The Department recently learned that rabbit slaughter, done in uninspected facilities (often on-farm) rather than under voluntary for-fee inspection, has been fairly common practice in Wisconsin. This practice had uncertain legality before the passage of 2015 Wisconsin Act 243, and is now clearly prohibited by a statutory requirement that rabbits be slaughtered in a licensed establishment. This rule legalizes the on-premises slaughter of rabbits by creating a no-cost license category for the slaughter of 3,000 or fewer rabbits annually and instituting baseline sanitation and recordkeeping requirements to adequately safeguard public health while allowing low-volume rabbit producers to develop their businesses.
Retail Food Exemptions
This rule revision ensures that exemptions from the requirement in rule to hold a meat establishment license are consistent with those created by 2015 Wisconsin Act 243. The exemptions affect a greater number of retail food establishments than were previously considered exempt, making the statutory and rule language consistent with USDA regulations. Many licensed meat establishments operate a retail food establishment on the same premises. Provided that non-meat items sold in the retail food establishment do not exceed 25% of the total sales, the Department, by rule, does not require the retail food establishment to hold a separate retail food establishment license. In this situation, many licensed meat establishments manufacture some meat products solely for the retail food establishment part of their business. The packages containing these products are not required to bear the inspection legend that is required for meat products being sold wholesale. However, the existing rule has long been interpreted as requiring that the formula and label of each of these products must be pre-approved by the Department before retail sale. Some business operators have questioned the fairness of this interpretation, as there are no such requirements for other, non-meat, potentially hazardous foods made for retail sale (i.e., fish sausage). In addition, retail food establishments not linked to a meat establishment commonly make and sell meat items without formula (recipe) or label approval, e.g. rotisserie chicken. This rule clarifies the retail meat and poultry products formula and labeling packaging exemptions.
Other Revisions
The rule makes other revisions to update terminology and add definitions to improve clarity. Some revisions are made to align the rule terminology with recent changes in state and federal law. Among these revisions are the following:
• The rule aligns the list of exemptions related to custom processing with statutes. The definition of custom processing is clarified to include both slaughter and processing of meat or poultry products. Currently, meat or poultry may be used for the owner’s own consumption, consumption by members of the owner’s immediate household, and nonpaying guests. The rule was revised to reflect statutory language that allows use by the owner, members of the owner’s household, and the owner’s nonpaying guests and employees. This revision still allows nonpaying immediate family members, as nonpaying guests, to consume the meat.
• The rule adds the Martin Luther King, Jr. Day holiday to the list of holidays for the purposes of scheduling meat inspection.
• The rule incorporates 9 CFR 412, which relates to labeling requirements. • The rule replaces the term “meat and meat food products” with “meat and poultry products” throughout to reflect modification of this definition.
Summary of, and Comparison with, Existing or Proposed Federal Statutes and Regulations
The FMIA and the PPIA gave USDA FSIS the responsibility for ensuring the safety and wholesomeness of meat and poultry distributed in commerce for use as human food. FSIS conducts ante mortem and post mortem slaughter inspection and inspection of meat and poultry food products and inspection of basic sanitation practices. FSIS also ensures that meat and poultry businesses follow labeling and humane handling procedures during slaughter, as required by federal law. The agency also reviews Hazard Analysis and Critical Control Point (“HACCP”) systems. HACCP is a system employed by each establishment for preventing contamination and ensuring the safety of meat and poultry products.
Wisconsin’s state meat and poultry inspection program operates under a cooperative agreement with FSIS. The Wholesome Meat Act of 1967 and the Wholesome Poultry Products Act of 1968 created state meat inspection programs under the authority of FSIS. FSIS ensures that state programs meet inspection standards that are “at least equal to” federal meat inspection standards. FSIS provides 50 percent of Wisconsin’s program funding.
Until 2008, only meat and poultry establishments inspected by FSIS were allowed to sell products in interstate commerce. The 2008 Farm Bill authorized FSIS to create the Cooperative Interstate Shipment (“CIS”) Program, allowing selected state-inspected meat and poultry establishments to sell their products in interstate commerce. FSIS published final rules for the voluntary program in May 2011 and Wisconsin participates in the program. FSIS provides states with 60 percent of the cost for inspecting those establishments that participate in the program.
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.
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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.
