products for human consumption are processed for entering commerce or where meat or poultry processing services are provided.
(19) “Meat food or poultry product" means any edible product derived in whole or in substantial and definite part from meat parts, including the viscera, of slaughtered livestock or poultry that are capable of use for human food.
Section 12. ATCP 55.02 (19m) is created to read:
ATCP 55.02 (19m) “Misbranded” has the meaning given in 9 CFR 301.2. Section 13. ATCP 55.02 (20) is amended to read:
ATCP 55.02 (20) “Mobile custom processing" means conducting slaughter or otherwise custom processing meat or poultry products for another person at that person’s premises.
Section 14. ATCP 55.02 (21) is repealed.
Section 15. ATCP 55.02 (23) to (25) are amended to read:
ATCP 55.02 (23) “Post mortem inspection" means the post-slaughter inspection of a slaughtered food animal’s carcass and parts thereof.
(24) “Poultry" means domesticated fowl commonly used for human food, birds including domesticated chickens, turkeys, geese, ducks, guinea fowl, and guineas squab. “Poultry" does not include captive game birds or ratites.
(25) “Process" means to slaughter a food animal, cut, grind, manufacture, compound, intermix, or otherwise prepare meat or meat food poultry products.
Section 16. ATCP 55.02 (26m) is created to read:
