Chapter ATCP 55

ATCP 55.10 Note 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):

ATCP 55.10(3)(d) (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:

ATCP 55.10(3)(d)1. 1. The meat or poultry product contains meat from farm-raised deer, captive game animals, or captive game birds.

ATCP 55.10(3)(d)2. 2. Meat from domesticated food animals and ratites constitutes less than 3% of the product by weight.

ATCP 55.10(3)(d)3. 3. Fat from domesticated food animals and ratites constitutes less than 30% of the product by weight.

ATCP 55.10 Note 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):

ATCP 55.10(3)(e) (e) If space is limited, the word “INSPECTED” in the state inspection legend under par. (c) or (d) may be abbreviated as “INSP’D.”

ATCP 55.10(4) (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.

ATCP 55.10(5) (5) Formula approval.

ATCP 55.10(5)(a) (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).

ATCP 55.10(5)(b) (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.

ATCP 55.10(5)(c) (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.

ATCP 55.10(5)(d) (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:

ATCP 55.10(5)(d)1. 1. The products are produced under a retail food establishment license in accordance with s. 97.30, Stats.

ATCP 55.10(5)(d)2. 2. Operation of the retail food establishment meets the requirements of ch. ATCP 75 and 75 Appendix.

ATCP 55.10(6) (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:

ATCP 55.10(6)(a) (a) Meat or poultry products bearing labels that make claims related to health, quality, or nutritional characteristics or food animal production methods.

ATCP 55.10(6)(b) (b) Meat from farm-raised deer, captive game animals, or captive game birds, or meat products made from that meat.

ATCP 55.10(6)(c) (c) Meat or poultry products bearing labels that make claims related to organizational membership or organizational standards.

ATCP 55.10(7) (7) Prohibited labeling practices.

ATCP 55.10(7)(a) (a) No person may apply, to any meat or poultry product, any mark, legend, or label that is false, deceptive, or misleading.

ATCP 55.10(7)(b) (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.

ATCP 55.10(7)(c) (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.

ATCP 55.10(7)(d) (d) No person may counterfeit or use without proper authority any inspection mark, label, or marking device under this subsection.

ATCP 55.10(7)(e) (e) No person may wrongfully alter or remove any mark or label applied under this section.

ATCP 55.10(7)(f) (f) No person may sell, transport, or store any meat or poultry product that is not marked, labeled, or identified according to this chapter.

ATCP 55.10 History 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 ATCP 55.11 Transporting meat.

ATCP 55.11(1) (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.

ATCP 55.11(2) (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).

ATCP 55.11(3) (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.

ATCP 55.11 History 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 ATCP 55.12 Meat brokers and meat distributors; registration.

ATCP 55.12(1) (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.

ATCP 55.12(2) (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:

ATCP 55.12(2)(a) (a) The applicant’s correct legal name, and any trade name under which the applicant does business.

ATCP 55.12(2)(b) (b) The applicant’s business address.

ATCP 55.12(2)(c) (c) The applicant’s social security number if the applicant is an individual.

ATCP 55.12 Note Note: See s. 93.135 (1) (nm), Stats.

ATCP 55.12(2)(d) (d) Other relevant information required by the department.

ATCP 55.12(3) (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.

ATCP 55.12(4) (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.

ATCP 55.12 Note 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.

ATCP 55.12(5) (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.

ATCP 55.12(6) (6) Records.

ATCP 55.12(6)(a) (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:

ATCP 55.12(6)(a)1. 1. The name and address of the seller.

ATCP 55.12(6)(a)2. 2. The name and address of the buyer.

ATCP 55.12(6)(a)3. 3. The date and location of sale.

ATCP 55.12(6)(a)4. 4. The types and amounts of meat or poultry products sold.

ATCP 55.12(6)(a)5. 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.

ATCP 55.12(6)(b) (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.

ATCP 55.12 Note 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.

ATCP 55.12 History 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 ATCP 55.13 Prohibited practices. No person may do any of the following:

ATCP 55.13(1) (1) Process or sell, for human consumption, any adulterated or misbranded meat or poultry product.

ATCP 55.13(2) (2) Slaughter any food animal, for human consumption, under unsanitary conditions.

ATCP 55.13(3) (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.

ATCP 55.13(4) (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).

ATCP 55.13(5) (5) Make any false, deceptive, or misleading statement, when submitting a food animal for slaughter, related to any of the following:

ATCP 55.13(5)(a) (a) The ownership, identity, origin, or health status of the animal.

ATCP 55.13(5)(b) (b) The administration of any drug to the animal.

ATCP 55.13(5)(c) (c) The intended use of meat from the animal.

ATCP 55.13(6) (6) Obstruct a department employee performing his or her duties. Obstruction includes any of the following:

ATCP 55.13(6)(a) (a) Physical interference.

ATCP 55.13(6)(b) (b) Verbal or physical assault or abuse.

ATCP 55.13(6)(c) (c) Threatening behavior or communications.

ATCP 55.13(6)(d) (d) Refusal to carry out legitimate directives.

ATCP 55.13(6)(e) (e) Intentional acts that impede the full, effective, and efficient performance of the employee’s duties.

ATCP 55.13(6)(f) (f) Concealing records, ingredients, meat or poultry products, labels, packaging materials, or any other item that may be observed pursuant to s. 97.12 (1), Stats.

ATCP 55.13 Note Note: See s. 97.42 (8), Stats.

ATCP 55.13(7) (7) Wrongfully alter, deface, or remove any department tag or mark applied under this chapter.

ATCP 55.13(8) (8) Wrongfully alter, deface, or remove any label or inspection legend required under s. ATCP 55.10.

ATCP 55.13(9) (9) Custom slaughter a food animal, or custom process the meat of a slaughtered food animal, if the person knows or has reason to know all the following:

ATCP 55.13(9)(a) (a) That the slaughter was not inspected by the department or the United States department of agriculture.

ATCP 55.13(9)(b) (b) That the recipient of the custom slaughter or processing service will sell the meat of that animal for human consumption, in violation of s. ATCP 55.04 (1).

ATCP 55.13 History History: CR 01-042: cr. Register March 2002 No. 555, eff. 4-1-02; CR 17-072: am. (1), (3), (4), cr. (6) (f) Register July 2018 No. 751, eff. 8-1-18; correction in (6) (f) made under s. 35.17, Stats., Register July 2018 No. 751.

ATCP 55.14 ATCP 55.14 Enforcement.

ATCP 55.14(1) (1) Investigations. The department may conduct inspections and other investigations to determine compliance with this chapter and ch. 97, Stats. The department may exercise its authority under chs. 93 and 97, Stats., in support of its inspections and investigations.

ATCP 55.14 Note Note: Under chs. 93 and 97, Stats., the department may inspect meat slaughtering, processing, selling, and distributing facilities and practices, regardless of whether those practices occur at meat establishments licensed under s. ATCP 55.03. The department will provide ante mortem and post mortem slaughter inspection only for persons licensed under s. ATCP 55.03.

ATCP 55.14(2) (2) Holding order.

ATCP 55.14(2)(a) (a) The department may issue a holding order to prohibit the sale or movement of any meat or poultry product if the department has reasonable grounds to suspect that the meat or poultry product is adulterated or misbranded, or otherwise fails to meet the standards or requirements of this chapter or ch. 97, Stats. The department may issue a holding order pending further examination or analysis to determine whether the meat or poultry product is adulterated or misbranded, or otherwise fails to meet the standards or requirements of this chapter or ch. 97, Stats.

ATCP 55.14(2)(b) (b) The department shall serve a holding order by delivering a copy to the owner or custodian of the meat or poultry products, or by placing a copy in a conspicuous place on or near the meat or poultry products. A “WIS. RETAINED” tag applied under s. ATCP 55.06 (5) (f) has the effect of a holding order served under this subsection.

ATCP 55.14(2)(c) (c) A holding order remains in effect for 14 days unless the department withdraws it earlier. The department may extend a holding order for one additional 14-day period by re-serving the order or by leaving the “WIS. RETAINED” tag on the meat or poultry product.

ATCP 55.14(2)(d) (d) No person may sell, move, or alter any meat or poultry product under holding order, except with the department’s written permission. The department may authorize the owner or custodian to take appropriate corrective action.

ATCP 55.14(2)(e) (e) The department may release a holding order if the department finds that the suspect meat or poultry product is not adulterated or misbranded, or that the violation has been corrected.

ATCP 55.14(3) (3) Condemnation order.