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
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
A person holding a meat establishment license shall display that license in a prominent location at the licensed meat establishment.
Meat establishment number.
The department shall assign, to each licensed meat establishment, a meat establishment number that uniquely identifies that meat establishment.
Except as provided in par. (b)
, no person may slaughter or otherwise process any animals other than food animals at a meat establishment.
A meat establishment operator may custom process legally harvested wild game at a meat establishment if all the following apply:
The operator notifies the department that the operator plans to custom process wild game at that meat establishment. Notice shall specify the type of wild game to be processed. The department may restrict wild game processing that is incompatible with the slaughter or processing of food animals.
The operator accepts only clean and apparently unadulterated wild game carcasses for custom processing.
The operator, when custom processing wild game, complies with processing, labeling, and record keeping requirements applicable to the custom processing of food animals under s. ATCP 55.08
The operator custom processes wild game only at times when the operator is not engaged in slaughtering or processing food animals. The operator shall thoroughly clean and sanitize equipment and utensils used to process wild game before using the same equipment or utensils to slaughter food animals or otherwise process food animals or the meat of food animals.
The operator keeps wild game and wild game products separate from all other meat or poultry products in the meat establishment.
The operator clearly labels wild game products, so they cannot be confused with other meat or poultry products. Wild game products shall be clearly identified by species.
The operator handles, processes, and stores wild game and wild game products in a manner that prevents contamination of other meat or poultry products.
A person applying for a meat establishment license shall include, with the license application, a proposed schedule for slaughter and other processing. A meat establishment operator need not include a schedule with a license renewal application if there has been no change in the schedule last established for the meat establishment under this subsection.
A schedule under par. (a)
shall specify the days of each week, and the hours of each day, during which the applicant proposes to engage in each of the following activities at the meat establishment:
Process, by means other than slaughtering, meat or poultry products for sale.
Custom slaughter food animals, or otherwise custom process meat or poultry products.
The department may require a change in a schedule for slaughtering and other processing under this subsection if any of the following apply: