ATCP 55.07 HistoryHistory: CR 01-042: cr. Register March 2002 No. 555, eff. 4-1-02; CR 07-116: am. (1) (a) (intro.), (2) (a) (intro.), (3) (a) (intro.) and (8), cr. (8) (e) Register November 2008 No. 635, eff. 12-1-08; CR 08-075: am. (3) (a) (intro.) Register April 2009 No. 640, eff. 5-1-09; CR 10-122: am. (1) (a) Register July 2011 No. 667, eff. 8-1-11; EmR1213: emerg. am. (1) (a) (intro.), cr. (1) (c), am. (2) (a) (intro.), cr. (2) (d), am. (3) (a) (intro.), cr. (3) (c), eff. 9-13-12; CR 12-040: am. (1) (a) (intro.), cr. (1) (c), am. (2) (a) (intro.), cr. (2) (d), am. (3) (a) (intro.), cr. (3) (c) Register May 2013 No. 689, eff. 6-1-13; CR 14-024: am. (6) (intro.), cr. (6) (d), am. (7) (f) Register May 2015 No. 713, eff. 6-1-15; CR 17-072: am. (title), (1), (2) (title), (a) (intro.), 2., (b), (c) (intro.), 1., 2., (3) (title), (a) (intro.), 2., (b), renum. (4) (a) to (4) and am., am. (5), (6) (intro.), (d), (9) (b), (e) 2., (10) (b), (d), (e), (11) (g), renum. (13) (c) to (13) (d), cr. (13) (c) Register July 2018 No. 751, eff. 8-1-18 except (4), eff. 1-1-19. ATCP 55.08(1)(1) General. A person providing a custom processing service shall do all the following: ATCP 55.08(1)(d)(d) Mark or label all the resulting meat products “NOT FOR SALE” and all the resulting poultry products “NOT INSPECTED” as provided in sub. (2). A person providing a custom processing service shall keep the service recipient’s meat and poultry products separate from all other food that the service provider holds for others or offers for sale. The person may not sell any of the service recipient’s meat products, or commingle them with any food that the person holds for others or sells. ATCP 55.08 NoteNote: For example, a person providing custom processing services may not combine saved carcass parts, such as head meat, tongues, hearts, fat, or trimmings, with meat or poultry products processed for other service recipients or purchasers. The licensing exemption under s. ATCP 55.03 (2) (d) allows for the direct sale from a service recipient to customers of up to 1,000 birds. ATCP 55.08(1)(e)(e) Return all of the resulting meat and poultry products to the service recipient. The service recipient may use them only for the service recipient’s personal consumption, which may include consumption by members of the service recipient’s household, and the service recipient’s nonpaying guests and employees. ATCP 55.08 NoteNote: An owner’s nonpaying guests may include nonpaying immediate family members.
ATCP 55.08(1)(h)(h) Create and keep complete and accurate records of all custom processing transactions that are completed upon slaughter of a food animal or receipt of meat for processing. The service provider shall keep the records for at least 3 years, and shall make the records available to the department for inspection and copying upon request. Each record shall include all of the following: ATCP 55.08(1)(h)1.1. The name and address for each individual for whom the person provides mobile custom slaughter or processing service. ATCP 55.08(1)(h)2.2. The number and type of animals slaughtered for each service recipient. ATCP 55.08(1)(h)4.4. The disposition of each carcass. The report shall indicate whether a carcass was transported to another location for processing and, if so, the location to which it was transported. ATCP 55.08(2)(a)(a) A person providing a custom processing service shall mark or label the resulting meat and poultry products with all the following information: ATCP 55.08(2)(a)1.1. The words “NOT FOR SALE” for meat products or “NOT INSPECTED” for poultry products in block letters at least 3/8” high. ATCP 55.08(2)(a)2.2. The name or commonly recognized trade name of the person providing the custom processing service. If the person performs the service at a meat establishment licensed under s. ATCP 55.03, the person may use the meat establishment number assigned under s. ATCP 55.03 (10) instead of the person’s name. If the person provides the service as a mobile custom processing service, the person may use the registration number assigned under s. ATCP 55.09 (2) (g) instead of the person’s name. ATCP 55.08 NoteNote: The following examples illustrate possible label formats under par. (a):
NOT FOR SALE NOT FOR SALE NOT INSPECTED
XYZ Market WIS 000 ABC FARMS
ATCP 55.08(2)(b)(b) A person providing a custom slaughter service shall mark the carcass of each custom slaughtered animal with the information required under par. (a). The person shall mark each side, quarter, detached organ, and other part of the carcass. The person shall mark the carcass immediately after slaughter, before the carcass leaves the slaughter site. ATCP 55.08(2)(c)(c) A person providing a custom processing service shall apply the label under par. (a) to all packages and containers of custom processed meat and poultry products when those meat or poultry products are packaged or placed in those containers. The person shall individually label sausages that have a diameter of more than 1 1/2” if those sausages are individually packaged, or if they are shipped or stored in unsealed containers. ATCP 55.08(3)(a)(a) Except as provided in par. (b), a meat establishment operator may not engage in custom slaughter or other processing operations at a meat establishment while the operator is simultaneously doing any of the following at that establishment: ATCP 55.08(3)(b)1.1. A department-inspected custom slaughter, or the custom processing of meat from a department-inspected custom slaughter. ATCP 55.08(3)(b)2.2. Simultaneous operations conducted in separate rooms or areas, if approved by the department. The department may approve simultaneous operations that are adequately separated and controlled to prevent cross-contamination or commingling of meat from the separated operations. ATCP 55.08 HistoryHistory: CR 01-042: cr. Register March 2002 No. 555, eff. 4-1-02; CR 17-072: am. (title), (1) (intro.), (d), (e) to (g), renum. (1) (h) to (1) (h) (intro.) and am., cr. (1) (h) 1. to 6., am (2) (a), (c), (3) (a) (intro.) Register July 2018 No. 751, eff. 8-1-18. ATCP 55.09(2)(a)(a) No person may receive any compensation, other than bartered services, for providing mobile custom processing services unless that person holds a current annual registration certificate from the department. No registration certificate is required if the person holds a meat establishment license under s. ATCP 55.03. ATCP 55.09(2)(c)(c) A person shall apply for a registration certificate under par. (a) on a form provided by the department. No fee is required. The application shall include all the following: ATCP 55.09(2)(c)1.1. The applicant’s correct legal name, and any trade name under which the applicant does business. ATCP 55.09(2)(c)3.3. The applicant’s social security number if the applicant is an individual. ATCP 55.09(2)(d)(d) The department shall grant or deny an application under par. (c) within 30 days after the department receives a complete application. ATCP 55.09(2)(e)(e) The department may deny, suspend, or revoke a registration certificate under par. (a) for cause, as provided in s. 93.06 (7), Stats. Cause may include a violation of this chapter. ATCP 55.09 NoteNote: The procedure for suspending or revoking a registration certificate, or for contesting the denial of a registration certificate, is set forth in ch. ATCP 1. ATCP 55.09(2)(f)(f) The department may issue a registration certificate under par. (a) subject to conditions, or may impose conditions on an existing registration certificate, as provided in s. 93.06 (8), Stats. ATCP 55.09 NoteNote: The procedure for imposing conditions on an existing registration certificate, or for contesting conditions imposed by the department, is set forth in ch. ATCP 1. ATCP 55.09(2)(g)(g) The department shall assign, to each person holding a registration certificate under par. (a), a registration number that uniquely identifies that person. ATCP 55.09(3)(a)(a) Mobile custom processing operations shall be conducted under clean and sanitary conditions. ATCP 55.09(3)(b)(b) Vehicles and facilities used in mobile custom processing operations shall be designed and constructed so that clean and sanitary conditions are maintained. ATCP 55.09(3)(c)(c) Facilities shall be available, at every mobile custom slaughter and mobile custom processing site, to clean and sanitize equipment and utensils. ATCP 55.09(4)(4) Equipment and utensils. Equipment and utensils used in mobile custom processing operations shall be of sanitary design and construction, and shall be kept clean and sanitary. Meat or poultry product contact surfaces of equipment and utensils shall be cleaned and sanitized after each use, and more frequently as necessary, to keep them clean and sanitary. ATCP 55.09(5)(5) Personnel. Personnel engaged in mobile custom processing operations shall wear clean and washable outer clothing, and shall wash and rinse their hands sufficiently during the operations to prevent contamination of carcasses and meat or poultry products. ATCP 55.09(6)(6) Water supply. Potable water shall be available for all mobile custom processing operations. There shall be enough water for thorough cleaning of all carcasses, equipment, and utensils. Water shall be available during all slaughtering, other processing, and cleanup operations. ATCP 55.09(7)(7) Carcass transported to meat establishment for custom processing. ATCP 55.09(7)(a)(a) A person performing a mobile custom slaughter service shall return the resulting meat to the service recipient at the slaughter site, except that the service provider may transport a carcass to a meat establishment licensed under s. ATCP 55.03 for custom processing. The custom processor shall return the resulting meat to the service recipient. ATCP 55.09(7)(b)(b) Carcasses transported under par. (a) shall be transported according to s. ATCP 55.11. Inedible slaughter products, if transported on the same vehicle with meat, shall be transported in tightly covered waterproof containers or in separate waterproof compartments to prevent spillage of inedible products and contamination of meat. ATCP 55.09(8)(8) Mobile custom slaughter; monthly report. A person holding a registration certificate under sub. (2) or a license under s. ATCP 55.03 shall file a report with the department for each month in which that person performs any mobile custom slaughter. The person shall file the report by the 10th day of the following month on a form provided by the department. The report shall include all the following information: ATCP 55.09(8)(a)(a) The name and address of each individual for whom the person provided mobile custom slaughter services. ATCP 55.09(8)(b)(b) The number and type of animals slaughtered for each service recipient, including indication of whether cattle are less than 30 months of age or 30 months of age or greater, and if the specified risk materials were removed. ATCP 55.09(8)(d)(d) The disposition of each carcass. The report shall indicate whether a carcass was transported to another location for processing and, if so, the location to which it was transported. ATCP 55.09(9)(9) Records. A person providing mobile custom processing shall keep complete and accurate records of all processing transactions as under s. ATCP 55.08 (1) (h). The service provider shall keep the records for at least 3 years, and shall make the records available to the department for inspection and copying upon request. ATCP 55.09 HistoryHistory: CR 01-042: cr. Register March 2002 No. 555, eff. 4-1-02; CR 07-116: am. (1) Register November 2008 No. 635, eff. 12-1-08; CR 17-072: am. (title), (1), (2) (a), (3) (a), (b), (4) to (6), (8) (b), cr. (9) Register July 2018 No. 751, eff. 8-1-18; correction in (5) made under s. 35.17, Stats., Register July 2018 No. 751. ATCP 55.10(1)(1) General. Meat or poultry products sold in this state shall be labeled according to this chapter and ch. ATCP 90. No person may sell any misbranded meat or poultry products, or make any false, deceptive, or misleading representation in connection with the sale of meat or poultry products. ATCP 55.10 NoteNote: See ss. 97.03, 100.18 and 100.183, Stats. Chapter ATCP 90 (fair packaging and labeling) contains general requirements for the packaging and labeling of food and other consumer commodities. ATCP 55.10(2)(2) Meat labels; general. No person may sell any meat or poultry product unless that meat or poultry product is clearly labeled with all the following: ATCP 55.10(2)(c)(c) The name and address of the person who last processed the meat or poultry product, or the name and address of the legally responsible distributor for whom the meat or poultry product was last processed. ATCP 55.10(2)(e)(e) An ingredient statement if the product contains 2 or more ingredients. The ingredient statement shall contain the word “INGREDIENTS:” followed by a listing of ingredients in order of decreasing predominance by weight. ATCP 55.10(2)(g)(g) One of the following statements if the meat or poultry product is being sold at retail and is perishable: ATCP 55.10(3)(a)(a) Except as provided in par. (b), a license holder under s. ATCP 55.03 who processes meat or poultry products from meat inspected and passed by the department shall label those meat or poultry product with a state inspection legend. The legend shall be clearly visible to prospective purchasers on all packages and containers of products. ATCP 55.10(3)(b)(b) Paragraph (a) does not apply to meat or poultry products processed at a retail establishment and sold only to individual consumers at that establishment. ATCP 55.10(3)(c)(c) Except as provided in par. (d), the state inspection legend under par. (a) shall consist of an outline map of Wisconsin enclosing the words “WIS. DEPT. AGR. INSPECTED” and the meat establishment number assigned under s. ATCP 55.03 (10).
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