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Register March 2014 No. 699
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   Carcass dealers.
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 ATCP 57 History History: Chapter Ag 48 as it existed on March 31, 1975 was repealed and a new ch.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 Chapter ATCP 57 as it existed on November 30, 2008 was repealed and a new chapter ATCP 57 was created, Register November 2008 No. 635, effective December 1, 2008.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) "Animal" means any member of the animal kingdom other than a human being.
ATCP 57.01(2) (2) "Animal food processing" means slaughtering animals or processing carcasses or carcass materials for use as animal feed, and includes packaging or labeling carcass materials. "Animal food processing" does not include any of the following:
ATCP 57.01(2)(a) (a) The collection or transportation of whole animal carcasses by a dead animal collector licensed under s. ATCP 57.16, provided that the dead animal collector does not process the carcasses or remove hides or feathers.
ATCP 57.01(2)(b) (b) A fur farm operator's processing of carcasses or carcass materials solely for feeding to fur bearing animals produced on that fur farm.
ATCP 57.01 Note Note: Fur farmers must register with the department under s. 97.44 (2), Stats.
ATCP 57.01(2)(c) (c) Rendering operations conducted pursuant to a license under s. ATCP 57.10.
ATCP 57.01(2)(d) (d) Grease processing pursuant to a license under s. ATCP 57.14.
ATCP 57.01(2)(e) (e) Meat processing pursuant to a license under s. ATCP 55.03.
ATCP 57.01(2)(f) (f) Mobile custom processing of meat pursuant to a registration under s. ATCP 55.09 (2).
ATCP 57.01(2)(g) (g) Food processing pursuant to a license under s. ATCP 70.03.
ATCP 57.01(2)(h) (h) Retail food processing pursuant to a license under s. ATCP 75.02 or a permit under s. 254.64, Stats.
ATCP 57.01(2)(i) (i) The processing of hides.
ATCP 57.01(2)(j) (j) The manufacture of glue, pharmaceuticals, or gelatin.
ATCP 57.01(2)(k) (k) The processing of fully rendered products for use as animal feed, pursuant to a commercial feed license under ch. ATCP 42.
ATCP 57.01 Note Note: Persons who produce gelatin or other products for human food are subject to state licensing requirements under ch. ATCP 55 (meat and meat food products), ch. ATCP 70 (food processing plants), and ch. ATCP 75 (retail food establishments). The United States food and drug administration regulates pharmaceutical manufacturers.
ATCP 57.01 NotePersons who produce commercial feed must be licensed under ch. ATCP 42, except an animal food processor licensed under s. ATCP 57.12 does not need a commercial feed license if the animal food processor is engaged only in "minimal processing" of carcasses and carcass materials (see s. ATCP 42.02 (2) (e)).
ATCP 57.01 NoteIf an animal food processor licensed under s. ATCP 57.12 does more than "minimal processing," the animal food processor also needs a commercial feed license under ch. ATCP 42. A feed manufacturer licensed under ch. ATCP 42 does not need an animal food processor license under s. ATCP 57.12 if the feed manufacturer processes only fully rendered animal products.
ATCP 57.01(3) (3) "Animal food processing plant" means a place at which animal food processing occurs.
ATCP 57.01(4) (4) "Animal food processor" means a person who engages in animal food processing.
ATCP 57.01(5) (5) "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(5)(a) (a) Material that may be lawfully sold or distributed as food for human consumption.
ATCP 57.01 Note Note: For example, the term "carcass" as used in this chapter does not include fish that are lawfully sold or distributed as food, nor does it include state-inspected or federally inspected meat or poultry products that are lawfully sold as food.
ATCP 57.01(5)(b) (b) A fully-rendered product.
ATCP 57.01(6) (6) "Carcass dealer" means a person who is engaged in the sale or distribution of carcasses or carcass materials, or in brokering the sale of carcasses or carcass materials. "Carcass dealer" does not include any of the following:
ATCP 57.01(6)(a) (a) A renderer, animal food processor, or dead animal collector.
ATCP 57.01(6)(b) (b) A meat establishment operator, meat broker, meat distributor, or other person engaged in the sale or distribution of state-inspected or federally inspected meat or meat products.
ATCP 57.01(7) (7) "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(8) (8) "Dead animal collector" means a person who collects and transports whole carcasses, with hide or feathers intact, for delivery to a renderer, animal food processor or fur farm operator. "Dead animal collector" does not include any of the following:
ATCP 57.01(8)(a) (a) A person who is solely engaged in collecting or transporting hides or feathers.
ATCP 57.01(8)(b) (b) A renderer licensed under s. ATCP 57.10.
ATCP 57.01(8)(c) (c) An animal food processor licensed under s. ATCP 57.12.
ATCP 57.01(8)(d) (d) A fur farm operator who collects and transports carcasses solely for feeding to fur bearing animals at that person's fur farm.
ATCP 57.01(9) (9) "Denature" means to alter the normal character or appearance of carcasses or carcass materials to make them incapable of being used as human food.
ATCP 57.01(10) (10) "Department" means the Wisconsin department of agriculture, trade and consumer protection.
ATCP 57.01(11) (11) "Facilities" means premises, fixtures, and equipment used in the operation of a rendering plant, animal food processing plant, grease processing plant, or transfer station. "Facilities" includes carcass receiving and holding areas.
ATCP 57.01(12) (12) "Feed" means a substance consumed or intended for consumption by animals. "Feed" includes feed ingredients. "Feed" does not include animal pharmaceuticals unless those pharmaceuticals are incorporated in feed.
ATCP 57.01 Note Note: See also ch. ATCP 42.
ATCP 57.01(13) (13) "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. (13), 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(14) (14) "Food animals" means domesticated animals of a type commonly raised for human consumption, and includes ratites, captive game animals, and captive game birds.
ATCP 57.01(15) (15) "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(16) (16) "Grease" means a fully rendered product consisting of animal fat or tallow, or animal fat or tallow combined with vegetable oil. "Grease" does not include any oil or fat used as food, nor does it include any oil or fat used to cook food if the oil or fat may come in contact with the food.
ATCP 57.01(17) (17) "Grease processing" means combining, melting, refining, reconstituting or recycling fully rendered products to produce grease or other products for non-food use. "Grease processing" does not include any of the following:
ATCP 57.01(17)(a) (a) Rendering pursuant to a license under s. ATCP 57.10.
ATCP 57.01(17)(b) (b) Animal food processing pursuant to a license under s. ATCP 57.12.
ATCP 57.01(17)(c) (c) Meat processing pursuant to a license under s. ATCP 55.03.
ATCP 57.01(17)(d) (d) Mobile custom processing of meat pursuant to a registration under s. ATCP 55.09 (2).
ATCP 57.01(17)(e) (e) Food processing pursuant to a license under s. ATCP 70.03.
ATCP 57.01(17)(f) (f) Retail food processing pursuant to a license under s. ATCP 75.02 or a permit under s. 254.64, Stats.
ATCP 57.01(17)(g) (g) An operator that is solely engaged in the production of biodiesel or other biofuels and does not produce either grease or other products for human or animal consumption.
ATCP 57.01(18) (18) "Grease processing plant" means a place at which grease processing occurs.
ATCP 57.01(19) (19) "Grease processor" means a person engaged in grease processing.
ATCP 57.01(20) (20) "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.
ATCP 57.01(21) (21) "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.
ATCP 57.01(22) (22) "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.
ATCP 57.01(23) (23) "Meat food product" means an edible product derived in whole or in substantial and definite part from meat.
ATCP 57.01(24) (24) "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(25) (25) "Person" means an individual, corporation, partnership, cooperative, limited liability company, trust, or other legal entity.
ATCP 57.01(26) (26) "Rendered product" means grease, tallow, liquified 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(27) (27) "Rendering" means melting or reconstituting 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. "Rendering" does not include any of the following:
ATCP 57.01(27)(a) (a) Meat processing pursuant to a license under s. ATCP 55.03.
ATCP 57.01(27)(b) (b) Mobile custom processing of meat pursuant to a registration under s. ATCP 55.09 (2).
ATCP 57.01(27)(c) (c) Food processing pursuant to a license under s. ATCP 70.03.
ATCP 57.01(27)(d) (d) Retail food processing pursuant to a license under s. ATCP 75.02 or a permit under s. 254.64, Stats.
ATCP 57.01(27)(e) (e) Grease processing pursuant to a license under s. ATCP 57.14.
ATCP 57.01(27)(f) (f) The processing of hides.
ATCP 57.01(27)(g) (g) The manufacture of glue, pharmaceuticals, or gelatin.
ATCP 57.01(27)(h) (h) Animal food processing by a person who does not render the processed materials.
ATCP 57.01 Note Note: Persons who produce gelatin or other products for human food are subject to state licensing requirements under ch. ATCP 55 (meat and meat food products), ch. ATCP 70 (food processing plants), 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 57.01(28) (28) "Renderer" means a person who engages in rendering.
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