In this chapter:
"Ante mortem inspection" means a pre-slaughter inspection of a live food animal.
"Captive game animals" means bison, white-tail deer and other animals of a normally wild type that are produced in captivity for slaughter and consumption. "Captive game animals" does not include farm-raised deer, ratites, captive game birds, fish, or animals kept solely for hunting purposes at a hunting preserve.
"Captive game birds" means birds of a normally wild type, such as pheasants, quail, wild turkeys, migratory wildfowl and exotic birds, that are produced in captivity for slaughter and consumption. "Captive game birds" does not include poultry, ratites, or birds kept solely for hunting purposes in a hunting preserve.
"Carcass" means all edible parts of a slaughtered animal, including edible viscera.
"Cooperative interstate shipment program" means the program under which an establishment licensed and inspected under this chapter and complying with applicable requirements in 9 CFR 321
, or applicable requirements of 9 CFR 381
, Subparts R and Z, is allowed to distribute and sell in interstate commerce meat or poultry products manufactured bearing the mark of inspection authorized under s. ATCP 55.06 (5) (j)
"Custom processing" means processing meat as a custom service for an individual who owns that meat, and who uses all the resulting meat or meat food products for his or her own consumption. An individual's own consumption may include consumption by the individual's immediate family, immediate household and nonpaying guests. "Custom processing" includes mobile custom processing.
ATCP 55.02 Note
Note: A provider of custom processing services does not "sell" the slaughtered food animal or the resulting meat, but merely provides a service to the meat owner.
"Custom slaughter" means slaughtering a food animal as a custom service for an individual who owns that animal, and who uses all the resulting meat or meat food products for his or her own consumption. An individual's own consumption may include consumption by the individual's immediate family, immediate household and nonpaying guests. "Custom slaughter" includes mobile custom slaughter.
ATCP 55.02 Note
Note: A provider of custom slaughtering services does not "sell" the slaughtered food animal or the resulting meat, but merely provides a service to the animal owner.
"Department" means the state of Wisconsin department of agriculture, trade and consumer protection.
"Diseased animal" means an animal that has been diagnosed with a disease not known to be cured, or that has exhibited signs or symptoms of a disease not known to be cured. "Diseased animal" does not include an otherwise healthy animal that suffers only from injuries such as fractures, cuts or bruises.
"Domesticated food animal" means any of the following:
"Farm-raised deer" has the meaning given in s. 95.001 (1) (ag)
, Stats. "Farm-raised deer" does not include captive white-tail deer.
"Food animals" means domesticated food animals, ratites, captive game animals and captive game birds.
"Livestock" means domesticated food animals other than poultry.
"Meat" means the edible muscle and other edible parts of a food animal, including edible skeletal muscle, edible organs, and edible muscle found in the tongue, diaphragm, heart or esophagus. "Meat" includes edible fat, bone, skin, sinew, nerve or blood vessel that normally accompanies meat and is not ordinarily removed in processing.
"Meat broker" means a person who, without taking title to meat or meat food products, arranges the purchase or sale of meat or meat food products.
"Meat distributor" means a person who distributes meat or meat food products at wholesale.
"Meat establishment" means a plant or fixed premises used to slaughter food animals for human consumption, or to process meat or meat food products for human consumption.
"Meat food product" means any edible product derived in whole or in substantial and definite part from meat.
"Mobile custom processing" means custom processing meat for another person at that person's premises.
"Mobile custom slaughter" means custom slaughtering a food animal for another person at that person's premises.
"Person" means an individual, corporation, partnership, cooperative association, limited liability company, trust, or other organization or entity.
"Post mortem inspection" means the post-slaughter inspection of a slaughtered food animal's carcass.
"Poultry" means domesticated fowl commonly used for human food, including domesticated chickens, turkeys, geese, ducks, guinea fowl and squab. "Poultry" does not include captive game birds.
"Process" means to cut, grind, manufacture, compound, intermix or prepare meat or meat food products.
"Ratite" means a member of the group of flightless birds that includes the ostrich, emu, cassowary, kiwi and rhea.
"Sanitize" means to destroy pathogens and other microorganisms, to the maximum practicable extent, by applying an approved sanitizer or sanitizing method to food contact surfaces of equipment, utensils or food packages that are otherwise clean.
"Sell" means to transfer ownership for a price, or to advertise, offer, hold or distribute for sale.
"Wild game" means edible wild animals other than fish. "Wild game" does not include any of the following:
ATCP 55.02 History
History: CR 01-042
: cr. Register March 2002 No. 555
, eff. 4-1-02; correction in (11) made under s. 13.93 (2m) (b) 7., Stats., Register October 2004 No. 586
; CR 12-040
: cr. (4m), am. (24) Register May 2013 No. 689
, eff. 6-1-13.
Annual license required.
Except as provided in sub. (2)
, no person may operate a meat establishment without a current annual license from the department. A license expires on June 30 of each year. A person who operates more than one meat establishment shall hold a current annual license for each meat establishment. Each slaughter establishment license shall bear a livestock premises code issued under s. ATCP 17.02 (7)
. A license may not be transferred between persons or meat establishments.
(2) License exemptions.
The license requirement under sub. (1)
does not apply to any of the following:
Mobile custom slaughter or mobile custom processing operations.
The custom slaughter or custom processing of captive game animals or captive game birds.
ATCP 55.03 Note
Under s. 97.42 (3)
, Stats., the department provides ante mortem and post mortem inspection services only to licensed meat establishments. According to federal law and s. ATCP 55.04
, captive game animals and captive game birds must be slaughtered subject to ante mortem and post mortem inspection if they are slaughtered for sale for human consumption. This slaughter inspection requirement does not apply to the custom slaughter of captive game animals or captive game birds.
A person slaughtering and processing poultry produced on that person's farm, provided that all the following apply:
The person slaughters and processes no more than 1,000 poultry per year.
The person slaughters, processes and sells the poultry at the farm where they are produced.
The person clearly and conspicuously labels each package or container of poultry meat with the person's name and address and the words "NOT INSPECTED."
A retail establishment that processes meat or meat food products primarily for sale to individual consumers at the retail establishment, provided that all the following apply:
The retail establishment sells the processed meat and meat food products only to individual consumers at the retail establishment, or to restaurants or institutions for use in meals served at those restaurants or institutions.
The retail establishment's sales of its processed meat and meat food products to restaurants or institutions do not exceed $28,800 annually, or 25% by dollar volume of all meat sales from the retail establishment, whichever is less.
ATCP 55.03 Note
The scope of the federal exemption under 7 CFR 303.1
does not affect the scope of the state licensing exemption under this paragraph.
The retail establishment receives meat only from meat establishments licensed under this section or inspected by the United States department of agriculture under 21 USC 451
The operator of the retail establishment does not sell, to any person other than an individual consumer, any meat or meat food product that is cured, smoked, seasoned, canned or cooked at the retail establishment.
The operator of the retail establishment does not sell, to any person other than an individual consumer, any meat food product made by combining meat from different animal species at the retail establishment.
(3) License application.
A person shall apply for a meat establishment license on a form provided by the department. The application shall include all the following:
The applicant's correct legal name, and any trade name under which the applicant proposes to operate a meat establishment.
The applicant's social security number if the applicant is an individual.
(4) License fees.
A person shall pay a $200 annual license fee for each licensed meat establishment, except that the person shall pay an annual license fee of $80 if the person is solely engaged in custom slaughtering or custom processing operations at that meat establishment.
(5) Pre-license inspection.
Before the department issues a license for a new meat establishment, or issues a license to a new operator of an existing meat establishment, the department shall inspect that meat establishment. The department shall perform the inspection within 30 days after the operator applies for the license, unless the applicant agrees to a later inspection date.
ATCP 55.03 Note
Note: The department may inspect any meat establishment, regardless of whether an inspection is required under sub. (5).
Except as provided in par. (b)
, the department shall grant or deny an annual meat establishment license application within 30 days after the department receives a complete application.
If sub. (5)
requires a pre-license inspection, the department shall grant or deny the license application within 30 days after the department performs that inspection.
If the department denies a meat establishment license application, the department shall give the applicant written notice of the reasons for that denial.
(7) Denying, suspending or revoking a license.
The department may deny, suspend or revoke a meat establishment license for cause, as provided in ss. 93.06 (7)
, 97.42 (10)
and 97.42 (12)
, Stats. Cause may include a violation of this chapter.
ATCP 55.03 Note
The procedure for suspending or revoking a license, or for contesting a license denial, is set forth in ch. ATCP 1
(8) Conditional license.
The department may issue a meat establishment license subject to conditions, or may impose conditions on an existing license, as provided in s. 93.06 (8)
ATCP 55.03 Note
The procedure for imposing conditions on an existing license, or for contesting license conditions, is set forth in ch. ATCP 1
(9) License displayed.
A person holding a meat establishment license shall display that license in a prominent location at the licensed meat establishment.
(10) Meat establishment number.
The department shall assign, to each licensed meat establishment, a meat establishment number that uniquely identifies that meat establishment.