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, inspection of meat and poultry food products, and inspection of basic sanitation practices. FSIS also ensures that meat and poultry businesses meet labeling requirements and use 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 to ensure 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 and poultry 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 CIS 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 CIS 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, but these states are not in the CIS 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 solicited information from industry about the potential economic impact of the rule, but no comments were submitted.
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 the license holder because of a potential reduction in fees based on product and process risk. The Department included provisions in order to make the rule more flexible and equitable for small rabbit processing establishments. In addition, several elements of the rule regarding retail sales of meat and poultry products may reduce the regulatory burden on some of the retail food establishments that process meat and poultry. As the Department concurrently revises ATCP 70 (Food Processing Plants) and ATCP 75 (Retail Food Establishments) to coordinate food business licensing requirements, some meat 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 solicited information about the potential economic impact of the rule from June 23, 2017 to July 22, 2017. No public comments were received.
Agency Contact
Questions and comments related to 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) 224-4729
Comments on this rule were accepted until December 15, 2017. Five hearings were held throughout the State of Wisconsin from November 16, 2017 through December 8, 2017.
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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. 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.
(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” means birds of a normally wild type, such as pheasants including pheasant, quail, wild turkeys turkey, or migratory wildfowl, and exotic birds, that are produced in captivity for slaughter and consumption. “Captive game birds” does 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) is amended to read:
ATCP 55.02 (14) “Livestock" means domesticated food animals other than poultry. Livestock includes bison, alpacas, llamas, and rabbits.
Section 12. ATCP 55.02 (16) to (19) are amended to read:
(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, poultry, or ratites that are capable of use for human food.
Section 13. ATCP 55.02 (19m) is created to read:
ATCP 55.02 (19m) “Misbranded” has the meaning given in 9 CFR 301.2. Section 14. 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 15. ATCP 55.02 (21) is repealed.
Section 16. 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 animal carcasses 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.
