Statutes interpreted
Statutory authority
Explanation of agency authority
DATCP has broad authority to regulate the production and sale of food and animal feed, and broad authority to regulate activities that may threaten animal health or spread disease. DATCP licenses and regulates rendering plants, animal food processors, grease processors, dead animal collectors and related businesses under s.
95.72, Stats. DATCP licenses and regulates commercial feed manufacturers under s.
94.72, Stats. DATCP licenses and regulates meat establishments under s.
97.42, Stats. DATCP may adopt rules to implement statutes under its jurisdiction.
Inedible Animal By-Products
Wisconsin has a large rendering and animal food processing industry. This industry collects and processes inedible animal carcasses, inedible carcass materials and inedible meat by-products from Wisconsin's large livestock and meat processing industries, and produces useful non-food products such as grease, tallow, blood meal, bone meal and animal feed.
DATCP currently regulates rendering plants, animal food processors, grease processors and dead animal collectors under s.
95.72, Stats., and ch.
ATCP 57, Wis. Adm. Code. Regulation protects human and animal health, and is closely related to the regulation of food and animal feed.
With the advent of BSE (“mad cow disease"), there has been increased focus on the rendering and animal food processing industries. DATCP currently enforces federal BSE regulations under contract with the United States Food and Drug Administration (FDA). FDA is considering possible regulatory changes, but has not adopted any changes to date (this rule incorporates current federal prohibitions and labeling requirements).
In cooperation with the United States Department of Agriculture (USDA), Wisconsin has tested over 100,000 cattle for BSE without any positive disease findings. Wisconsin has tested far more cattle than any other state. Indeed, Wisconsin has tested about 20% of all the cattle tested to date in the entire nation.
Renderers
General
This rule clarifies current licensing and regulation of rendering operations under s.
95.72, Stats. Under this rule, “rendering" means melting or reconstituting carcasses or carcass materials, with the use of heat, to produce rendered products for non-food use. “Rendering" does not include licensed meat processing, licensed food processing, licensed grease processing, hide processing, or the manufacture of glue, pharmaceuticals or gelatin.
Renderer License
Under this rule, no person may do any of the following without an annual renderer license from DATCP:
• Operate a rendering plant in this state (a renderer may operate 2 or more rendering plants under a single license).
• Collect, receive or transport, in this state, carcasses or carcass materials for rendering by that person in this state or another state.
• Slaughter animals in this state for rendering by that person in this state or another state.
An annual license expires on February 28 of each year and is not transferable. A license does not authorize the license holder to produce, sell or distribute food for human consumption. An applicant must submit an annual license application that identifies rendering plant locations and includes other information required under this rule. The application must include an annual fee of $200 for each rendering plant (this rule does not change the current fee).
Before DATCP issues a license covering a new rendering plant, DATCP must inspect the rendering plant (DATCP may also inspect new transfer stations used to transfer carcasses from one vehicle to another). There is an inspection fee of $25 for each new rendering plant (this rule does not increase the current fee). There is no inspection fee for new transfer stations.
If a pre-license inspection is required, DATCP must complete the inspection within 30 days after DATCP receives a complete license application (unless the applicant agrees to a later inspection date). DATCP must grant or deny a license application within 30 days after DATCP receives the license application or, if a pre-license inspection is required, within 30 days after DATCP completes the inspection.
Rendering Plants; Location, Facilities and Operations
Current statutes prohibit the construction of a rendering plant within 1/8 mile of an existing residence or place of business (this rule incorporates that statutory prohibition). Rendering plant facilities must comply with basic sanitation standards, including basic ventilation standards, specified in this rule. Facilities must be designed for easy cleaning. Fully rendered products must be stored in a location and manner that protects them from contamination by live animals, un-rendered carcasses and un-rendered carcass materials.
A rendering plant must be kept free of nuisance conditions that pose a significant health or environmental risk, or cause obnoxious odors (other than normal odors incidental to generally accepted processing practices). Nuisance conditions include things like accumulated carcasses or manure, drainage from carcasses, accumulated litter, unclean facilities or rodent infestations.
A renderer must collect and safely dispose of all solid and liquid waste from rendering operations. A renderer must collect manure, offal, processing waste and other solid waste at least daily, and more often as necessary, to keep facilities clean and orderly. Liquid waste must be discharged to a public sewer system, or to an effluent disposal system that complies with department of natural resources (DNR) rules. A renderer must comply with applicable waste disposal laws, keep waste storage areas clean and orderly, and keep waste collection and disposal systems in good working order.
A renderer must transport and handle carcasses and carcass materials according to this rule (see below). If a renderer slaughters animals for rendering, the renderer must use humane methods, and must slaughter the animals in an area that is designed and equipped for safe and humane slaughtering. Live animals may not be unloaded, kept or slaughtered in processing or storage areas.
Renderer Records
Under this rule, a renderer must keep records of rendering operations. Records must include all of the following:
• The name and address of each person from whom the renderer receives carcasses or carcass materials, the date and location of each receipt, the types of carcasses or carcass materials received, the number or weight of carcasses received, the weight or liquid volume of carcass materials received, and the disposition of any carcasses or carcass materials received but not rendered.
• The name and address of each person from whom the renderer receives live animals, the date and location of each receipt, the numbers and types of live animals received, and the disposition of each animal. If the renderer slaughters an animal, the renderer must record the date and location of slaughter, and the disposition of the carcass.
• The types of rendered product, and the daily amounts of each type of rendered product, produced at each rendering plant.
• The name and address of each person to whom the renderer sells or distributes rendered product, the dates on which the renderer ships rendered product to each person, and the type and amount of rendered product included in each shipment.
• Lot coding or other records that effectively track the receipt, processing and distribution of ingredients and rendered products, so that it is possible to identify ingredient sources for each lot of rendered product (and vice versa).
A renderer must retain required records for at least 3 years, and must make the records available for inspection and copying by DATCP upon request.
Animal Food Processors
General.
This rule clarifies current licensing and regulation of animal food processors under s.
95.72, Stats. Under this rule, “animal food processing" means slaughtering animals or processing carcasses or carcass materials for use as animal feed. “Animal food processing" does not include any of the following:
• The collection or transportation of whole animal carcasses by a dead animal collector licensed under this rule (see below), provided that the dead animal collector does not process the carcasses or remove hide or feathers.
• A fur farm operator's processing of carcasses or carcass materials solely for feeding to fur bearing animals produced on that fur farm (fur farmers must register with DATCP under s.
97.44(2), Stats.).
• Licensed rendering operations (see above).
• Licensed grease processing operations (see below).
• Licensed meat processing operations (see ch.
ATCP 55).
• Licensed food processing operations (see chs.
ATCP 70 and
75, and s.
254.64, Stats.).
• Licensed commercial feed manufacturer operations that extend beyond “minimal processing" of animal carcasses (see ch.
ATCP 42 and s.
94.72(5), Stats.).
• The processing of hides, or the manufacture of glue, pharmaceuticals or gelatin.
This rule clarifies that a licensed animal food processor is not required to hold a commercial feed manufacturer license (ATCP 42) if the animal food processor does only “minimal processing" of carcasses or carcass materials fed to animals. “Minimal processing" includes removal of hides or feathers, cutting, grinding, denaturing, freezing and packaging. “Minimal processing" does not include heat treating, rendering, or mixing with other ingredients such as vitamins or minerals.
Animal Food Processor License
Under this rule, no person may do any of the following without an animal food processor license from DATCP:
• Operate an animal food processing plant in this state.
• Collect, receive or transport, in this state, carcasses or carcass materials for animal food processing by that person in this state or another state.
• Slaughter animals in this state for animal food processing by that person in this state or another state.
An annual license expires on February 28 of each year and is not transferable. A license does not authorize the license holder to produce, sell or distribute food for human consumption. An applicant must submit an annual license application that identifies animal food processing plant locations and includes other information required under this rule. The application must include an annual fee of $200 for each animal food processing plant (this rule does not change the current fee).
Before DATCP licenses a new animal food processing plant, DATCP must inspect the plant (DATCP may also inspect new transfer stations where carcasses are transferred from one transport vehicle to another). There is an inspection fee of $25 for each new animal food processing plant (this rule does not change the current fee). There is no inspection fee for new transfer stations.
If a pre-license inspection is required, DATCP must complete the inspection within 30 days after DATCP receives a complete license application (unless the applicant agrees to a later inspection date). DATCP must grant or deny a license application within 30 days after DATCP receives the license application or, if a pre-license inspection is required, within 30 days after DATCP completes the inspection.
Animal Food Processing Plants; Location, Facilities and Operations
Current statutes prohibit the construction of an animal food processing plant within 1/8 mile of an existing residence or place of business (this rule incorporates that statutory prohibition). Animal food processing plant facilities must comply with basic sanitation standards, including basic ventilation standards, specified in this rule.
Facilities must be designed for easy cleaning. Processed products must stored in a location and manner that protects them from contamination by live animals, unprocessed carcasses and unprocessed carcass materials.
An animal food processing plant must be kept free of nuisance conditions that pose a significant health or environmental risk, or cause obnoxious odors (other than normal odors incidental to generally accepted processing practices). Nuisance conditions include things like accumulated carcasses or manure, drainage from carcasses, accumulated litter, unclean facilities or rodent infestations.
An animal food processor must collect and safely dispose of all solid and liquid waste from processing operations. An animal food processor must collect manure, offal, processing waste and other solid waste at least daily, and more often as necessary, to keep facilities clean and orderly. Liquid waste must be discharged to a public sewer system, or to an effluent disposal system that complies with DNR rules. An animal food processor must comply with applicable waste disposal laws, keep waste storage areas clean and orderly, and keep waste collection and disposal systems in good working order.
An animal food processor must transport and handle carcasses and carcass materials according to this rule (see below). If an animal food processor slaughters animals for processing, the animal food processor must use humane methods, and must slaughter the animals in an area that is designed and equipped for safe and humane slaughtering. Live animals may not be unloaded, kept or slaughtered in processing or storage areas.
Animal Food Processor Records
Under this rule, an animal food processor must keep records of animal food processing operations. Records must include all of the following:
• The name and address of each person from whom the animal food processor receives carcasses or carcass materials, the date and location of each receipt, the types of carcasses or carcass materials received, the number or weight of carcasses received, the weight or liquid volume of carcass materials received, and the disposition of any carcasses or carcass materials received but not processed.
• The name and address of each person from whom the animal food processor receives live animals, the date and location of each receipt, the numbers and types of live animals received, and the disposition of each animal. If the animal food processor slaughters an animal, the animal food processor must record the date and location of slaughter, and the disposition of the carcass.
• The types of animal feed, and the daily amounts of each type of feed, produced at each animal food processing plant.
• The name and address of each person to whom the animal food processor sells or distributes animal feed, the dates on which the animal food processor ships the animal feed to each person, and the type and amount of animal feed included in each shipment.
• Lot coding or other records that effectively track the receipt, processing and distribution of ingredients and processed products, so that it is possible to identify ingredient sources for each lot of processed product (and vice versa).
An animal food processor must retain required records for at least 3 years, and must make the records available for inspection and copying by DATCP upon request.
Grease Processors
General
This rule clarifies current licensing and regulation of grease processors under s.
95.72, Stats. Under this rule, “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:
• Licensed rendering operations (see above).
• Licensed animal food processing operations (see above).
• Licensed meat processing operations (see current ch.
ATCP 55).
• Licensed food processing operations (see current chs.
ATCP 70 and
75, and s.
254.64, Stats.).
Grease Processor License
Under this rule, no person may operate as a grease processor without an annual license from DATCP. An annual license expires on February 28 of each year and is not transferable. A license does not authorize the license holder to do any of the following:
• Produce, sell or distribute food for human consumption.
• Receive, collect, transport or slaughter live animals.
• Receive, collect, transport or process carcasses or carcass materials.
An applicant must submit an annual license application that identifies grease processing plant locations and includes other information required under this rule. The application must include an annual fee of $200 for each grease processing plant (this rule does not change the current fee).
Before DATCP licenses a new grease processing plant, DATCP must inspect the plant. There is an inspection fee of $25 for each new grease processing plant (this rule does not change the current fee). If a pre-license inspection is required, DATCP must complete the inspection within 30 days after DATCP receives a complete license application (unless the applicant agrees to a later inspection date).
DATCP must grant or deny a license application within 30 days after DATCP receives the license application or, if a pre-license inspection is required, within 30 days after DATCP completes the inspection.
Grease Processing Plants; Location, Facilities and Operations
Current statutes prohibit the construction of a rendering plant within 1/8 mile of an existing residence or place of business (this rule incorporates that statutory prohibition). Grease processing plant facilities must comply with basic sanitation standards, including basic ventilation standards, specified in this rule. Facilities must be designed for easy cleaning.
Processed grease must be stored in a location and manner that protects it from contamination from unprocessed ingredients. A grease processing plant must be kept free of nuisance conditions that pose a significant health or environmental risk, or cause obnoxious odors (other than normal odors incidental to generally accepted processing practices).
A grease processor must collect and safely dispose of all solid and liquid waste from grease processing operations. A grease processor must collect processing waste and other solid waste at least daily, and more often as necessary, to keep facilities clean and orderly. Liquid waste must be discharged to a public sewer system, or to an effluent disposal system that complies with DNR rules. A grease processor must comply with applicable waste disposal laws, keep waste storage areas clean and orderly, and keep waste collection and disposal systems in good working order.
Grease Processor Records
