Wisconsin Legislature: ATCP 55.10(3)(e)

(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.

History: 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 Meat labels and formulas.

(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.

Note: 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.

(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:

(a) The name of the meat or poultry product.

(b) The net weight of the meat or poultry product.

(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.

(d) An inspection legend if required under sub. (3) or 9 CFR 317.2 or 9 CFR 381.96.

(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.

(f) Safe handling instructions if required under 9 CFR 317.2 (l) or 9 CFR 381.125.

(g) One of the following statements if the meat or poultry product is being sold at retail and is perishable:

1. “Perishable.”

2. “Keep refrigerated.”

3. “Keep under refrigeration.”

4. “Keep frozen.”

(3) Inspection legend.

(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.

(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.

(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).

Note: Federal law prohibits the sale, in other states, of state-inspected meat that is required to bear the Wisconsin inspection under par. (c). The following is an illustration of the Wisconsin inspection legend described in par. (c):

(d) The inspection legend under par. (a) shall consist of an equilateral or isosceles triangle enclosing the words “WIS. DEPT. AGR. INSPECTED” and the meat establishment number assigned under s. ATCP 55.03 (10) if all the following apply:

1. The meat or poultry product contains meat from farm-raised deer, captive game animals, or captive game birds.

2. Meat from domesticated food animals and ratites constitutes less than 3% of the product by weight.

3. Fat from domesticated food animals and ratites constitutes less than 30% of the product by weight.

Note: Federal law does not prohibit the sale, in other states, of state-inspected meat from farm-raised deer, captive game animals, captive game birds, alpacas, bison, llamas, or rabbits (meat required to bear a triangular inspection legend under par. (d)). The following is an illustration of the state inspection legend described in par. (d):

(e) If space is limited, the word “INSPECTED” in the state inspection legend under par. (c) or (d) may be abbreviated as “INSP’D.”

(4) Standards of identity. Labeling of meat and poultry products shall comply with applicable standards of identity in 9 CFR 319 and 9 CFR 381 Subpart P. No person may misrepresent the identity of any meat or poultry product.

(5) Formula approval.

(a) No person may manufacture any meat or poultry product bearing the mark of inspection in a meat establishment licensed under s. ATCP 55.03 unless the department first approves the product formula for compliance with applicable labeling and food safety requirements, including applicable standards of identity under sub. (4).

(b) To obtain the department’s approval under par. (a), a person shall submit the product formula on a form provided by the department. The form shall identify all meat and non-meat ingredients in the product, and shall include any other information required by the department.

(c) The department shall approve or disapprove a product formula within 30 days after the department receives a complete application under par. (b). The department shall give the applicant written notice of its action. If the department does not approve the formula, the notice shall state the department’s reasons.

(d) No department formula approval under this chapter is required for meat and poultry products that are made in a licensed meat establishment only for sale to individual consumers if all the following apply:

1. The products are produced under a retail food establishment license in accordance with s. 97.30, Stats.

2. Operation of the retail food establishment meets the requirements of ch. ATCP 75 and 75 Appendix.

(6) Label approval. No person may sell any of the following meat or poultry products intended for sale at wholesale unless the department first approves the labeling of that meat or those meat food products:

(a) Meat or poultry products bearing labels that make claims related to health, quality, or nutritional characteristics or food animal production methods.

(b) Meat from farm-raised deer, captive game animals, or captive game birds, or meat products made from that meat.

(c) Meat or poultry products bearing labels that make claims related to organizational membership or organizational standards.

(7) Prohibited labeling practices.

(a) No person may apply, to any meat or poultry product, any mark, legend, or label that is false, deceptive, or misleading.

(b) No person may misrepresent that the department has inspected meat or poultry products, or misrepresent the department’s inspection findings related to meat or poultry products.

(c) No person may misrepresent that any meat or poultry product has been processed at a licensed meat establishment, or is derived from meat inspected and passed by the department.

(d) No person may counterfeit or use without proper authority any inspection mark, label, or marking device under this subsection.

(e) No person may wrongfully alter or remove any mark or label applied under this section.

(f) No person may sell, transport, or store any meat or poultry product that is not marked, labeled, or identified according to this chapter.

History: CR 01-042: cr. Register March 2002 No. 555, eff. 4-1-02; CR 17-072: am. (1), (2) (intro.), (a) to (f), (g) (intro.), (3) (a), (b), (d) 1., 3., (4), (5) (a), (b), cr. (5) (d), am. (6), (7) (a) to (c), (f) Register July 2018 No. 751, eff. 8-1-18; correction in (2) (d) made under s. 35.17, Stats., Register July 2018 No. 751.

ATCP 55.11 Transporting meat.

(1) General. A person transporting meat or poultry products for human consumption shall do so in a manner that keeps the meat or poultry products unadulterated. Meat or poultry products for human consumption shall be maintained at 41° F (5° C) or cooler during transport if they are perishable, or if they are labeled “Keep Refrigerated” or “Keep Frozen.” The internal temperature of the refrigerated products may not exceed 41° F (5° C) at the time of delivery.

(2) Vehicles and facilities. Vehicles and facilities used to transport meat or poultry products shall be constructed and maintained to ensure that the meat or poultry products arrive at their destination in an unadulterated condition. Vehicles and facilities shall be adequately equipped to ensure compliance with sub. (1).

(3) Unwrapped meat or poultry products. Unwrapped meat or poultry products shall be transported in enclosed vehicles equipped with tight fitting doors, and shall be protected from contamination from the vehicle.

History: CR 01-042: cr. Register March 2002 No. 555, eff. 4-1-02; CR 17-072: am. Register July 2018 No. 751, eff. 8-1-18.

ATCP 55.12 Meat brokers and meat distributors; registration.

(1) Annual registration certificate. No person may operate as a meat broker or meat distributor without an annual registration certificate from the department, except that no registration certificate is required for a meat broker or meat distributor who holds a current annual meat establishment license under s. ATCP 55.03. A registration certificate expires on June 30 annually. No fee is required.

(2) Applying for a registration certificate. To obtain a registration certificate under sub. (1), a person shall apply on a form provided by the department. The application shall include all the following:

(a) The applicant’s correct legal name, and any trade name under which the applicant does business.

(b) The applicant’s business address.

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

(d) Other relevant information required by the department.

(3) Action on application. The department shall grant or deny an application under sub. (2) within 30 days after the department receives a complete application.

(4) Denying, suspending, or revoking a registration certificate. The department may deny, suspend, or revoke a registration certificate under sub. (1) for cause, as provided in s. 93.06 (7), Stats. Cause may include a violation of this chapter.

Note: 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.

(5) Conditional registration certificate. The department may issue a registration certificate under sub. (1) subject to conditions, or may impose conditions on an existing registration certificate, as provided in s. 93.06 (8), Stats.

(6) Records.

(a) A meat broker or meat distributor shall keep all of the following records related to transactions in which the meat broker or meat distributor is involved as a buyer, seller, or broker of meat or poultry products:

1. The name and address of the seller.

2. The name and address of the buyer.

3. The date and location of sale.

4. The types and amounts of meat or poultry products sold.

5. If the meat broker or meat distributor takes physical custody of the meat or poultry products, complete records related to the receipt, storage, and disposition of those meat or poultry products.

(b) A meat broker or meat distributor shall retain each record under par. (a) for at least 3 years after the record is made, and shall make records available to the department for inspection and copying upon request.

Note: 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.

History: CR 01-042: cr. Register March 2002 No. 555, eff. 4-1-02; CR 07-116: cr. (6) Register November 2008 No. 635, eff. 12-1-08; CR 17-072: am. (6) (a) (intro.), 4., 5. Register July 2018 No. 751, eff. 8-1-18.

ATCP 55.13 Prohibited practices. No person may do any of the following:

(1) Process or sell, for human consumption, any adulterated or misbranded meat or poultry product.

(2) Slaughter any food animal, for human consumption, under unsanitary conditions.

(3) Process, store, handle, transport, or sell meat or poultry products for human consumption under conditions that may render the meat or poultry products adulterated.

(4) Slaughter any food animal for human consumption, or otherwise process any meat or poultry products for human consumption, at a place other than a meat establishment licensed under s. ATCP 55.03. This prohibition does not apply to processing operations that are exempted from licensing under s. ATCP 55.03 (2).

(5) Make any false, deceptive, or misleading statement, when submitting a food animal for slaughter, related to any of the following:

(a) The ownership, identity, origin, or health status of the animal.

(b) The administration of any drug to the animal.

(6) Obstruct a department employee performing his or her duties. Obstruction includes any of the following:

(a) Physical interference.

(b) Verbal or physical assault or abuse.