ATCP 55.03(2)(d)2.
2. The person slaughters, processes and sells the poultry at the farm where they are produced.
ATCP 55.03(2)(d)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 55.03(2)(e)
(e) 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:
ATCP 55.03(2)(e)2.
2. 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.
ATCP 55.03(2)(e)3.
3. 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
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.
ATCP 55.03(2)(e)4.
4. 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 to
695.
ATCP 55.03(2)(e)5.
5. 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.
ATCP 55.03(2)(e)6.
6. 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.
ATCP 55.03(3)
(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:
ATCP 55.03(3)(a)
(a) The applicant's correct legal name, and any trade name under which the applicant proposes to operate a meat establishment.
ATCP 55.03(3)(b)
(b) The applicant's social security number if the applicant is an individual.
ATCP 55.03(4)
(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.
ATCP 55.03(5)
(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).
ATCP 55.03(6)(a)(a) 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.
ATCP 55.03(6)(b)
(b) 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.
ATCP 55.03(6)(c)
(c) If the department denies a meat establishment license application, the department shall give the applicant written notice of the reasons for that denial.
ATCP 55.03(7)
(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
Note: The procedure for suspending or revoking a license, or for contesting a license denial, is set forth in ch.
ATCP 1.
ATCP 55.03(8)
(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), Stats.
ATCP 55.03 Note
Note: The procedure for imposing conditions on an existing license, or for contesting license conditions, is set forth in ch.
ATCP 1.
ATCP 55.03(9)
(9) License displayed. A person holding a meat establishment license shall display that license in a prominent location at the licensed meat establishment.
ATCP 55.03(10)
(10) Meat establishment number. The department shall assign, to each licensed meat establishment, a meat establishment number that uniquely identifies that meat establishment.
ATCP 55.03(11)(a)(a) Except as provided in
par. (b), no person may slaughter or process any animals other than food animals at a meat establishment.
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.
ATCP 55.04
ATCP 55.04
Slaughter 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(2)
(2) Slaughter inspection provided to licensed meat establishments. ATCP 55.04(2)(a)(a) The department shall provide ante mortem and post mortem slaughter inspection services to operators of meat establishments licensed under
s. ATCP 55.03. The department may not provide slaughter inspection services to other persons.
ATCP 55.04(2)(b)
(b) A meat establishment operator requesting slaughter inspection services shall submit the request to the department in writing, and shall specify a proposed slaughter 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.
