ATCP 55.03(11)(b)
(b) A meat establishment operator may custom process legally harvested wild game at a meat establishment if all the following apply:
ATCP 55.03(11)(b)1.
1. 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.
ATCP 55.03(11)(b)2.
2. The operator accepts only clean and apparently wholesome wild game carcasses for custom processing.
ATCP 55.03(11)(b)3.
3. 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.
ATCP 55.03(11)(b)4.
4. 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 or process food animals or the meat of food animals.
ATCP 55.03(11)(b)5.
5. The operator keeps wild game and wild game products separate from all other meat and meat food products in the meat establishment.
ATCP 55.03(11)(b)6.
6. The operator clearly labels wild game products, so they cannot be confused with other meat or meat food products. Wild game products shall be clearly identified by species.
ATCP 55.03(11)(b)7.
7. The operator handles, processes and stores wild game and wild game products in a manner that prevents contamination of other meat and meat food products.
ATCP 55.03(12)(a)(a) A person applying for a meat establishment license shall include, with the license application, a proposed slaughter and processing schedule. 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.
ATCP 55.03(12)(b)
(b) 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:
ATCP 55.03(12)(b)3.
3. Custom slaughter food animals, or custom process meat or meat food products.
ATCP 55.03(12)(c)
(c) The department may require a change in a slaughtering and processing schedule under this subsection if any of the following apply:
ATCP 55.03(12)(c)1.
1. A change is needed in order to make slaughter inspection services available, or to make efficient use of the department's slaughter inspection staff.
ATCP 55.03(12)(c)2.
2. The operator proposes to process wild game during times also scheduled for the slaughter or processing of food animals.
ATCP 55.03 Note
Note: Sub. (11) (b) 4. prohibits simultaneous processing of wild game and food animals.
ATCP 55.03(12)(c)3.
3. The operator proposes to engage in custom slaughter or processing operations during times also scheduled for the slaughter of food animals for sale, or the processing of meat for sale.
ATCP 55.03 Note
Note: A meat establishment operator may not engage in custom slaughter or custom processing operations while the operator is simultaneously slaughtering food animals for sale, or simultaneously processing the meat of food animals for sale. There are exceptions for inspected custom operations, and for simultaneous operations that are physically separated to prevent cross-contamination and commingling. The department may disapprove a simultaneous schedule if these exceptions do not apply. See s.
ATCP 55.08 (3).
ATCP 55.03(12)(d)
(d) A meat establishment operator may not deviate from a schedule established under this subsection, without prior department approval.
ATCP 55.03 History
History: CR 01-042: cr.
Register March 2002 No. 555, eff. 4-1-02;
CR 04-103: am. (1) and cr. (3) (dm)
Register September 2005 No. 597, eff. 10-1-05;
CR 12-040: cr. (2) (f)
Register May 2013 No. 689, eff. 6-1-13.
ATCP 55.04
ATCP 55.04
Slaughter and processing inspection; general. ATCP 55.04(1)(a)(a) Except as provided in
par. (b) or
(c), no person may sell any meat from any food animal for human consumption unless the department or the United States department of agriculture has conducted a slaughter inspection of that food animal. The slaughter inspection shall include an ante mortem inspection of the live food animal, and a post mortem inspection of the food animal carcass.
ATCP 55.04 Note
Note: Slaughter inspection is not required for custom slaughtered animals, because there is no sale of meat. Federal law prohibits the interstate sale of meat from animals slaughtered under state (rather than federal) inspection. But this federal prohibition does not apply to meat from farm-raised deer, captive game animals or captive game birds.
ATCP 55.04(1)(b)
(b) Paragraph (a) does not apply to a person selling meat from a captive game animal or captive game bird if neither the department nor the United States department of agriculture has established ante mortem or post mortem inspection procedures for that type of captive game animal or captive game bird.
ATCP 55.04 Note
Note: The exemption under par. (b) is very limited, because the department and USDA have established inspection standards for most captive game animals and game birds.
ATCP 55.04(1)(c)
(c) Paragraph (a) does not apply to a person selling meat from not more than 1,000 poultry per year, provided that all the following apply:
ATCP 55.04(1)(c)2.
2. The person slaughters, processes and sells the poultry at the farm where they are produced, or has them slaughtered and processed at a licensed meat establishment.
ATCP 55.04(1)(c)3.
3. 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."
ATCP 55.04(1m)(a)(a) No person operating a licensed meat establishment may sell any meat food product unless that meat food product is labeled as provided in
s. ATCP 55.10 (3).
ATCP 55.04(1m)(b)
(b) Paragraph (a) does not apply to meat food products processed at a retail establishment and sold only to individual consumers at that establishment.
ATCP 55.04(2)
(2) Slaughter and processing inspection provided to licensed meat establishments. ATCP 55.04(2)(a)(a) The department shall provide ante mortem and post mortem slaughter inspection services and processing inspection services to operators of meat establishments licensed under
s. ATCP 55.03. The department may not provide slaughter or processing inspection services to other persons.
ATCP 55.04(2)(b)
(b) A meat establishment operator requesting slaughter or processing inspection services shall submit the request to the department in writing, and shall specify a proposed slaughter or processing schedule according to
s. ATCP 55.03 (12) (b). The department may require a different schedule, as provided in
s. ATCP 55.03 (12) (c). The meat establishment operator may not deviate from the specified schedule without prior department approval, as provided in
s. ATCP 55.03 (12) (d).
ATCP 55.04(3)(a)(a) The department may not perform a slaughter inspection at any place other than a meat establishment licensed under
s. ATCP 55.03, except that the department may agree to perform field ante mortem inspections on any of the following:
ATCP 55.04(3)(a)1.
1. Apparently healthy farm-raised deer or captive game animals that cannot be safely or humanely transported to a licensed meat establishment for ante mortem inspection.
ATCP 55.04(3)(a)2.
2. Apparently healthy domesticated food animals, if special circumstances prevent the transportation of those animals to a licensed meat establishment for ante mortem inspection.
ATCP 55.04(3)(b)
(b) The department may not perform field ante mortem inspections under
par. (a) on diseased animals, or on animals that cannot stand or walk.
ATCP 55.04(3)(c)
(c) If an animal passes a field ante mortem inspection under
par. (a), the operator of a meat establishment licensed under
s. ATCP 55.03 may stun and bleed the animal in the field. The operator shall bleed the animal immediately after stunning, and shall immediately transport the carcass to the meat establishment for skinning, post mortem inspection and processing. The operator shall transport the carcass in compliance with
s. ATCP 55.11. The inspector shall identify the carcass and monitor the carcass shipment, as necessary, to ensure compliance with this paragraph.
ATCP 55.04(4)
(4) Slaughter inspection charges; when required. The department shall provide slaughter inspection services under
subs. (2) and
(3) without charge, except that the department shall charge a meat establishment operator for slaughter inspection services if any of the following apply:
ATCP 55.04(4)(a)
(a) The inspection pertains to a captive game animal or captive game bird.
ATCP 55.04(4)(b)
(b) The department performs the inspection on any of the following days, or at any of the following times:
ATCP 55.04(4)(b)5.
5. The holidays of New Year's Eve, New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Eve or Christmas Day. If any of these holidays falls on Sunday, the following Monday is considered the holiday.
ATCP 55.04(5)(a)(a) If
sub. (4) requires a meat establishment operator to pay for slaughter inspection services, the department shall bill and the operator shall pay uniform hourly charges for those services. The department shall establish uniform hourly charges based on the department's statewide average cost to provide inspection services. The department may establish higher hourly charges for inspections that must be provided by veterinarians.
ATCP 55.04 Note
Note: A veterinarian must inspect animals that cannot stand or walk, and animals found to be suspect on ante mortem examination. See ss.
ATCP 55.07 (8) and
55.05 (2).
ATCP 55.04(5)(b)
(b) The department shall notify a meat establishment operator of the applicable hourly charge before providing an inspection service requiring a charge under
sub. (4). The department shall give at least 30 days prior written notice before increasing hourly charges under an ongoing inspection agreement.
ATCP 55.04(6)
(6) Slaughter and processing inspection procedures. Slaughter and processing inspection procedures shall comply with this chapter, including
ss. ATCP 55.05 to
55.07 and applicable federal requirements as specified in
9 CFR 305,
309,
310,
316,
318,
321,
329,
332,
416,
417, and
500, and
9 CFR 381, Subparts E, J, K,M, O, R, U, Y, and Z.
ATCP 55.04(7)
(7) Inspector absence. A meat establishment operator shall immediately notify the department if a department inspector fails to appear for a scheduled ante mortem or post mortem inspection required under
sub. (1). The department shall provide an inspector as soon as possible, so that slaughter may proceed in a timely manner.
ATCP 55.04(8)
(8) Withdrawing slaughter inspection. The department may withdraw slaughter inspection for cause, including violations of this chapter. No person may conduct slaughter operations for which department inspection is required under this chapter while those services are withdrawn.
ATCP 55.04 History
History: CR 01-042: cr.
Register March 2002 No. 555, eff. 4-1-02;
CR 12-040: am. (title), cr. (1m), am. (2) (title), (a), (b), (6)
Register May 2013 No. 689, eff. 6-1-13.
ATCP 55.05(2)
(2) Suspect animals. If a department inspector performing an ante mortem inspection suspects that a food animal is affected by a disease or condition that may cause all or part of the animal's carcass to be condemned after post mortem inspection, the inspector shall cause the animal to be held for ante mortem inspection by a department veterinarian. The animal shall be segregated from other food animals, and shall be placed in a holding area marked with a "WIS. SUSPECT" tag or placard until a department veterinarian performs an ante mortem inspection.
ATCP 55.05(3)
(3) Animals that cannot stand or walk. If the department performs an ante mortem inspection on an animal that cannot stand or walk, a department veterinarian shall perform the inspection. The department veterinarian may order the animal held for up to 24 hours for further observation. If the animal has been treated with drugs for which the prescribed withdrawal time has not elapsed, the department veterinarian shall condemn the animal or order the animal held until the withdrawal time elapses.
ATCP 55.05(4)
(4) Condemned animals. Except as provided in
sub. (5), if a department veterinarian performing an ante mortem inspection finds that a food animal is affected by a disease or condition that would cause the animal's carcass to be condemned in its entirety after post mortem inspection, the veterinarian shall condemn the animal. The condemned animal shall be segregated from other live food animals. The veterinarian shall supervise the humane slaughter and disposal of the animal.
ATCP 55.05(5)
(5) Treatable animals. If a department veterinarian performing an ante mortem inspection finds that a food animal is affected by a treatable disease or condition, the veterinarian may order the animal withheld from slaughter pending specified treatment. A food animal held for treatment may not be slaughtered for human consumption until a department veterinarian performs another ante mortem inspection after the animal is treated. A diseased animal may not be held for treatment in a manner that threatens the health of other animals.
ATCP 55.05(6)
(6) Field ante mortem inspection. An inspector or veterinarian conducting a field ante mortem inspection under
s. ATCP 55.04 (3) shall observe the live animal in the field, in motion and at rest. The inspector or veterinarian may specify other procedures, as necessary, to ensure a safe and effective field ante mortem examination.
ATCP 55.05 History
History: CR 01-042: cr.
Register March 2002 No. 555, eff. 4-1-02.
ATCP 55.06(2)
(2) Domesticated food animals. Post mortem inspections of domesticated food animals, other than poultry, shall comply with
9 CFR 310. Post mortem procedures for farm-raised deer shall be the same as for sheep.
ATCP 55.06(3)
(3) Poultry and captive game birds. Post mortem inspections of poultry and captive game birds shall comply with
9 CFR 381.
ATCP 55.06(4)
(4) Captive game animals. The department may specify post mortem inspection procedures for captive game animals. Post mortem inspections of captive game animals shall comply with
9 CFR 310, as applicable. Post mortem inspection procedures for bison shall be the same as for cattle.
ATCP 55.06(5)(a)(a) The department shall apply official inspection marks to each carcass that the department finds, after post mortem inspection, to be wholesome and fit for human food. The department shall mark each primal part of the carcass, each detached organ and each detached part that the department finds to be wholesome and fit for use as human food.
ATCP 55.06(5)(b)
(b) Except as provided in
par. (c), an official inspection mark under
par. (a) shall consist of an outline map of Wisconsin enclosing the words "WIS. INSPECTED & PASSED," the department inspector number and the meat establishment license number assigned under
s. ATCP 55.03 (10). If space is limited, the phrase "WIS. INSPECTED AND PASSED" may be abbreviated by the phrase "WIS. INSP'D & P'S'D."
ATCP 55.06 Note
Note: The following is an illustration of the official inspection mark under par. (b):
ATCP 55.06(5)(c)
(c) For farm-raised deer, captive game animals and captive game birds, an official inspection mark under
par. (a) shall consist of a triangle enclosing the words "WIS. INSPECTED & PASSED" and the meat establishment license number assigned under
s. ATCP 55.03 (10). If space is limited, the phrase "WIS. INSPECTED AND PASSED" may be abbreviated by the phrase "WIS. INSP'D & P'S'D."
ATCP 55.06 Note
Note: The following is an illustration of the official inspection mark under par. (c):
ATCP 55.06(5)(d)
(d) If the department finds upon post mortem inspection that any part of a carcass is fit for human food only after cooking, the department shall mark that part "PASSED FOR COOKING." The department shall use applicable standards in
9 CFR 315.2 to determine if any part of a carcass is fit for human consumption only after cooking. No person may process or sell any of the affected meat for human consumption without cooking, as required by the department.
ATCP 55.06(5)(e)
(e) If the department finds upon post mortem inspection that any part of a carcass is unwholesome or unfit for human food, the department shall mark that part "WIS. INSPECTED AND CONDEMNED." If space is limited, the phrase may be abbreviated "WIS. INSP'D AND CONDEMNED."
ATCP 55.06(5)(f)
(f) If the department finds that further inspection is needed to determine whether any part of a carcass is wholesome and fit for human food, the department may tag that part "WIS. RETAINED." The tagged part is deemed to be covered by a department holding order under
s. ATCP 55.14 (2). The department may specify retention conditions, including refrigeration requirements. No person may process or sell any of the affected meat for human consumption unless the department completes its inspection and passes the meat.
ATCP 55.06(5)(g)
(g) The department may stamp carcass parts with the appropriate marks under
pars. (a) to
(e). If an organ or other carcass part is not susceptible to stamping, the department may apply the mark by other means such as tagging.
ATCP 55.06(5)(h)
(h) An authorized department inspector may apply inspection marks under this subsection on behalf of the department. No non-department personnel may apply inspection marks, except under the direct personal supervision of an authorized department inspector. When a department inspector is not using or personally supervising the use of a marking device at a licensed meat establishment, the inspector shall keep the device in a secure locked compartment or in the inspector's possession. A marking device kept in a locked compartment shall be accessible only by the inspector and other authorized department personnel.
