Chapter ATCP 57

Chapter ATCP 57

INEDIBLE ANIMAL BY-PRODUCTS

ATCP 57.01   Definitions.

ATCP 57.10   Renderers.

ATCP 57.12   Animal food processors.

ATCP 57.14   Grease processors.

ATCP 57.16   Dead animal collectors.

ATCP 57.18   Truck transfer station.

ATCP 57.20   Transporting carcasses and carcass materials.

ATCP 57.22   Denaturing carcasses and carcass materials.

ATCP 57.24   Labeling processed products.

ATCP 57.26   Prohibitions.

Ch. ATCP 57 History History: Chapter Ag 48 as it existed on March 31, 1975 was repealed and a new ch. Ag 48 was created effective April 1, 1975; Chapter Ag 48 was renumbered ch. ATCP 57 under s. 13.93 (2m) (b) 1., Stats., Register, April, 1993, No. 448. Chapter ATCP 57 as it existed on November 30, 2008 was repealed and a new chapter ATCP 57 was created, Register November 2008 No. 635, effective December 1, 2008.

ATCP 57.01 ATCP 57.01 Definitions. In this chapter:

ATCP 57.01(1) (1) “Adulterated” means any animal remains from an animal that has been euthanized by the use of any drug injected intravenously or through another nonvascular route.

ATCP 57.01(2) (2) “Animal” means any member of the animal kingdom other than a human being.

ATCP 57.01(3) (3) “Animal food” means any article intended for use as food for dogs, cats, or other animals derived wholly, or in part, from the carcass or parts or products of the carcass of any livestock.

ATCP 57.01(4) (4) “Animal food processing” means slaughtering animals or collecting or receiving of dead animals that are unadulterated for processing into animal food or processing carcasses or carcass materials for use as animal feed, and includes packaging or labeling carcass materials or other finished product.

ATCP 57.01(5) (5) “Animal food processing plant” means a place at which animal food processing occurs.

ATCP 57.01(6) (6) “Animal food processor” means a person, other than a renderer, engaged in the business of animal food processing.

ATCP 57.01(7) (7) “Brown grease” means a mixture of oils, fats, solids and detergents from food industry wastes that is captured in grease traps.

ATCP 57.01(8) (8) “Carcass” means all or part of a dead animal, as defined in s. 95.72 (1) (c), Stats. “Carcass” does not include any of the following:

ATCP 57.01(8)(a) (a) Material that may be lawfully sold or distributed as food for human consumption.

ATCP 57.01 Note Note: The term “carcass” as used in this chapter does not include fish that are lawfully sold or distributed as food for human consumption, nor does it include state-inspected or federally-inspected meat or poultry products that are lawfully sold as food for human consumption.

ATCP 57.01(8)(b) (b) A fully rendered product.

ATCP 57.01(9) (9) “Carcass material” means blood, tankage, bone, offal, or other material derived from a carcass. “Carcass material” does not include a fully rendered product.

ATCP 57.01(10) (10) “Collector” means a person engaged in the business of collecting or receiving dead animals for sale or delivery to a renderer, animal food processor, grease processor, or operator of a fur farm and who does not otherwise process the dead animals.

ATCP 57.01(11) (11) 

ATCP 57.01(11)(a) (a) “Dead animal” means all of the following:

ATCP 57.01(11)(a)1. 1. Any dead animal or part of a dead animal other than an animal slaughtered as food for human consumption.

ATCP 57.01(11)(a)2. 2. An animal slaughtered as food for human consumption, but which becomes unsuitable as food for human consumption.

ATCP 57.01(11)(b) (b) “Dead animal” includes an animal slaughtered or processed as food for animals and all inedible parts and by-products of animals slaughtered or processed as food for human consumption.

ATCP 57.01(11)(c) (c) “Dead animal” does not include commercial feed as defined under s. 94.72 (1) (b), Stats., or fully rendered products of dead animals.

ATCP 57.01(12) (12) “Denature” means to alter the normal character or appearance of carcasses or carcass materials to make them incapable of being used as food for human consumption.

ATCP 57.01(13) (13) “Department” means the Wisconsin department of agriculture, trade and consumer protection.

ATCP 57.01(14) (14) “Disinfect” means to destroy pathogens and other disease-causing microorganisms, to the maximum practicable extent, by applying a federally registered chemical agent to a surface.

ATCP 57.01(15) (15) “Facilities” means premises, fixtures, and equipment used in the operation of a rendering plant, animal food processing plant, grease processing plant, or truck transfer station. “Facilities” includes carcass receiving and holding areas.

ATCP 57.01(16) (16) “Feed” means any substance which is intended for use as food for animals other than humans. Feed includes commercial feed and feed ingredients.

ATCP 57.01 Note Note: See also ch. ATCP 42.

ATCP 57.01(17) (17) “Food,” except as used in the term “animal food processor” or “animal food processing,” has the meaning given in s. 97.01 (6), Stats. “Food” includes oils or animal fats used to cook food if, during the cooking process, the oils or animal fats may come in contact with the food.

ATCP 57.01 Note Note:  “Food,” as defined in sub. (17), means food for human consumption. A license under this chapter does not authorize the license holder to produce any kind of food, including any cooking oils or fats that may come in contact with food.

ATCP 57.01(18) (18) “Fully rendered product” means a rendered product whose ingredients have been fully melted or reconstituted by the application of heat, according to generally accepted rendering practices that destroy microorganisms in the rendered product.

ATCP 57.01(19) (19) “Grease” means a fully rendered product consisting of animal fat or tallow, or animal fat or tallow combined with vegetable oil.

ATCP 57.01(20) (20) “Grease processing” means combining, melting, refining, reconstituting or recycling fully rendered products to produce grease or other products for non-food use.

ATCP 57.01(21) (21) “Grease processing plant” means a place at which grease processing occurs.

ATCP 57.01(22) (22) “Grease processor” means any person engaged in the business of collecting or receiving and melting or refining previously cooked materials containing dead animal fat or tallow or a combination of dead animal fat or tallow and vegetable oil to produce grease.

ATCP 57.01(23) (23) “Nuisance conditions” means conditions that pose a significant risk to human health or the environment, or cause obnoxious odors other than normal odors incidental to generally accepted processing practices. “Nuisance conditions” may include accumulated carcasses, carcass materials, or manure; drainage from carcasses, carcass materials or manure; accumulated litter; insect or rodent infestations; unclean facilities; or similar conditions.

ATCP 57.01(24) (24) “Rendered product” means grease, tallow, liquefied fat, blood meal, bone meal, meat meal, meat and bone meal, reconstituted tankage, dry poultry product meal, feather meal, or other product produced by rendering. “Rendered product” does not include food for human consumption.

ATCP 57.01(25) (25) “Renderer” means a person who engages in rendering.

ATCP 57.01(26) (26) “Rendering” means reducing, converting or melting down carcasses or carcass materials, with the use of heat, to produce rendered products for non-food use. “Rendering” includes the slaughter of animals by a renderer, or the processing of animal carcasses or carcass materials by a renderer, for use in rendering.

ATCP 57.01(27) (27) “Rendering plant” means a place at which rendering occurs.

ATCP 57.01(28) (28) “Truck transfer station” means a location at which carcasses or carcass materials are collected or transferred between vehicles for transportation to another location. “Truck transfer station” does not include a receiving or holding area that is part of a rendering plant or animal food processing plant.

ATCP 57.01(29) (29) “Yellow grease” means fats, oils, and grease recovered from food preparation that have not been in contact or contaminated with other sources such as water, wastewater, or solid waste.

ATCP 57.01 History History: CR 07-116: cr. Register November 2008 No. 635, eff. 12-1-08; CR 08-075: cr. (17) (g) Register April 2009 No. 640, eff. 5-1-09; CR 10-122: am. (30) Register July 2011 No. 667, eff. 8-1-11; correction in (2) (h), (17) (f), (27) (d) made under s. 13.92 (4) (b) 7., Stats., Register January 2017 No. 733; CR 23-003: r. and recr. Register February 2024 No. 818, eff. 3-1-24: correction in (11) made under ss. 13.92 (4) (b) 1. and 35.17, Stats., and correction in (8) (intro.), (9), (10), (15), (17), (23), (24), (26), (28) made under s. 35.17, Stats., Register February 2024 No. 818, eff. 3-1-24.

ATCP 57.10 ATCP 57.10 Renderers.

ATCP 57.10(1) (1) Annual license required.

ATCP 57.10(1)(a) (a) No person may do any of the following without an annual renderer license from the department:

ATCP 57.10(1)(a)1. 1. Operate a rendering plant in this state.

ATCP 57.10(1)(a)2. 2. Collect, receive or transport, in this state, carcasses or carcass materials for rendering by that person in this state.

ATCP 57.10(1)(a)3. 3. Slaughter animals in this state for rendering by that person in this state.

ATCP 57.10(1)(b) (b) A license under par. (a) expires on February 28 of each year and is not transferable. A license does not authorize the license holder to produce, sell, or distribute food for human consumption.

ATCP 57.10 Note Note: A renderer licensed under sub. (1) must also hold a commercial feed license under s. ATCP 42.02 if the renderer produces animal feed. A renderer license does not authorize a person to process food for human consumption. Food processing is subject to other license requirements. See ch. ATCP 55 (meat and meat food products), ch. ATCP 70 (food processing plants), and ch. ATCP 75 (retail food establishments).

ATCP 57.10(1m) (1m) License exemptions. Rendering does not include any of the following:

ATCP 57.10(1m)(a) (a) Grease processing pursuant to a license under s. ATCP 57.14.

ATCP 57.10(1m)(b) (b) The processing of hides.

ATCP 57.10(1m)(c) (c) The manufacture of glue, pharmaceuticals, or gelatin.

ATCP 57.10(1m)(d) (d) Animal food processing by a person who does not render the processed materials.

ATCP 57.10 Note Note: Persons who produce gelatin or other food for human consumption are subject to state licensing requirements under ch. ATCP 55 (meat and poultry products), ch. ATCP 70 (wholesale food manufacturing), and ch. ATCP 75 (retail food establishments). Animal food processors are subject to licensing under s. ATCP 57.12. Commercial feed manufacturers are subject to licensing under ch. ATCP 42. The United States food and drug administration regulates pharmaceutical manufacturers.

ATCP 57.10(2) (2) License application; fees. To obtain a license under sub. (1), a person shall apply on a form provided by the department. The application shall include all of the following:

ATCP 57.10(2)(a) (a) The applicant’s correct legal name, and any trade names under which the applicant engages in activities for which a license is required under sub. (1).

ATCP 57.10(2)(b) (b) Whether the applicant is an individual, corporation, partnership, limited liability company or other business entity.

ATCP 57.10(2)(c) (c) The applicant’s primary business address.

ATCP 57.10(2)(d) (d) The address of each rendering plant and truck transfer station that the applicant operates or proposes to operate in this state.

ATCP 57.10(2)(e) (e) The livestock premises registration number assigned under ch. ATCP 17 to each location identified under par. (d). If the applicant has not yet registered a location under ch. ATCP 17, the applicant may register that location as part of the license application under this subsection.

ATCP 57.10(2)(f) (f) The applicant’s social security number if the applicant is an individual.