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 ATCP 55.02 (6) is repealed and recreated to read: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 ATCP 55.02 (6) (Note) is repealed.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:
ATCP 55.03 (2) (e) 4. The retail food establishment receives meat only from meat establishments licensed under this section or inspected by the United States department of agriculture under 21 USC 451 to 695. 5. The operator of the retail food establishment does not sell, to any person other than an individual consumer, any meat or meat food poultry product that is cured, smoked, seasoned, canned, or cooked at the retail establishment.
6. The operator of the retail food establishment does not sell, to any person other than an individual consumer, any meat or meat food poultry product made by combining meat from different animal species at the retail establishment.
(2) (f) A retail food establishment qualifying for an exemption under 9 CFR 303.1 (d) (2) (iv) (c) or (e) (1) or 9 CFR 381.10 (d) (1) or (e) (1). Section 25. ATCP 55.03 (4) is renumbered ATCP 55.03 (4) (intro.) and amended to read:
ATCP 55.03 (4) License fees. A person shall pay a $200 an annual license fee for each licensed meat establishment, except that the person shall pay an annual license fee of $80 if the person is solely engaged in custom slaughtering or custom processing operations at that meat establishment. as follows:
Section 26. ATCP 55.03 (4) (a) and (b) are created to read:
ATCP 55.03 (4) (a) A person shall pay an annual license fee of $80 if the person is solely engaged in custom processing operations.
(b)
A person shall pay an annual license fee for each of the following activities up to a maximum of $200:1. $100 for processing cooked meat or poultry products or processing shelf-stable uncooked meat or poultry products.
2. $100 for the slaughter of livestock, other than rabbits, and captive game animals.
3. $50 for processing not shelf stable uncooked meat or poultry products.
4. $50 for the slaughter of poultry unless exempt under ATCP 55.03 (2)(d), ratites, and captive game birds.
5. $25 for the slaughter of more than 3,000 rabbits annually. A rabbit slaughter establishment shall be licensed except there shall be no license fee for the slaughter of 3,000 or fewer rabbits annually.
Section 27. ATCP 55.03 (11) (a), (b) 2. and 4. to 7., (12) (Title), (a), (b) (intro.) and 1. to 3., (c) (intro.) and (Note), and (d) are amended to read:
ATCP 55.03 (11) (a) Except as provided in par. (b), no person may slaughter or otherwise process any animals other than food animals at a meat establishment.
(b) 2. The operator accepts only clean and apparently wholesome unadulterated wild game carcasses for custom processing.
4. The operator custom processes wild game only at times when the operator is not engaged in slaughtering or processing food animals. The operator shall thoroughly clean and sanitize equipment and utensils used to process wild game before using the same equipment or utensils to slaughter food animals or otherwise process food animals or the meat of food animals.
5. The operator keeps wild game and wild game products separate from all other meat and meat food or poultry products in the meat establishment.
6. The operator clearly labels wild game products, so they cannot be confused with other meat or meat food poultry products. Wild game products shall be clearly identified by species.
7. The operator handles, processes, and stores wild game and wild game products in a manner that prevents contamination of other meat and meat food or poultry products.
(12) Slaughter and other processing schedule. (a) A person applying for a meat establishment license shall include, with the license application, a proposed schedule for slaughter and other processing schedule. A meat establishment operator need not include a schedule with a license renewal application if there has been no change in the schedule last established for the meat establishment under this subsection.
(b) A schedule under par. (a) shall specify the days of each week, and the hours of each day, during which the applicant proposes to engage in each of the following activities at the meat establishment:
1. Slaughter food animals to produce meat or meat food poultry products for sale.
2. Process, by means other than slaughtering, meat or meat food poultry products for sale.
3. Custom slaughter food animals, or otherwise custom process meat or meat food poultry products.
(c) The department may require a change in a schedule for slaughtering and other processing schedule under this subsection if any of the following apply:
Note: A meat establishment operator may not engage in custom slaughter or other custom processing operations while the operator is simultaneously slaughtering food animals for sale, or simultaneously otherwise processing the meat of food animals for sale. There are exceptions for inspected custom operations, and for simultaneous operations that are physically separated to prevent cross-contamination and commingling. The department may disapprove a simultaneous schedule if these exceptions do not apply. See s. ATCP 55.08 (3).
