Removing Carcasses from Transfer Stations
A person who operates a transfer station must remove carcasses and carcass materials from that transfer station within 24 hours after they are received, and sooner if necessary to prevent nuisance conditions. Carcasses and carcass materials received on a Saturday, or on a Sunday followed by a legal holiday, must be removed within 48 hours and sooner if necessary to prevent nuisance conditions.
Denaturing Carcasses and Carcass Materials
Under this rule, no renderer or animal food processor may transport, freeze, or receive for processing any carcasses or carcass materials other than the following:
• Complete carcasses with hide or feathers intact.
• Carcasses or carcass materials that are denatured according to this rule.
• Fully rendered products.
• Carcasses or carcass materials that are naturally incapable of being consumed by humans.
• Lungs and lung lobes originating from a licensed meat establishment.
To denature carcasses or carcass materials, a person must apply an approved denaturing agent according to this rule, so that the denatured carcass or carcass material has a distinctive color, texture, odor or taste and cannot be confused with human food. This rule identifies approved denaturing agents (the department may approve additional denaturing agents).
Labeling Processed Products
Under this rule, no person may sell or distribute any rendered product, animal feed or grease unless that product is clearly and conspicuously labeled with all of the following:
• The name and address of the renderer, animal food processor or grease processor.
• A clear identification of the product.
• The net quantity of product included in any package or bulk shipment.
• The clear and conspicuous statement “
INEDIBLE (SPECIES) NOT INTENDED FOR HUMAN FOOD" if the product is capable of being consumed by humans.
• The clear and conspicuous statement
“
DO NOT FEED TO CATTLE OR OTHER RUMINANTS" if required by current FDA rules under
21 CFR 589.2000.
Prohibitions
Under this rule, no person may do any of the following:
• Process, sell or distribute any carcass or carcass material as feed for food animals unless the material has been fully rendered.
• Do any of the following contrary to current FDA rules under
21 CFR 589.200 (some exemptions apply under current FDA rules):
Feed protein derived from animal tissues to cattle or other ruminant animals.
• Manufacture, label, sell or distribute, as feed for ruminant animals, any protein derived from mammalian tissues.
• Produce, sell or distribute food for human consumption pursuant to a renderer license, animal food processor license or grease processor license.
• Process food in the same facilities used for a rendering plant, animal food processing plant or grease processing plant.
Meat and Poultry for Human Consumption
DATCP administers Wisconsin's meat inspection program (includes poultry). DATCP licenses and inspects approximately 360 meat slaughter and processing establishments, and regulates the sale and distribution of meat. Wisconsin's program must be at least “equal to" the federal program administered by USDA. This rule modifies current DATCP meat inspection rules to incorporate recent federal regulatory changes.
Downer Animals
This rule prohibits, without exception, the slaughter of “downer" animals for human consumption (DATCP is already enforcing this federal prohibition).
Listeria Control Plans
Under federal regulations, meat establishments producing “ready-to-eat" meat products (such as bologna and frankfurters) must have written operating plans to minimize potential consumer health risks from Listeria monocytogenes. DATCP has already implemented this federal requirement in state-inspected meat establishments. This rule incorporates the federal regulations by reference.
Water Retained in Meat Products
Federal regulations prohibit retained water from post-evisceration processing in raw meat and poultry, except to the extent that the retained water is an unavoidable consequence of processing to meet food safety requirements. The product label must disclose the presence of any water in excess of naturally occurring water. This rule incorporates the federal regulations by reference.
Meat Brokers and Distributors; Records
Under current DATCP rules, meat brokers and meat distributors must register annually with DATCP unless they are licensed as meat establishments. Under this rule, meat brokers and meat distributors must keep all of the following records related to meat transactions in which they are involved as buyers, sellers or brokers:
• The name and address of the seller.
• The name and address of the buyer.
• The date and location of sale.
• The types of products sold.
• The amount of product of each type sold.
• The disposition of any meat products received by the meat broker or meat distributor.
Comparison with federal regulations
DATCP currently enforces federal commercial feed regulations under contract with FDA. Federal regulations include prohibitions designed to prevent BSE (“mad cow disease"). This rule is consistent with current federal regulations and does not change current federal regulations.
Federal law requires federal or state inspection of all meat establishments. State meat inspection must be at least “equal to" federal inspection. USDA administers the federal meat inspection program, and DATCP administers Wisconsin's state inspection program. This rule revises state meat inspection rules to keep them at least “equal to" federal regulations.
Comparison with adjacent states
All of the surrounding states (Michigan, Minnesota, Illinois and Iowa) regulate inedible animal by-products, including licensing and fees, processing and handling, facility standards, sanitation, labeling and enforcement. However, the surrounding states may use different terminology in their regulations.
All of the surrounding states require vehicle permits and identification of vehicles used to haul inedible carcasses and carcass materials. Surrounding states all require similar labeling of inedible carcasses, carcass materials and products. Surrounding states enforce FDA feed regulations, including prohibitions against the feeding of mammalian protein material to cattle or other ruminants. However, not all states have incorporated federal regulations by rule (incorporation facilitates enforcement under state law).
Data and analytical methodologies
See above. DATCP has analyzed current rules in light of actual program experience and industry practice. This rule is designed to clarify current rules, make current rules consistent with relevant federal rules, and make current rules internally consistent. DATCP has not conducted a formal scientific data analysis, because it is not necessary or relevant to this rulemaking proceeding.
DATCP conducts or monitors disease testing and surveillance as part of normal program administration, and evaluates programs in light of relevant disease findings and test results. Among other things, Wisconsin has tested over 100,000 cattle for BSE (about 20% of all the cattle tested to date in the U.S.) without any positive disease findings.
Fiscal Impact
This rule will have no significant fiscal impact on DATCP or local government units.
Business Impact
For the most part, this rule merely clarifies current rules without making significant substantive changes. Among other things, this rule clarifies the coverage of current licenses related to renderers, animal food processors, grease processors, commercial feed manufacturers and dead animal collectors.
This rule will not have any significant adverse impact on business (including small business). This rule clarifies current recordkeeping requirements, but it does not add significant new recordkeeping requirements. This rule requires regulated entities to keep records for 3 years (instead of 2 years under current rules).
Notice of Hearing
Commerce
(Construction Career Academies Grants,
Ch.
Comm 4)
NOTICE IS HEREBY GIVEN that pursuant to ss.
101.02 (1) and
101.31, Stats., the Department of Commerce will hold a public hearing on proposed rules under chapter Comm 4 relating to grants for construction career academies and affecting small business.
Hearing Information
Date and Time:
January 30, 2008
10:00 a.m.
Location:
Conference Room 3C
Thompson Commerce Center
201 West Washington Avenue
Madison
This hearing is held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 266-8741 or (608) 264-8777 (TTY) at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon a request from a person with a disability.
Submission of Written Comments
Interested persons are invited to appear at the hearing and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until February 8, 2008, to permit submittal of written comments from persons who are unable to attend the hearing or who wish to supplement testimony offered at the hearing. Written comments should be submitted to James Quast, at the Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689, or Email at
jim.quast@wisconsin.gov.
Public Hearing Comments
The hearing record on this proposed rulemaking will remain open until February 8, 2008. Written comments on the proposed may be submitted to James Quast, at the Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689, or Email at
jim.quast@wisconsin.gov.
Analysis Prepared by the Department of Commerce
Statutes interpreted
Statutory authority
Related statute or rule
None.
Explanation of agency authority
Under the authority of chapter 101, Stats., the Department of Commerce has oversight of various construction programs to protect public safety. Under
2007 Wisconsin Act 20, the department has been directed to administer a grant program for construction career academies.
Summary of proposed rules
The proposed rules establish administrative procedures for the submittal and approval of grants for construction career academies.
Summary of, and comparison with, existing or proposed federal regulations
An internet search on federal grants for construction career academies in the U.S. federal regulations and U.S. federal register yielded no results.
Comparison with rules in adjacent states
An Internet-based search of grants programs for construction career academies in the states of Illinois, Iowa, Michigan and Minnesota found that none of the states have specific rules or programs regarding these types of grants.
