243,42
Section
42. 97.42 (4) (f) of the statutes is amended to read:
97.42 (4) (f) Overtime agreements with the department whereby the operator of any establishment subject to a license under sub. (2), agrees to pay the cost for salaries, at overtime rates, and other expenses of department inspectors whenever slaughtering, carcass preparation, or the processing of meat or poultry products or meat food products is conducted beyond hours or days limited under par. (e), or on Saturdays, Sundays, or holidays for state employees under s. 230.35 (4), or before 6 a.m. or after 6 p.m., or in excess of 40 hours in any week. Overtime charges for periodic inspections under sub. (3) (e) shall, insofar as possible, be limited to the minimum number of hours reasonably required for the conduct of such conducting those inspections. The department may assess overtime charges under this paragraph even though the department provides compensatory time in lieu of overtime compensation under s. 103.025.
243,43
Section
43. 97.42 (4) (g) of the statutes is amended to read:
97.42 (4) (g) Specifications and standards for location, construction, operation, facilities, equipment, and sanitation for any premises, establishment, or mobile facility where slaughter or processing is carried on, including custom slaughtering of animals livestock or poultry and custom or retail processing of meat and
or poultry products.
243,44
Section
44. 97.42 (4) (h) of the statutes is amended to read:
97.42 (4) (h) Conditions of sanitation under which carcasses, parts of carcasses, poultry and meat
and or poultry products shall be stored, transported, or otherwise handled by any person engaged in the business of buying, selling, freezing, storing, transporting, or processing such meat or poultry products.
243,45
Section
45. 97.42 (4) (i) of the statutes is amended to read:
97.42 (4) (i) Record-keeping requirements for persons engaged in slaughtering or processing operations, or in the storage or transportation of meat, or poultry, or meat food products, including record-keeping requirements for meat brokers and the registration of meat brokers with the department.
243,46
Section
46. 97.42 (4m) of the statutes is amended to read:
97.42 (4m) Federal requirements.
Except as provided in rules promulgated under sub. (4), the The operator of an establishment that is required to be licensed under this section shall comply with 9 CFR parts 307 to 311, 313 to 315, 317 to 319, 416 and 417 and part 381 subparts G, H, I, J, K, L, O and P as they apply to federally licensed establishments federal requirements as provided in rules promulgated by the department.
243,47
Section
47. 97.42 (5) of the statutes is repealed.
243,48
Section
48. 97.42 (6) (a) (intro.) of the statutes is amended to read:
97.42 (6) (a) (intro.) No person shall may slaughter any animals livestock or poultry for the purpose of selling the meat products or poultry products thereof for human food, or sell, offer for sale, or have in his or her possession with intent to sell such any meat products or poultry products for human food, unless such animals and
the livestock or poultry and the carcasses meat or poultry products thereof have been first inspected and approved as provided by any of the following:
243,49
Section
49. 97.42 (6) (a) 4. of the statutes is repealed.
243,50
Section
50. 97.42 (6) (b) of the statutes is amended to read:
97.42 (6) (b) No person shall
may sell, offer for sale, or have in his or her possession with intent to sell any meat or poultry products, or meat food products unless they those products have been processed in accordance with this section, or the federal meat inspection act, or county or municipal ordinances approved by the department.
243,51
Section
51. 97.42 (6) (c) of the statutes is amended to read:
97.42 (6) (c) No person shall
may slaughter horses, mules, or other equines or process equine carcasses or meat at establishments where other animals livestock or poultry are slaughtered or where other meat or poultry products are processed.
243,52
Section
52. 97.42 (6) (d) of the statutes is amended to read:
97.42 (6) (d) No county or municipality shall may prohibit the sale of any meat products or poultry products if such the meat products or poultry products are inspected and passed by the department, or by the
U.S. federal department of agriculture, or by a county or municipal inspection service approved by the department, provided such the meat products and or poultry products are wholesome and not adulterated or misbranded at the time of sale.
243,53
Section
53. 97.42 (7) of the statutes is amended to read:
97.42 (7) Right of access. No person shall may prevent or attempt to prevent an inspector or other officer or agent of the department from entering, at any time, any establishment or any other place where meat products or poultry products, or foods derived therefrom, are processed, sold, or held for sale, for the purpose of any examination, inquiry, or inspection in connection with the administration and enforcement of this section. The examination, inquiry, or inspection may include taking samples, pictures, and documentary and physical evidence pertinent to enforcement of this section.
243,54
Section
54. 97.42 (9) (a) of the statutes is amended to read:
97.42 (9) (a) When in the opinion of the department, the use of any equipment, utensil, container, compartment, room, or facilities
facility which is unclean or unsanitary or improperly constructed could lead to contamination of the a meat or poultry product, the department may attach a "Rejected" tag to it
the item, room, or facility. No equipment, utensil, container, compartment, room, or facility so tagged may be used until made acceptable and released by a department representative, or until such equipment that item, room, or facility is replaced with an acceptable equipment item, room, or facility.
243,55
Section
55. 97.42 (9) (b) 1. of the statutes is amended to read:
97.42 (9) (b) 1. When in the opinion of the department any carcass, meat or poultry product, meat food product, or supplies or ingredients used in the processing thereof, may be unwholesome, adulterated or misbranded, or otherwise fail to meet standards or requirements of this section or rules adopted under this section, the department may tag them the product, supplies, or ingredients with a "Retained" tag to hold them for further inspection, analysis, or examination. No carcass, meat or poultry product, meat food product, or supplies
, or ingredients so tagged may be used, removed from the premises, or otherwise disposed of unless released by a department representative. Such products A tagged item may not be retained for more than 30 days without prior notice to the owner or custodian and the right to an immediate hearing.
243,56
Section
56. 97.42 (9) (b) 2. of the statutes is amended to read:
97.42 (9) (b) 2. When in the opinion of the department any carcass, meat or poultry product, or supplies or ingredients used in the processing thereof, is
unwholesome, adulterated or misbranded, or otherwise fail fails to meet standards or requirements of this section or rules adopted under this section, the department may tag them the product, supplies, or ingredients with a "Detained" tag to hold them for destruction or other disposition. No carcass, meat or poultry product, meat food product, or supplies, or ingredients so tagged may be used, removed from the premises, or otherwise disposed of unless released by a department representative. Such products A tagged item may not be destroyed or detained for more than 30 days without prior notice to the owner or custodian and the right to an immediate hearing.
243,57
Section
57. 97.42 (10) of the statutes is amended to read:
97.42 (10) Suspension. The department may, upon written notice, summarily suspend the operations in whole or in part at any establishment for substantial violations of this section or rules issued hereunder when, in the opinion of the department, a continuation of the operation would constitute an imminent danger to public health. The department may, upon written notice, summarily suspend inspection at any establishment for acts punishable under sub. (8) where such those acts substantially impair an inspector's ability to conduct an orderly inspection. Upon suspension of operations or inspection, the operator of the establishment may demand a hearing to determine whether the suspension should be vacated. The department shall, within 5 days after receipt of such the demand, hold a hearing and adjudicate the issues as provided in ch. 227. A demand for hearing shall
does not, however, operate to stay the suspension pending the hearing.
243,58
Section
58. 97.42 (11) of the statutes is amended to read:
97.42 (11) Exemption. This section shall does not apply to owners of poultry with respect to poultry produced on the owner's farm, provided his or her sales do not exceed 1,000 fowl birds annually, and the birds are labeled and tagged to identify the name and address of the producer and are marked "NOT INSPECTED". Persons processing more than 1,000 fowl birds but less than 20,000 fowl birds shall be fully subject to the provisions of this section relating to licensing, sanitation, facilities, and wholesomeness of practices for ensuring product. If is not adulterated, except that, if the department determines that the protection of consumers from unwholesome adulterated poultry products will not be impaired, it may exempt such these persons from sub. (3) (a) and (b) provided the birds are labeled or tagged to identify the name and address of the producer and are marked "NOT INSPECTED".
243,59
Section
59. 97.45 of the statutes is repealed.
243,60
Section
60.
Effective dates. This act takes effect on the day after publication, except as follows:
(1) The treatment of section 97.42 (2) (a) (by Section 24) and (4m) of the statutes takes effect on the first day of the 25th month beginning after publication.
