Chapter ATCP 55

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.

ATCP 55.14(3)(a) (a) If the department finds that a meat or poultry product is adulterated, misbranded, not inspected and approved according to this chapter or s. 97.42, Stats., or not processed according to this chapter or s. 97.42, Stats., the department may order the owner or custodian to do any of the following:

ATCP 55.14(3)(a)1. 1. Correct the violation within a reasonable time period in a manner specified by the department in writing.

ATCP 55.14(3)(a)2. 2. Dispose of the meat or poultry product, in a manner specified by the department in writing. The department may order disposal of a meat or poultry product if a violation cannot be corrected, or if the owner or custodian fails to correct the violation within the time specified under subd. 1.

ATCP 55.14(3)(b) (b) The department shall serve an order under par. (a) by delivering a copy to the owner or custodian of the meat or poultry products, or placing a copy in a conspicuous place on or near the meat or poultry products. An order takes effect when served. A “WIS. INSP’D and CONDEMNED” mark applied under s. ATCP 55.06 (5) (e) has the effect of a condemnation order served under this subsection.

ATCP 55.14(3)(c) (c) No person may sell, move, or alter any meat or poultry product covered by the department’s order except as directed by this chapter or by the department.

ATCP 55.14(4) (4) Order to correct violation. The department may order a person to correct a violation of this chapter or ch. 97, Stats. The department may specify a deadline for correcting the violation.

ATCP 55.14(5) (5) Rejected facilities, equipment or utensils. The department may issue an order prohibiting the use of unsanitary facilities, equipment, or utensils that may contaminate meat or poultry products. The department may issue an order under this subsection by applying a “REJECTED” tag to the facilities, equipment, or utensils. A person may not use the equipment or utensils until the violation is corrected and the department withdraws its order.

ATCP 55.14(6) (6) Inspection staff authorized to issue orders. An authorized department employee may issue orders under this section.

ATCP 55.14 Note Note: Under ss. 93.06 and 97.42, Stats., the department may deny, suspend or revoke a license or permit for violations of this chapter. The department may also pursue court enforcement under ss. 93.21, 97.72, and 97.73, Stats., and other applicable laws.

ATCP 55.14 History History: CR 01-042: cr. Register March 2002 No. 555, eff. 4-1-02; CR 06-028: am. (2) (a) and (3) (a) (intro.) Register November 2006 No. 611, eff. 12-1-06; CR 17-072: am. (2), (3), (5), (6) (title) Register July 2018 No. 751, eff. 8-1-18.

ATCP 55.15 ATCP 55.15 Appeals.

ATCP 55.15(1) (1) A person directly affected by any of the following department actions under this chapter may ask the department to reconsider that action:

ATCP 55.15(1)(a) (a) The denial of any application for a license or registration certificate.

ATCP 55.15(1)(b) (b) Ante mortem or post mortem inspection findings affecting the disposition of animals, carcasses, or meat or poultry products.

ATCP 55.15(1)(c) (c) Any order issued under s. ATCP 55.14.

ATCP 55.15(1)(d) (d) Decisions denying, limiting, or withdrawing slaughter inspection services.

ATCP 55.15(1)(e) (e) Slaughter inspection billings.

ATCP 55.15(2) (2) Whenever the department receives a request for reconsideration under sub. (1), the department shall schedule a prompt informal conference with the requester. If the matter concerns an ante mortem or post mortem inspection finding by an inspector who is not a veterinarian, the department may have a veterinarian review the inspector’s findings.

ATCP 55.15(3) (3) If a requester’s dispute is not resolved by informal action under sub. (2), a requester may request a contested case hearing under ch. 227, Stats., and ch. ATCP 1.

ATCP 55.15(4) (4) A request for reconsideration or hearing does not stay a department action under this chapter.

ATCP 55.15(5) (5) This section does not limit a person’s rights under ch. 227, Stats., or other applicable law.

ATCP 55.15 History History: CR 01-042: cr. Register March 2002 No. 555, eff. 4-1-02; CR 17-072: am. (1) (b) Register July 2018 No. 751, eff. 8-1-18.