Chapter ATCP 55

ATCP 55.02 Note Note: Trigeminal ganglia are the nerves attached to the brain.

ATCP 55.02(29)(d) (d) Eyes.

ATCP 55.02(29)(e) (e) Spinal cord.

ATCP 55.02(29)(f) (f) Vertebral column, excluding the vertebrae of the tail, the transverse processes of the thoracic and lumbar vertebrae, and the wings of the sacrum.

ATCP 55.02(29)(g) (g) Dorsal root ganglia.

ATCP 55.02 Note Note: Dorsal root ganglia are the nerves attached to the spinal cord.

ATCP 55.02(30) (30) “Veterinarian” has the meaning given in s. 97.42 (1) (n), Stats.

ATCP 55.02(31) (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.

ATCP 55.02(32) (32) “Wild game” means edible wild animals other than fish. “Wild game” does not include any of the following:

ATCP 55.02(32)(a) (a) Captive game animals or captive game birds.

ATCP 55.02(32)(b) (b) Farm-raised deer.

ATCP 55.02 History History: CR 01-042: cr. Register March 2002 No. 555, eff. 4-1-02; correction in (11) made under s. 13.93 (2m) (b) 7., Stats., Register October 2004 No. 586; EmR1213: emerg. cr. (4m), am. (24), eff. 9-13-12; CR 12-040: cr. (4m), am. (24) Register May 2013 No. 689, eff. 6-1-13; CR 14-024: renum. (1) to (1m), cr. (1) Register May 2015 No. 713, eff. 6-1-15; correction in (2) and (11) made under s. 35.17, Stats., Register May 2015 No. 713; CR 17-072: am. (1), cr. (1g), am. (1m), (2), (3), cr. (4g), am. (5), r. and recr. (6), am. (14), (16) to (19), cr. (19m), am. (20), r. (21), am. (23) to (25), cr. (26m), r. and recr. (29), (31) Register July 2018 No. 751, eff. 8-1-18 except (14), eff. 1-1-19.

ATCP 55.03 ATCP 55.03 Meat establishment license.

ATCP 55.03(1) (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. The license, for each licensed meat establishment 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) (2) License exemptions. The license requirement under sub. (1) does not apply to any of the following:

ATCP 55.03(2)(a) (a) Slaughter or processing operations inspected by the United States department of agriculture under 21 USC 451 to 695.

ATCP 55.03(2)(b) (b) Mobile custom processing operations.

ATCP 55.03(2)(c) (c) The custom processing of captive game animals or captive game birds.

ATCP 55.03 Note Note: Under s. 97.42 (3), Stats., the department provides ante mortem and post mortem inspection services only to licensed meat establishments. According to federal law and s. ATCP 55.04, captive game animals and captive game birds must be slaughtered subject to ante mortem and post mortem inspection if they are slaughtered for sale for human consumption. This slaughter inspection requirement does not apply to the custom slaughter of captive game animals or captive game birds.

ATCP 55.03(2)(d) (d) A person slaughtering and otherwise processing poultry produced on that person’s premises, provided that all the following apply:

ATCP 55.03(2)(d)1. 1. The person slaughters and otherwise processes no more than 1,000 poultry annually.

ATCP 55.03(2)(d)2. 2. The person slaughters, otherwise processes, and sells the poultry at the premises where they are produced.

ATCP 55.03(2)(d)3. 3. The person clearly and conspicuously labels each package or container of poultry meat with the processor’s name and address and the words “NOT INSPECTED.”

ATCP 55.03 Note Note: See s. 97.42 (11), Stats.

ATCP 55.03(2)(e) (e) A retail food establishment licensed under s. 97.30 (2), Stats., that processes meat or poultry products primarily for sale to individual consumers at the retail food establishment, provided that all the following apply:

ATCP 55.03(2)(e)1. 1. The retail food establishment is not engaged in slaughter operations that are amenable to inspection.

ATCP 55.03(2)(e)2. 2. The retail food establishment sells the processed meat 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.

ATCP 55.03(2)(e)3. 3. The retail food establishment’s gross annual value of sales of its meat and poultry products to hotels, restaurants, or institutions does not exceed 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.

ATCP 55.03(2)(e)4. 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.

ATCP 55.03(2)(e)5. 5. The operator of the retail food establishment does not sell, to any person other than an individual consumer, any meat or poultry product that is cured, smoked, canned, or cooked at the retail establishment.

ATCP 55.03(2)(e)6. 6. The operator of the retail food establishment does not sell, to any person other than an individual consumer, any meat or poultry product made by combining meat from different animal species at the retail establishment.

ATCP 55.03(2)(f) (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).

ATCP 55.03(3) (3) License application. A person shall apply for a meat establishment license on a form provided by the department. The application shall include all the following:

ATCP 55.03(3)(a) (a) The applicant’s correct legal name, and any trade name under which the applicant proposes to operate a meat establishment.

ATCP 55.03(3)(b) (b) The applicant’s social security number if the applicant is an individual.

ATCP 55.03 Note Note: See s. 93.135 (1) (nm), Stats.

ATCP 55.03(3)(c) (c) The address of each meat establishment.

ATCP 55.03(3)(d) (d) For each meat establishment, a proposed slaughter and processing schedule under sub. (12) (a).

ATCP 55.03(3)(dm) (dm) Additional information, if any, required under s. ATCP 17.02 (4) for purposes of livestock premises registration.

ATCP 55.03(3)(e) (e) Other relevant information required by the department.

ATCP 55.03(3)(f) (f) The fees required under sub. (4).

ATCP 55.03(4) (4) License fees. A person shall pay an annual license fee for each licensed meat establishment as follows:

ATCP 55.03(4)(a) (a) A person shall pay an annual license fee of $80 if the person is solely engaged in custom processing operations.

ATCP 55.03(4)(b) (b) A person shall pay an annual license fee for each of the following activities up to a maximum of $200:

ATCP 55.03(4)(b)1. 1. $100 for processing cooked meat or poultry products or processing shelf-stable uncooked meat or poultry products.

ATCP 55.03(4)(b)2. 2. $100 for the slaughter of livestock, other than rabbits, and captive game animals.

ATCP 55.03(4)(b)3. 3. $50 for processing not shelf stable uncooked meat or poultry products.

ATCP 55.03(4)(b)4. 4. $50 for the slaughter of poultry unless exempt under s. ATCP 55.03 (2) (d), ratites, and captive game birds.

ATCP 55.03(4)(b)5. 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.

ATCP 55.03(5) (5) Pre-license inspection. Before the department issues a license for a new meat establishment, or issues a license to a new operator of an existing meat establishment, the department shall inspect that meat establishment. The department shall perform the inspection within 30 days after the operator applies for the license, unless the applicant agrees to a later inspection date.

ATCP 55.03 Note Note: The department may inspect any meat establishment, regardless of whether an inspection is required under sub. (5).

ATCP 55.03(6) (6) Action on license application.

ATCP 55.03(6)(a) (a) Except as provided in par. (b), the department shall grant or deny an annual meat establishment license application within 30 days after the department receives a complete application.

ATCP 55.03(6)(b) (b) If sub. (5) requires a pre-license inspection, the department shall grant or deny the license application within 30 days after the department performs that inspection.

ATCP 55.03(6)(c) (c) If the department denies a meat establishment license application, the department shall give the applicant written notice of the reasons for that denial.

ATCP 55.03(7) (7) Denying, suspending or revoking a license. The department may deny, suspend or revoke a meat establishment license for cause, as provided in ss. 93.06 (7), 97.42 (10) and 97.42 (12), Stats. Cause may include a violation of this chapter.

ATCP 55.03 Note Note: The procedure for suspending or revoking a license, or for contesting a license denial, is set forth in ch. ATCP 1.

ATCP 55.03(8) (8) Conditional license. The department may issue a meat establishment license subject to conditions, or may impose conditions on an existing license, as provided in s. 93.06 (8), Stats.

ATCP 55.03 Note Note: The procedure for imposing conditions on an existing license, or for contesting license conditions, is set forth in ch. ATCP 1.

ATCP 55.03(9) (9) License displayed. A person holding a meat establishment license shall display that license in a prominent location at the licensed meat establishment.

ATCP 55.03(10) (10) Meat establishment number. The department shall assign, to each licensed meat establishment, a meat establishment number that uniquely identifies that meat establishment.

ATCP 55.03(11) (11) Processing wild game.

ATCP 55.03(11)(a) (a) Except as provided in par. (b), no person may slaughter or otherwise process any animals other than food animals at a meat establishment.

ATCP 55.03(11)(b) (b) A meat establishment operator may custom process legally harvested wild game at a meat establishment if all the following apply:

ATCP 55.03(11)(b)1. 1. The operator notifies the department that the operator plans to custom process wild game at that meat establishment. Notice shall specify the type of wild game to be processed. The department may restrict wild game processing that is incompatible with the slaughter or processing of food animals.

ATCP 55.03(11)(b)2. 2. The operator accepts only clean and apparently unadulterated wild game carcasses for custom processing.

ATCP 55.03(11)(b)3. 3. The operator, when custom processing wild game, complies with processing, labeling, and record keeping requirements applicable to the custom processing of food animals under s. ATCP 55.08.

ATCP 55.03(11)(b)4. 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.

ATCP 55.03(11)(b)5. 5. The operator keeps wild game and wild game products separate from all other meat or poultry products in the meat establishment.

ATCP 55.03(11)(b)6. 6. The operator clearly labels wild game products, so they cannot be confused with other meat or poultry products. Wild game products shall be clearly identified by species.

ATCP 55.03(11)(b)7. 7. The operator handles, processes, and stores wild game and wild game products in a manner that prevents contamination of other meat or poultry products.

ATCP 55.03(12) (12) Slaughter and other processing schedule.

ATCP 55.03(12)(a) (a) A person applying for a meat establishment license shall include, with the license application, a proposed schedule for slaughter and other processing. 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.

ATCP 55.03(12)(b) (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:

ATCP 55.03(12)(b)1. 1. Slaughter food animals to produce meat or poultry products for sale.

ATCP 55.03(12)(b)2. 2. Process, by means other than slaughtering, meat or poultry products for sale.

ATCP 55.03(12)(b)3. 3. Custom slaughter food animals, or otherwise custom process meat or poultry products.

ATCP 55.03(12)(b)4. 4. Custom process wild game, as provided in sub. (11).

ATCP 55.03(12)(c) (c) The department may require a change in a schedule for slaughtering and other processing under this subsection if any of the following apply:

ATCP 55.03(12)(c)1. 1. A change is needed in order to make slaughter inspection services available, or to make efficient use of the department’s slaughter inspection staff.

ATCP 55.03(12)(c)2. 2. The operator proposes to process wild game during times also scheduled for the slaughter or processing of food animals.

ATCP 55.03 Note Note: Sub. (11) (b) 4. prohibits simultaneous processing of wild game and food animals.

ATCP 55.03(12)(c)3. 3. The operator proposes to engage in custom slaughter or processing operations during times also scheduled for the slaughter of food animals for sale, or the processing of meat for sale.

ATCP 55.03 Note 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).

ATCP 55.03(12)(d) (d) A meat establishment operator may not deviate from a schedule established under this subsection, without prior written department approval.

ATCP 55.03 History History: CR 01-042: cr. Register March 2002 No. 555, eff. 4-1-02; CR 04-103: am. (1) and cr. (3) (dm) Register September 2005 No. 597, eff. 10-1-05; EmR1213: emerg. cr. (2) (f), eff. 9-13-12; CR 12-040: cr. (2) (f) Register May 2013 No. 689, eff. 6-1-13; CR 17-072: am. (1), (2) (b), (c), (d) (intro.), 1. to 3., (e), (f), renum. (4) to (4) (intro.) and am., cr. (4) (a), (b), am. (11) (a), (b) 2., 4. to 7., (12) (title), (a), (b) 1. to 3., (c) (intro.), (d) Register July 2018 No. 751, eff. 8-1-18 except (4), eff. 1-1-19; correction in (4) (b) 4. made under s. 35.17, Stats., Register July 2018 No. 751.

ATCP 55.04 ATCP 55.04 Slaughter and other processing inspection; general.

ATCP 55.04(1) (1) Slaughter inspection required.

ATCP 55.04(1)(a) (a) Except as provided in pars. (b) to (d), no person may sell any meat from any food animal for human consumption unless the department or the United States department of agriculture has conducted a slaughter inspection of that food animal. The slaughter inspection shall include an ante mortem inspection of the live food animal, and a post mortem inspection of the food animal carcass.