LRB-2290/3
RCT:lmk:ch
2005 - 2006 LEGISLATURE
August 26, 2005 - Introduced by Senator Leibham, cosponsored by Representatives
Kestell, M. Williams, Lothian, Musser, Owens, Gunderson and Hahn.
Referred to Committee on Agriculture and Insurance.
SB309,1,3
1An Act to renumber and amend 97.42 (11);
to repeal and recreate 97.42 (11)
2(title); and
to create 97.42 (11) (b) of the statutes;
relating to: an exemption
3from requirements concerning the slaughter and processing of poultry.
Analysis by the Legislative Reference Bureau
Current law generally requires that a place at which poultry is slaughtered for
human consumption be covered by a state or federal license. The law also generally
requires inspection of poultry before and after slaughter and imposes standards,
such as sanitation standards, on the slaughtering and processing of poultry. Under
current law, the licensing and inspection requirements and the standards for
slaughtering and processing of poultry do not apply to a person who slaughters
poultry produced on the person's own farm if the person sells no more than 1,000
birds annually, labels and tags the birds with the person's name and address, and
marks the birds as not inspected.
This bill provides that a producer may slaughter and sell up to 10,000 birds
annually without being subject to the licensing and inspection requirements if the
birds are sound and healthy, are processed using sanitary procedures that result in
poultry products that are sound, clean, and fit for human food, and are labeled and
tagged with the producer's name and address and marked as not inspected.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB309, s. 1
1Section
1. 97.42 (11) (title) of the statutes is repealed and recreated to read:
SB309,2,22
97.42
(11) (title)
Exemptions.
SB309, s. 2
3Section
2. 97.42 (11) of the statutes is renumbered 97.42 (11) (a) and amended
4to read:
SB309,2,145
97.42
(11) (a) This section
shall
does not apply to owners of poultry with respect
6to poultry produced on the owner's farm, provided his or her sales do not exceed 1,000
7fowl annually, and the birds are labeled and tagged to identify the name and address
8of the producer and are marked "NOT INSPECTED".
Persons processing more than
91,000 fowl but less than 20,000 fowl shall be fully subject to the provisions of this
10section relating to licensing, sanitation, facilities and wholesomeness of product. If
11the department determines that the protection of consumers from unwholesome
12poultry products will not be impaired, it may exempt such persons from sub. (3) (a)
13and (b) provided the birds are labeled or tagged to identify the name and address of
14the producer and are marked "NOT INSPECTED".
SB309, s. 3
15Section
3. 97.42 (11) (b) of the statutes is created to read:
SB309,2,1716
97.42
(11) (b) This section does not apply to the owner of poultry with respect
17to poultry produced on the owner's farm if all of the following apply:
SB309,2,1818
1. The owner sells more than 1,000 but not more than 10,000 birds annually.
SB309,2,1919
2. The birds are sound and healthy.
SB309,3,3
13. The birds are slaughtered and otherwise processed and handled using
2sanitary standards, practices, and procedures that result in the preparation of
3poultry products that are sound, clean, and fit for human food.
SB309,3,64
4. The birds are labeled and tagged to identify the name and address of the
5producer, are marked "NOT INSPECTED. Exempted—P.L.
90-492" and are not
6otherwise misbranded, as defined in
9 CFR 381.1.
