Finally, current law allows DATCP to enter into agreements with counties and
municipalities for inspection and enforcement services. Current law also allows
livestock and poultry, and meat or poultry products, to be inspected and approved
under state law, the federal Meat Inspection Act, the federal Poultry Products
Inspection Act, or county or municipal ordinances or regulations that have been
approved by DATCP. This bill eliminates the provisions relating to county and
municipal ordinances and inspections.
For further information see the state 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:
AB644,1 1Section 1. 97.42 (title) of the statutes is amended to read:
AB644,3,3 297.42 (title) Compulsory inspection of animals, livestock or poultry,
3and meat or
poultry and carcasses products.
AB644,2
1Section 2. 97.42 (1) (a) of the statutes is repealed.
AB644,3 2Section 3. 97.42 (1) (b) of the statutes is amended to read:
AB644,4,63 97.42 (1) (b) "Capable of use as human food" applies to any carcass or part of
4a carcass of any animal or poultry or animal
meat or poultry product unless it is
5denatured or otherwise, identified as unfit for human consumption as required by
6department rules, or is naturally inedible by humans.
AB644,4 7Section 4. 97.42 (1) (bg) of the statutes is created to read:
AB644,4,118 97.42 (1) (bg) "Captive game animal" means an animal of a normally wild type
9that is produced in captivity for slaughter and consumption. "Captive game animal"
10does not include a farm-raised deer, ratite, captive game bird, fish, or an animal that
11is kept solely for hunting purposes at a hunting preserve.
AB644,5 12Section 5. 97.42 (1) (br) of the statutes is created to read:
AB644,4,1713 97.42 (1) (br) "Captive game bird" means a bird of a normally wild type that
14is produced in captivity for slaughter and consumption, including a pheasant, quail,
15wild turkey, migratory wildfowl, or other bird that the department designates as a
16captive game bird by rule. "Captive game bird" does not include poultry, ratites, or
17birds kept solely for hunting purposes at a hunting preserve.
AB644,6 18Section 6. 97.42 (1) (c) of the statutes is repealed.
AB644,7 19Section 7. 97.42 (1) (cm) of the statutes is created to read:
AB644,4,2220 97.42 (1) (cm) "Denature" means to intentionally make an item unfit for human
21consumption by adding a substance to it to alter the item's appearance or other
22natural characteristics.
AB644,8 23Section 8. 97.42 (1) (d) (intro.) of the statutes is amended to read:
AB644,5,324 97.42 (1) (d) (intro.) "Establishment" means a plant or premises, including
25retail premises, where animals livestock or poultry are slaughtered for human

1consumption, or a plant or premises, including retail premises, where meat or
2poultry products or meat food products are processed, but shall does not include any
3of the following
:
AB644,9 4Section 9. 97.42 (1) (d) 2. of the statutes is repealed.
AB644,10 5Section 10. 97.42 (1) (d) 3. of the statutes is amended to read:
AB644,5,106 97.42 (1) (d) 3. Premises of a person who is the owner of the animals livestock
7or poultry
to be slaughtered or of carcasses the meat or poultry products to be
8processed, and if the resulting product is for exclusive use by him or her and the
9owner,
members of his or her the owner's household and his or her, or the owner's
10nonpaying guests and employees.
AB644,11 11Section 11. 97.42 (1) (e) of the statutes is amended to read:
AB644,5,1412 97.42 (1) (e) "Inspector" means any person employed by the department or any
13cooperating agency who is
or authorized by the department to do any work or perform
14any duty in connection with the department's meat and poultry inspection program.
AB644,12 15Section 12. 97.42 (1) (em) of the statutes is created to read:
AB644,5,1816 97.42 (1) (em) "Livestock" means cattle, sheep, swine, goats, farm-raised deer,
17alpacas, llamas, bison, ratites, rabbits, and other species that the department
18designates as livestock by rule.
AB644,13 19Section 13. 97.42 (1) (f) of the statutes is amended to read:
AB644,5,2420 97.42 (1) (f) "Meat broker" means any person engaged in the business of buying
21or selling meat and or poultry products, or meat and poultry food products on
22commission, or otherwise negotiating purchases or sales of such articles meat or
23poultry products
other than for the person's own account or as an employee of another
24person.
AB644,14 25Section 14. 97.42 (1) (fm) of the statutes is amended to read:
AB644,6,2
197.42 (1) (fm) "Meat distributor" means a person who is engaged in the
2business of distributing in this state meat and or poultry products at wholesale.
AB644,15 3Section 15. 97.42 (1) (g) of the statutes is repealed.
AB644,16 4Section 16. 97.42 (1) (h) of the statutes is amended to read:
AB644,6,75 97.42 (1) (h) "Meat products" and "or poultry products" means the carcasses or
6any parts, including the viscera, of carcasses of animals and slaughtered livestock
7or
poultry that are capable of use as human food.
AB644,17 8Section 17. 97.42 (1) (i) of the statutes is amended to read:
AB644,6,159 97.42 (1) (i) "Mobile processor" means a person , other than the owner of the
10livestock or poultry being slaughtered or the meat or poultry products being
11processed,
who provides a meat processing service to slaughters livestock or poultry
12or processes meat or poultry products for
the general public for compensation other
13than the trading of services on an exchange basis, and conducts the meat
14slaughtering or processing at the premises of the owner of the carcasses livestock or
15poultry being slaughtered or the meat or poultry products
being processed.
AB644,18 16Section 18. 97.42 (1) (j) of the statutes is repealed.
AB644,19 17Section 19. 97.42 (1) (k) of the statutes is amended to read:
AB644,6,2018 97.42 (1) (k) "Official inspection mark" means the symbol formulated under the
19rules of the department to state indicate that the meat, or poultry or product was
20inspected pursuant to such the department's rules.
AB644,20 21Section 20. 97.42 (1) (L) of the statutes is amended to read:
AB644,6,2422 97.42 (1) (L) "Poultry" means any domesticated fowl birds, including but not
23limited to
chickens, turkeys, geese, ducks, or guineas, but shall does not include
24commercially produced captive game birds or ratites.
AB644,21 25Section 21. 97.42 (1) (m) of the statutes is repealed.
AB644,22
1Section 22. 97.42 (1) (o) of the statutes is repealed.
AB644,23 2Section 23. 97.42 (2) (a) of the statutes is amended to read:
AB644,7,153 97.42 (2) (a) No Subject to pars. (b) and (bg), no person may operate an
4establishment as defined in sub. (1) (d) without a valid license issued by the
5department for each such establishment. That license expires on June 30 annually,
6except that a license issued for a new establishment on or after March 30 but before
7July 1 expires on June 30 of the following year. No license may be issued unless the
8applicant has complied with the requirements of this section. The annual license fee
9is $200, except the annual license fee shall be $80 for those establishments engaged
10only in slaughtering uninspected animals livestock or poultry or processing
11uninspected meat or poultry products as a custom service, and but not in for other
12operations subject to for which a license under this section is required. No person
13may be required to obtain a license under s. 97.29 or 97.30 for activities licensed
14under this section or which is for establishments inspected under 21 USC 451 to 472
15and 601 to
695.
AB644,24 16Section 24 . 97.42 (2) (a) of the statutes, as affected by 2015 Wisconsin Act ....
17(this act), is amended to read:
AB644,8,618 97.42 (2) (a) Subject to pars. (b) and (bg), no person may operate an
19establishment without a valid license issued by the department. That license expires
20on June 30 annually, except that a license issued for a new establishment on or after
21March 30 but before July 1 expires on June 30 of the following year. No license may
22be issued unless the applicant has complied with the requirements of this section.
23The department shall establish by rule the annual license fee is fees for
24establishments, not to exceed
$200, except the based on the type of mandatory
25inspection required to be performed at the establishment. The department shall

1establish a reduced
annual license fee shall be $80 for those establishments engaged
2only in slaughtering uninspected livestock or poultry or processing uninspected
3meat or poultry products as a custom service, but not for other operations for which
4a license under this section is required. No person may be required to obtain a license
5under s. 97.29 or 97.30 for activities licensed under this section or for establishments
6inspected under 21 USC 451 to 472 and 601 to 695.
AB644,25 7Section 25. 97.42 (2) (b) of the statutes is amended to read:
AB644,8,188 97.42 (2) (b) Paragraph (a) does not apply to any person operating an
9establishment that only processes meat or poultry products, or meat or poultry food
10products,
for sale directly to consumers at retail on the premises where the products
11were processed, if only inspected meat is or poultry products are permitted on the
12premises and sales to hotels, restaurants, and institutions are restricted to 25% of
13the volume gross annual value of meat or poultry product sales or $28,800 annually
14the adjusted dollar limitation published by the federal department of agriculture
15under 9 CFR 303.1 (d) (2) (iii)
(b), whichever is less. No person exempt from licensure
16under this paragraph may sell any cured, smoked, seasoned, canned, or cooked meat
17food or poultry products produced by that person to hotels, restaurants, or
18institutions.
AB644,26 19Section 26. 97.42 (2) (bg) of the statutes is created to read:
AB644,8,2220 97.42 (2) (bg) Paragraph (a) does not apply to any person operating an
21establishment that meets the requirements under 9 CFR 303.1 (d) (2) (iv) (c) or (e)
22(1), or 381.10 (d) (2) (iv) (c) or (e) (1).
AB644,27 23Section 27. 97.42 (2) (c) of the statutes is amended to read:
AB644,9,824 97.42 (2) (c) No person may operate as a mobile slaughterer or as a mobile
25processor without an annual registration certificate issued by the department,

1except that no registration certificate is required for a mobile slaughterer or a mobile
2processor who holds a license issued under par. (a). A registration certificate expires
3on June 30, annually. An application for an annual registration certificate shall be
4submitted on a form provided by the department and shall include information
5reasonably required by the department for registration purposes. The department
6shall promulgate rules regulating mobile slaughterers and mobile processors,
7including rules related to facilities, sanitation, identification of carcasses, and record
8keeping.
AB644,28 9Section 28. 97.42 (3) (a) of the statutes is amended to read:
AB644,9,2110 97.42 (3) (a) Examination before slaughter. For the purpose of preventing the
11sale and use in this state of meat products and or poultry products which that are
12unwholesome adulterated or otherwise unfit for not capable of use as human food,
13the department shall cause to be made, by inspectors who may be veterinarians on
14either a full-time or part-time basis, under supervision of the department, an
15examination and inspection of all animals livestock and poultry before they are
16slaughtered in any establishment, except as provided in pars. (d) and (em). All
17animals livestock and poultry found on such inspection to show symptoms of disease
18shall be condemned or set apart and slaughtered separately from all other animals
19livestock and poultry, and when so slaughtered the carcasses meat or poultry
20products
thereof shall be subject to careful examination, inspection , and disposition,
21in accordance with rules issued by the department.
AB644,29 22Section 29. 97.42 (3) (b) of the statutes is amended to read:
AB644,9,2523 97.42 (3) (b) Examination after slaughter. For the purpose stated in par. (a),
24the department shall cause to be made, by inspectors under supervision of the
25department,
who may be veterinarians on either a full-time or part-time basis,

1under supervision of the department, an examination and inspection of the carcasses
2and parts thereof
meat or poultry products of all animals livestock and poultry
3slaughtered at any establishment, except as provided in pars. (d) and (em). The
4carcasses and parts thereof of all animals and
Meat or poultry products found to be
5wholesome and fit for not adulterated and capable of use as human food shall be
6marked, stamped, tagged, or labeled by inspectors as "Wis. inspected and passed".
7Inspectors shall mark, stamp, tag, or label as "Wis. inspected and condemned" all
8carcasses and parts thereof of animals and meat or poultry products found to be
9unwholesome or otherwise unfit for human food adulterated or otherwise not
10capable of use as human food
, and all carcasses and parts thereof meat or poultry
11products
so inspected and condemned shall be destroyed, in accordance with rules
12issued by the department. Inspection marks, stamps, tags, and labels shall be
13prescribed by the department and shall include thereon the identification number
14of the establishment assigned by the department.
AB644,30 15Section 30. 97.42 (3) (c) of the statutes is amended to read:
AB644,10,2216 97.42 (3) (c) Reexaminations. Inspectors shall, when deemed advisable,
17reinspect carcasses, parts thereof or meat food or poultry products to determine
18whether the same they have become unwholesome adulterated or in any other way
19unfit for
otherwise not capable of use as human food. If any carcasses, parts thereof
20or
meat food or poultry products, upon a reexamination, are found to be unwholesome
21adulterated or otherwise unfit for not capable of use as human food, they shall be
22destroyed, in accordance with rules issued by the department.
AB644,31 23Section 31. 97.42 (3) (cm) of the statutes is created to read:
AB644,11,524 97.42 (3) (cm) Voluntary reimbursable inspection services. The department
25shall provide slaughter inspection services for licensed establishments for certain

1captive game animals and captive game birds, and shall designate by rule the species
2of captive game animals and captive game birds for which these services may be
3provided. The establishment requesting these services shall reimburse the
4department for the actual cost of providing the services at rates established by rule
5by the department.
AB644,32 6Section 32. 97.42 (3) (d) of the statutes is amended to read:
AB644,11,167 97.42 (3) (d) Custom service slaughtering. This subsection shall does not apply
8to animals livestock and poultry slaughtered as a custom service for the owner of the
9livestock or poultry
exclusively for use by the owner and, members of the owner's
10household, and the owner's nonpaying guests and employees, unless department
11inspection is specifically requested and performed at establishments where
12examinations before and after slaughter are otherwise required. The rules of the
13department shall make provision for the furnishing of such this inspection service,
14subject to availability of inspector personnel, and for the identification of all animals
15livestock and poultry custom slaughtered for the owners thereof without department
16inspection.
AB644,33 17Section 33. 97.42 (3) (e) of the statutes is amended to read:
AB644,12,618 97.42 (3) (e) Periodic inspections. The department shall make periodic
19inspections of construction, operation, facilities, equipment, labeling, sanitation,
20and wholesomeness of practices for ensuring meat and or poultry products , and meat
21food products
are not adulterated, at establishments or any other premises,
22including vehicles engaged in transportation of such meat or poultry products.
23Inspection of products and plant operations shall cover such operations such as
24cutting and boning, curing and smoking, grinding and fabrication, manufacturing,
25packaging, labeling, storage and transportation. Periodic inspections of processing

1operations shall be conducted as uniformly as possible among establishments
2subject to overtime inspection under sub. (4) (f) to avoid the imposition of undue
3inspection fees against any establishment. Inspections at overtime rates shall only
4be held where necessary to assure wholesomeness and the safety of products for
5human consumption
and compliance with the requirements of this section and rules
6of the department.
AB644,34 7Section 34. 97.42 (3) (em) of the statutes is amended to read:
AB644,12,148 97.42 (3) (em) Slaughter of farm-raised deer. The requirements of pars. (a) and
9(b) do not apply to the slaughter of a farm-raised deer if its meat food products are
10not sold by a person holding a restaurant permit under s. 254.64 or by an operator
11of a retail food establishment, as defined under s. 97.30 (1) (c). The operator of an
12establishment in which farm-raised deer, their carcasses or their meat food products
13are examined and inspected under this subsection shall pay the department for the
14cost of the department's examination and inspection.
AB644,35 15Section 35. 97.42 (3) (f) of the statutes is amended to read:
AB644,12,2116 97.42 (3) (f) Label requirements. In addition to label requirements otherwise
17provided by law, meat food or poultry products shall bear a label, stamp, mark or tag
18including thereon the official inspection mark and identification number of the
19establishment where processed. Meat and or poultry products processed and sold at
20retail to household consumers on the premises shall do not require official inspection
21marks and identification numbers.
AB644,36 22Section 36. 97.42 (4) (a) of the statutes is amended to read:
AB644,12,2423 97.42 (4) (a) The inspection before and after slaughter of all animals livestock
24and poultry killed or dressed for human consumption at any establishment.
AB644,37 25Section 37. 97.42 (4) (b) of the statutes is amended to read:
AB644,13,3
197.42 (4) (b) The inspection and marking of carcasses or parts thereof meat or
2poultry products
intended for human consumption, and prohibiting the
3unauthorized use of any official inspection mark or simulation or counterfeit thereof.
AB644,38 4Section 38. 97.42 (4) (c) of the statutes is repealed.
AB644,39 5Section 39. 97.42 (4) (d) of the statutes is amended to read:
AB644,13,96 97.42 (4) (d) The seizure, retention, and destruction for human consumption
7of any animal livestock or poultry , carcasses, parts thereof, or meat food or poultry
8products which have not been inspected or passed or are unwholesome or
9adulterated or misbranded, for the purpose of preventing human consumption.
AB644,40 10Section 40. 97.42 (4) (e) 2. of the statutes is amended to read:
AB644,13,1211 97.42 (4) (e) 2. The rate of slaughter for the different classes of animals
12livestock and poultry conform to reasonable minimums minimum levels per hour;
AB644,41 13Section 41. 97.42 (4) (e) 3. of the statutes is amended to read:
AB644,13,1814 97.42 (4) (e) 3. Inspection of animals livestock and poultry slaughtered as a
15custom service be restricted to the time of the regular slaughter schedule fixed for
16the establishment. When inspection is provided for custom slaughtering and custom
17processing the inspection shall be conducted in accordance with sub. (3) (a) to (c) and
18rules prescribed under this subsection; and
AB644,42 19Section 42. 97.42 (4) (f) of the statutes is amended to read:
AB644,14,620 97.42 (4) (f) Overtime agreements with the department whereby the operator
21of any establishment subject to a license under sub. (2), agrees to pay the cost for
22salaries, at overtime rates, and other expenses of department inspectors whenever
23slaughtering, carcass preparation, or the processing of meat or poultry products or
24meat food products
is conducted beyond hours or days limited under par. (e), or on
25Saturdays, Sundays, or holidays for state employees under s. 230.35 (4), or before 6

1a.m. or after 6 p.m., or in excess of 40 hours in any week. Overtime charges for
2periodic inspections under sub. (3) (e) shall, insofar as possible, be limited to the
3minimum number of hours reasonably required for the conduct of such conducting
4those
inspections. The department may assess overtime charges under this
5paragraph even though the department provides compensatory time in lieu of
6overtime compensation under s. 103.025.
AB644,43 7Section 43. 97.42 (4) (g) of the statutes is amended to read:
AB644,14,128 97.42 (4) (g) Specifications and standards for location, construction, operation,
9facilities, equipment, and sanitation for any premises, establishment, or mobile
10facility where slaughter or processing is carried on, including custom slaughtering
11of animals livestock or poultry and custom or retail processing of meat and or poultry
12products.
AB644,44 13Section 44. 97.42 (4) (h) of the statutes is amended to read:
AB644,14,1714 97.42 (4) (h) Conditions of sanitation under which carcasses, parts of carcasses,
15poultry and
meat and or poultry products shall be stored, transported, or otherwise
16handled by any person engaged in the business of buying, selling, freezing, storing,
17transporting, or processing such meat or poultry products.
AB644,45 18Section 45. 97.42 (4) (i) of the statutes is amended to read:
AB644,14,2219 97.42 (4) (i) Record-keeping requirements for persons engaged in slaughtering
20or processing operations, or in the storage or transportation of meat , or poultry, or
21meat food
products, including record-keeping requirements for meat brokers and
22the registration of meat brokers with the department.
AB644,46 23Section 46. 97.42 (4m) of the statutes is amended to read:
AB644,15,424 97.42 (4m) Federal requirements. Except as provided in rules promulgated
25under sub. (4), the
The operator of an establishment that is required to be licensed

1under this section shall comply with 9 CFR parts 307 to 311, 313 to 315, 317 to 319,
2416 and 417 and part 381 subparts G, H, I, J, K, L, O and P as they apply to federally
3licensed establishments
federal requirements as provided in rules promulgated by
4the department
.
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