“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-tailed deer.
“Food animals" means domesticated food animals, ratites, captive game animals, and captive game birds.
“Livestock" means domesticated food animals other than poultry. “Livestock” includes bison, alpacas, llamas, and rabbits.
“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 poultry products, purchases, sells, or arranges the purchase or sale of meat or poultry products.
Meat distributor" means a person who distributes meat or poultry products at wholesale.
Meat establishment" means a permanent or mobile plant or premises where meat or poultry products for human consumption are processed for entering commerce or where meat or poultry processing services are provided.
Meat or poultry product" means any parts, including the viscera, of slaughtered livestock, poultry, or ratites that are capable of use for human food.
“Mobile custom processing" means conducting slaughter or otherwise custom processing meat or poultry products 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 inspection of slaughtered food animal carcasses and parts thereof.
Poultry" means domesticated birds including domesticated chickens, turkeys, geese, ducks, and guineas. “Poultry" does not include captive game birds or ratites.
Process" means to slaughter an animal or bird, cut, grind, manufacture, compound, intermix, or otherwise prepare meat or poultry products.
“Ratite" means a member of the group of flightless birds that includes the ostrich, emu, cassowary, kiwi, and rhea.
“Retail” means selling food or food products directly to any consumer only for consumption by the consumer or the consumer's immediate family or non-paying guests.
“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.
“Specified risk materials” means tonsils and the distal ileum of the small intestine from cattle of any age. For cattle 30 months of age or older, “specified risk materials” also means each of the following:
ATCP 55.02 Note
Note: Trigeminal ganglia are the nerves attached to the brain.
Vertebral column, excluding the vertebrae of the tail, the transverse processes of the thoracic and lumbar vertebrae, and the wings of the sacrum.
ATCP 55.02 Note
Note: Dorsal root ganglia are the nerves attached to the spinal cord.
“Wholesale” means the transfer of any food to a person or commercial entity who will either re-sell it, distribute it, or use it as an ingredient in a product that will be then offered for sale or distribution. “Wholesale” also means the transfer of food from the point of production to another location for sale even if the other location is adjacent to the point of production.
“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
: emerg. cr. (4m), am. (24), eff. 9-13-12; CR 12-040
: cr. (4m), am. (24) Register May 2013 No. 689
, eff. 6-1-13; CR 14-024
: renum. (1) to (1m), cr. (1) Register May 2015 No. 713
, eff. 6-1-15; correction in (2) and (11) made under s. 35.17, Stats., Register May 2015 No. 713
; CR 17-072
: am. (1), cr. (1g), am. (1m), (2), (3), cr. (4g), am. (5), r. and recr. (6), am. (14), (16) to (19), cr. (19m), am. (20), r. (21), am. (23) to (25), cr. (26m), r. and recr. (29), (31) Register July 2018 No. 751
, eff. 8-1-18 except (14), eff. 1-1-19.
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. The license, for each licensed meat establishment conducting slaughter, shall bear a livestock premises code issued under s. ATCP 17.02 (7)
. A license may not be transferred between persons or meat establishments.
The license requirement under sub. (1)
does not apply to any of the following:
The 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 otherwise processing poultry produced on that person's premises, provided that all the following apply:
The person slaughters and otherwise processes no more than 1,000 poultry annually.
The person slaughters, otherwise processes, and sells the poultry at the premises where they are produced.
The person clearly and conspicuously labels each package or container of poultry meat with the processor's name and address and the words “NOT INSPECTED.”
A retail food establishment licensed under s. 97.30 (2)
, Stats., that processes meat or poultry products primarily for sale to individual consumers at the retail food establishment, provided that all the following apply:
The retail food establishment is not engaged in slaughter operations that are amenable to inspection.
The retail food establishment sells the processed meat or poultry products only to individual consumers at the retail food establishment, or to hotels, restaurants, or institutions for use in meals served at those hotels, restaurants, or institutions.
The retail food establishment's gross annual value of sales of its meat and poultry products to hotels, restaurants, or institutions does not exceed the adjusted dollar limits published by the United States department of agriculture in 9 CFR 303.1
(d) (2) (iii) (b) and 9 CFR 381.10
(d) (2) (iii) (b) or 25% by dollar volume of all meat sales from the retail establishment, whichever is less. No person exempt from licensure under this paragraph may sell any cured, smoked, canned, or cooked meat or poultry products produced by the person to hotels, restaurants, or institutions.
The retail food 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 food establishment does not sell, to any person other than an individual consumer, any meat or poultry product that is cured, smoked, canned, or cooked at the retail establishment.
The operator of the retail food establishment does not sell, to any person other than an individual consumer, any meat or poultry product made by combining meat from different animal species at the retail establishment.
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.
A person shall pay an annual license fee for each licensed meat establishment as follows:
A person shall pay an annual license fee of $80 if the person is solely engaged in custom processing operations.
A person shall pay an annual license fee for each of the following activities up to a maximum of $200:
$100 for processing cooked meat or poultry products or processing shelf-stable uncooked meat or poultry products.
$100 for the slaughter of livestock, other than rabbits, and captive game animals.
$50 for processing not shelf stable uncooked meat or poultry products.
$25 for the slaughter of more than 3,000 rabbits annually. A rabbit slaughter establishment shall be licensed except there shall be no license fee for the slaughter of 3,000 or fewer rabbits annually.
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.
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