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.
(25) “Process" means to slaughter an animal or bird, cut, grind, manufacture, compound, intermix, or otherwise prepare meat or meat food poultry products.
Section 17. ATCP 55.02 (26m) is created to read:
(26m) “Retail” means selling food or food products directly to any consumer only for consumption by the consumer or the consumer’s immediate family or non-paying guests.
Section 18. ATCP 55.02 (29) is repealed and recreated to read:
ATCP 55.02 (29) “Specified risk materials” means tonsils and the distal ileum of the small intestine from cattle of any age. For cattle 30 months of age or older, specified risk materials also means each of the following:
(a) Skull.
(b) Brain.
(c) Trigeminal ganglia. Note: Trigeminal ganglia are the nerves attached to the brain.
(d) Eyes.
(e) Spinal cord.
(f) Vertebral column, excluding the vertebrae of the tail, the transverse processes of the thoracic and lumbar vertebrae, and the wings of the sacrum.
(g) Dorsal root ganglia. Note: Dorsal root ganglia are the nerves attached to the spinal cord.
Section 19. ATCP 55.02 (29) (Note) is repealed.
Section 20. ATCP 55.02 (31) is repealed and recreated to read:
ATCP 55.02 (31) “Wholesale” means the transfer of any food to a person or commercial entity who will either re-sell it, distribute it, or use it as an ingredient in a product that will be then offered for sale or distribution. “Wholesale” also means the transfer of food from the point of production to another location for sale even if the other location is adjacent to the point of production.
Section 21. ATCP 55.02 (31) (Note) is repealed.
Section 22. ATCP 55.03 (1), (2) (b), (c), (d) (intro.), (d) 1. to 3., (e) (intro.) and (e) 1. to 3. are amended to read:
ATCP 55.03 (1) Annual license required. Except as provided in sub. (2), no person may operate a meat establishment without a current annual license from the department. A license expires on June 30 of each year. A person who operates more than one meat establishment shall hold a current annual license for each meat establishment. Each slaughter The license, for each licensed meat establishment license conducting slaughter, shall bear a livestock premises code issued under s. ATCP 17.02 (7). A license may not be transferred between persons or meat establishments. ATCP 55.03 (2) (b) Mobile custom slaughter or mobile custom processing operations.
(c) The custom slaughter or custom processing of captive game animals or captive game birds.
(d) A person slaughtering and otherwise processing poultry produced on that person’s farm premises, provided that all the following apply:
1. The person slaughters and otherwise processes no more than 1,000 poultry per year annually.
2. The person slaughters, otherwise processes, and sells the poultry at the farm premises where they are produced.
3. The person clearly and conspicuously labels each package or container of poultry meat with the person’s processor’s name and address and the words “NOT INSPECTED.”
(e) A retail food establishment licensed under s. 97.30 (2), Stats., that processes meat or meat food poultry products primarily for sale to individual consumers at the retail food establishment, provided that all the following apply: 1. The retail food establishment is not engaged in slaughter operations that are amenable to inspection.
2. The retail food establishment sells the processed meat and meat food or poultry products only to individual consumers at the retail food establishment, or to hotels, restaurants, or institutions for use in meals served at those hotels, restaurants, or institutions.
3. The retail food establishment’s gross annual value of sales of its processed meat and meat food poultry products to hotels, restaurants, or institutions do does not exceed $28,800 annually, the adjusted dollar limits published by the United States department of agriculture in 9 CFR 303.1 (d) (2) (iii) (b) and 9 CFR 381.10 (d)(2)(iii)(b) or 25% by dollar volume of all meat sales from the retail establishment, whichever is less. No person exempt from licensure under this paragraph may sell any cured, smoked, canned, or cooked meat or poultry products produced by the person to hotels, restaurants, or institutions. Section 23. ATCP 55.03 (2) (e) 3. (Note) is repealed.
Section 24. ATCP 55.03 (2) (e) 4., 5. and 6., and (2) (f) are amended to read:
