ATCP 55.04 History
History: CR 01-042: cr.
Register March 2002 No. 555, eff. 4-1-02.
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.
ATCP 55.06(5)(i)
(i) The department shall order all of the marking devices that the department uses to apply inspection marks under this subsection. A meat establishment operator shall pay for the marking devices that the department uses at the operator's meat establishment. A meat establishment operator may not order or create any marking device used to apply department inspection marks under this subsection.
ATCP 55.06 History
History: CR 01-042: cr.
Register March 2002 No. 555, eff. 4-1-02; correction in (4) made under s.
13.92 (4) (b) 1., Stats.,
Register July 2011 No. 667.
ATCP 55.07
ATCP 55.07
Slaughter and processing standards; general. ATCP 55.07(1)(1)
Slaughter and processing standards; domesticated food animals. ATCP 55.07(1)(a)1.
1. Slaughters domesticated food animals, other than poultry, for human consumption.
ATCP 55.07(1)(a)2.
2. Processes the meat of domesticated food animals, other than poultry, for human consumption.
ATCP 55.07(1)(b)
(b) Paragraph (a) does not apply to mobile custom slaughter or mobile custom processing.
ATCP 55.07(2)
(2) Slaughter and processing standards; poultry and captive game birds. ATCP 55.07(2)(a)(a) A meat establishment operator who does any of the following shall comply with applicable requirements under
9 CFR 416,
417 and
441, and subparts G, H, I, J, K, L, O and P of
9 CFR 381:
ATCP 55.07(2)(a)2.
2. Processes the meat of poultry or captive game birds for human consumption.
ATCP 55.07(2)(b)
(b) Paragraph (a) does not apply to mobile custom slaughter or mobile custom processing.
ATCP 55.07(2)(c)
(c) Paragraph (a) does not apply to a person slaughtering and processing not more than 1,000 poultry per year, provided that all the following apply:
ATCP 55.07(2)(c)2.
2. The person slaughters, processes and sells the poultry at the farm where they are produced.
ATCP 55.07(2)(c)3.
3. The person clearly and conspicuously marks each package or container of poultry meat with the person's name and address and the words "NOT INSPECTED."
ATCP 55.07(3)(a)(a) A meat establishment operator who does any of the following shall comply with applicable requirements under
9 CFR 416 and
417, and subparts G, H, I, J, K, L, O and P of
9 CFR 381:
ATCP 55.07(3)(b)
(b) Paragraph (a) does not apply to mobile custom slaughter or mobile custom processing.
ATCP 55.07(4)
(4) Slaughter and processing standards; captive game animals. ATCP 55.07(4)(a)(a) A person slaughtering a captive game animal for human consumption shall do so in a humane and sanitary manner. If the department provides ante mortem and post mortem slaughter inspection, the person shall comply with procedures specified by the department. The procedures shall be consistent with procedures specified by the United States department of agriculture.
ATCP 55.07(5)
(5) Custom slaughter and processing; standards. Custom slaughter and custom processing operations shall comply with applicable requirements under this section and
ss. ATCP 55.08 and
55.09.
ATCP 55.07(6)
(6) Diseased or injured animals; general. No person may slaughter a food animal for human consumption, or submit a food animal for slaughter for human consumption, if the person knows or has reason to know that the animal is diseased or injured. This does not prohibit any of the following:
ATCP 55.07(6)(a)
(a) A slaughter that is subject to ante mortem and post mortem inspection by the department or the United States department of agriculture.
ATCP 55.07(6)(b)
(b) The custom slaughter of an animal injured within 24 hours prior to slaughter, provided the animal is not diseased.
ATCP 55.07(6)(c)
(c) The custom slaughter of an animal injured more than 24 hours prior to slaughter if all the following apply:
ATCP 55.07(6)(c)2.
2. A licensed practicing veterinarian performs an ante mortem and post mortem inspection on the slaughtered animal.
ATCP 55.07(7)
(7) Diseased or injured animals; owner certification. If a person submitting a food animal for slaughter for human consumption knows or has reason to know the animal is diseased or injured; that person shall, prior to the animal's slaughter, sign and deliver a written statement to the person who will perform the slaughter. The statement shall certify all the following:
ATCP 55.07(7)(a)
(a) The name and address of every person who has had custody of the animal within 30 days prior to the slaughter submission date.
ATCP 55.07(7)(e)
(e) The date on which the animal became incapable of standing or walking, if the animal is incapable of standing or walking.
ATCP 55.07(7)(f)
(f) All drugs administered to the animal as treatments or feed additives within 30 days prior to the slaughter submission date, and the last date each drug was administered.
ATCP 55.07 Note
Note: The certification requirement under sub. (7) applies to inspected slaughters as well as uninspected custom slaughters.
ATCP 55.07(8)
(8) Animals that cannot stand or walk. No person may slaughter a food animal for human consumption or submit a food animal for slaughter for human consumption if that animal cannot stand, rise from a recumbent position, or walk without assistance. This prohibition does not apply to any of the following:
ATCP 55.07(8)(a)
(a) Food animals, other than cattle, slaughtered at a meat establishment licensed under
s. ATCP 55.03 if all the following apply:
ATCP 55.07(8)(a)1.
1. The meat establishment has adequate facilities to handle the food animal in a humane manner, including facilities required under
sub. (11) (c).
ATCP 55.07(8)(a)2.
2. A department veterinarian performs an ante mortem and post mortem inspection on the food animal.
ATCP 55.07(8)(b)
(b) Food animals, other than cattle, slaughtered at a meat establishment inspected by the United States department of agriculture under
21 USC 451 to
695.
ATCP 55.07(8)(c)
(c) The mobile custom slaughter of food animals, other than cattle, that are injured within 24 hours prior to slaughter, provided the animals are not diseased.
ATCP 55.07(8)(d)
(d) The mobile custom slaughter of food animals, other than cattle, that are injured more than 24 hours prior to slaughter if all the following apply:
ATCP 55.07(8)(d)2.
2. A licensed practicing veterinarian performs ante mortem and post mortem inspections on the slaughtered food animals.
ATCP 55.07 Note
Note: See subs. (6) and (7). A mobile custom slaughter must comply with ss.
ATCP 55.08 and
55.09.
ATCP 55.07(8)(e)
(e) Cattle that qualify for exemption under
9 CFR 309.3 based on ante mortem and post mortem inspection by a veterinarian employed by the department or by the United States department of agriculture under
21 USC 451 to
695.
ATCP 55.07 Note
Note: With very limited exemptions,
9 CFR 309.3 prohibits the slaughter of non-ambulatory cattle for human consumption (the prohibition applies to custom-slaughtered animals, as well as animals slaughtered for sale). An animal does not qualify for exemption unless a state or federal veterinarian makes that determination, based on an ante mortem and post mortem examination of the animal.
ATCP 55.07(9)(a)(a) A meat establishment operator shall examine all carcasses and meat received for processing at that meat establishment. The operator shall examine the carcasses and meat before receiving them into any processing or storage area.
ATCP 55.07(9)(b)
(b) A meat establishment operator may not receive, into any processing or storage area, any unclean or apparently unwholesome carcass or meat. The operator shall handle, store and prepare carcasses and meat to prevent contamination of other carcasses, meat and food.
ATCP 55.07(9)(c)
(c) Except as provided in
par. (d) or
(e), a meat establishment operator may not process any carcass or meat produced by the custom slaughter of a diseased or injured animal.
ATCP 55.07(9)(d)
(d) A meat establishment operator may custom process the carcass or meat produced by the slaughter of a food animal injured within 24 hours prior to slaughter, provided the animal was not diseased.
ATCP 55.07(9)(e)
(e) A meat establishment operator may custom process the carcass or meat produced by the slaughter of a food animal injured more than 24 hours prior to slaughter if all the following apply:
ATCP 55.07(9)(e)2.
2. A licensed practicing veterinarian performed an ante mortem and post mortem inspection on the slaughtered animal, and certified in writing that the carcass was wholesome and free of disease.