2015 WISCONSIN ACT 243
An Act to repeal 97.42 (1) (a), 97.42 (1) (c), 97.42 (1) (d) 2., 97.42 (1) (g), 97.42 (1) (j), 97.42 (1) (m), 97.42 (1) (o), 97.42 (4) (c), 97.42 (5), 97.42 (6) (a) 4. and 97.45; to amend 97.42 (title), 97.42 (1) (b), 97.42 (1) (d) (intro.), 97.42 (1) (d) 3., 97.42 (1) (e), 97.42 (1) (f), 97.42 (1) (fm), 97.42 (1) (h), 97.42 (1) (i), 97.42 (1) (k), 97.42 (1) (L), 97.42 (2) (a), 97.42 (2) (a), 97.42 (2) (b), 97.42 (2) (c), 97.42 (3) (a), 97.42 (3) (b), 97.42 (3) (c), 97.42 (3) (d), 97.42 (3) (e), 97.42 (3) (em), 97.42 (3) (f), 97.42 (4) (a), 97.42 (4) (b), 97.42 (4) (d), 97.42 (4) (e) 2., 97.42 (4) (e) 3., 97.42 (4) (f), 97.42 (4) (g), 97.42 (4) (h), 97.42 (4) (i), 97.42 (4m), 97.42 (6) (a) (intro.), 97.42 (6) (b), 97.42 (6) (c), 97.42 (6) (d), 97.42 (7), 97.42 (9) (a), 97.42 (9) (b) 1., 97.42 (9) (b) 2., 97.42 (10) and 97.42 (11); and to create 97.42 (1) (bg), 97.42 (1) (br), 97.42 (1) (cm), 97.42 (1) (em), 97.42 (2) (bg) and 97.42 (3) (cm) of the statutes;
relating to: regulation of establishments where animals are slaughtered or meat is processed, and granting rule-making authority.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
243,1
Section
1. 97.42 (title) of the statutes is amended to read:
97.42 (title) Compulsory inspection of animals, livestock or poultry, and meat or poultry
and carcasses products.
243,2
Section
2. 97.42 (1) (a) of the statutes is repealed.
243,3
Section
3. 97.42 (1) (b) of the statutes is amended to read:
97.42 (1) (b) "Capable of use as human food" applies to any carcass or part of a carcass of any animal or poultry or animal meat or poultry product unless it is denatured or otherwise, identified as unfit for human consumption as required by department rules, or is naturally inedible by humans.
243,4
Section
4. 97.42 (1) (bg) of the statutes is created to read:
97.42 (1) (bg) "Captive game animal" means an animal of a normally wild type that is produced in captivity for slaughter and consumption. "Captive game animal" does not include a farm-raised deer, ratite, captive game bird, fish, or an animal that is kept solely for hunting purposes at a hunting preserve.
243,5
Section
5. 97.42 (1) (br) of the statutes is created to read:
97.42 (1) (br) "Captive game bird" means a bird of a normally wild type that is produced in captivity for slaughter and consumption, including a pheasant, quail, wild turkey, migratory wildfowl, or other bird that the department designates as a captive game bird by rule. "Captive game bird" does not include poultry, ratites, or birds kept solely for hunting purposes at a hunting preserve.
243,6
Section
6. 97.42 (1) (c) of the statutes is repealed.
243,7
Section
7. 97.42 (1) (cm) of the statutes is created to read:
97.42 (1) (cm) "Denature" means to intentionally make an item unfit for human consumption by adding a substance to it to alter the item's appearance or other natural characteristics.
243,8
Section
8. 97.42 (1) (d) (intro.) of the statutes is amended to read:
97.42 (1) (d) (intro.) "Establishment" means a plant or premises, including retail premises, where animals livestock or poultry are slaughtered for human consumption, or a plant or premises, including retail premises, where meat or poultry products or meat food products are processed, but shall does not include any of the following:
243,9
Section
9. 97.42 (1) (d) 2. of the statutes is repealed.
243,10
Section
10. 97.42 (1) (d) 3. of the statutes is amended to read:
97.42 (1) (d) 3. Premises of a person who is the owner of the animals livestock or poultry to be slaughtered or of carcasses the meat or poultry products to be processed, and if the resulting product is for exclusive use by him or her and the owner, members of his or her the owner's household and his or her, or the owner's nonpaying guests and employees.
243,11
Section
11. 97.42 (1) (e) of the statutes is amended to read:
97.42 (1) (e) "Inspector" means any person employed by the department or any cooperating agency who is or authorized by the department to do any work or perform any duty in connection with the department's meat and poultry inspection program.
243,12
Section
12. 97.42 (1) (em) of the statutes is created to read:
97.42 (1) (em) "Livestock" means cattle, sheep, swine, goats, farm-raised deer, alpacas, llamas, bison, ratites, rabbits, and other species that the department designates as livestock by rule.
243,13
Section
13. 97.42 (1) (f) of the statutes is amended to read:
97.42 (1) (f) "Meat broker" means any person engaged in the business of buying or selling meat and or poultry products, or meat and poultry food products on commission, or otherwise negotiating purchases or sales of such articles meat or poultry products other than for the person's own account or as an employee of another person.
243,14
Section
14. 97.42 (1) (fm) of the statutes is amended to read:
97.42 (1) (fm) "Meat distributor" means a person who is engaged in the business of distributing in this state meat and or poultry products at wholesale.
243,15
Section
15. 97.42 (1) (g) of the statutes is repealed.
243,16
Section
16. 97.42 (1) (h) of the statutes is amended to read:
97.42 (1) (h) "Meat products" and "or poultry products" means the carcasses or any parts, including the viscera, of carcasses of animals and slaughtered livestock or poultry that are capable of use as human food.
243,17
Section
17. 97.42 (1) (i) of the statutes is amended to read:
97.42 (1) (i) "Mobile processor" means a person, other than the owner of the livestock or poultry being slaughtered or the meat or poultry products being processed, who provides a meat processing service to slaughters livestock or poultry or processes meat or poultry products for the general public for compensation other than the trading of services on an exchange basis, and conducts the meat slaughtering or processing at the premises of the owner of the carcasses livestock or poultry being slaughtered or the meat or poultry products being processed.
243,18
Section
18. 97.42 (1) (j) of the statutes is repealed.
243,19
Section
19. 97.42 (1) (k) of the statutes is amended to read:
97.42 (1) (k) "Official inspection mark" means the symbol formulated under the rules of the department to state indicate that the meat
, or poultry or product was inspected pursuant to such the department's rules.
243,20
Section
20. 97.42 (1) (L) of the statutes is amended to read:
97.42 (1) (L) "Poultry" means any domesticated
fowl birds, including but not limited to chickens, turkeys, geese, ducks, or guineas, but shall does not include commercially produced captive game birds or ratites.
243,21
Section
21. 97.42 (1) (m) of the statutes is repealed.
243,22
Section
22. 97.42 (1) (o) of the statutes is repealed.
243,23
Section
23. 97.42 (2) (a) of the statutes is amended to read:
97.42
(2) (a)
No Subject to pars. (b) and (bg), no person may operate an establishment
as defined in sub. (1) (d) without a valid license issued by the department
for each such establishment. That license expires on June 30 annually, except that a license issued for a new establishment on or after March 30 but before July 1 expires on June 30 of the following year. No license may be issued unless the applicant has complied with the requirements of this section. The annual license fee is $200, except the annual license fee shall be $80 for those establishments engaged only in slaughtering uninspected
animals
livestock or poultry or processing uninspected meat
or poultry products as a custom service,
and but not
in for other operations
subject to for which a license under this section
is required. No person may be required to obtain a license under s. 97.29 or 97.30 for activities licensed under this section or
which is for establishments inspected under
21 USC 451 to
472 and 601 to 695.
243,24
Section
24
. 97.42 (2) (a) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:
97.42
(2) (a) Subject to pars. (b) and (bg), no person may operate an establishment without a valid license issued by the department. That license expires on June 30 annually, except that a license issued for a new establishment on or after March 30 but before July 1 expires on June 30 of the following year. No license may be issued unless the applicant has complied with the requirements of this section. The
department shall establish by rule the annual license
fee is fees for establishments, not to exceed $200,
except the based on the type of mandatory inspection required to be performed at the establishment. The department shall establish a reduced annual license fee
shall be $80 for those establishments engaged only in slaughtering uninspected livestock or poultry or processing uninspected meat or poultry products as a custom service, but not for other operations for which a license under this section is required. No person may be required to obtain a license under s. 97.29 or 97.30 for activities licensed under this section or for establishments inspected under
21 USC 451 to
472 and
601 to
695.
243,25
Section
25. 97.42 (2) (b) of the statutes is amended to read:
97.42
(2) (b) Paragraph (a) does not apply to any person operating an establishment that only processes meat or poultry products
, or meat or poultry food products, for sale directly to consumers at retail on the premises where the products were processed
, if only inspected meat
is or poultry products are permitted on the premises and sales to
hotels, restaurants
, and institutions are restricted to 25% of the
volume gross annual value of meat
or poultry product sales or
$28,800 annually the adjusted dollar limitation published by the federal department of agriculture under 9 CFR 303.1 (d) (2) (iii) (b), whichever is less. No person exempt from licensure under this paragraph may sell any cured, smoked,
seasoned, canned
, or cooked meat
food or poultry products produced by that person to
hotels, restaurants
, or institutions.
243,26
Section
26. 97.42 (2) (bg) of the statutes is created to read:
97.42
(2) (bg) Paragraph (a) does not apply to any person operating an establishment that meets the requirements under
9 CFR 303.1 (d) (2) (iv)
(c) or (e) (1), or 381.10 (d) (2) (iv)
(c) or (e) (1).
243,27
Section
27. 97.42 (2) (c) of the statutes is amended to read:
97.42 (2) (c) No person may operate as a mobile slaughterer or as a mobile processor without an annual registration certificate issued by the department, except that no registration certificate is required for a mobile slaughterer or a mobile processor who holds a license issued under par. (a). A registration certificate expires on June 30, annually. An application for an annual registration certificate shall be submitted on a form provided by the department and shall include information reasonably required by the department for registration purposes. The department shall promulgate rules regulating mobile slaughterers and mobile processors, including rules related to facilities, sanitation, identification of carcasses, and record keeping.
243,28
Section
28. 97.42 (3) (a) of the statutes is amended to read:
97.42 (3) (a) Examination before slaughter. For the purpose of preventing the sale and use in this state of meat products and or poultry products
which that are unwholesome adulterated or otherwise unfit for not capable of use as human food, the department shall cause to be made, by inspectors who may be veterinarians on either a full-time or part-time basis, under supervision of the department, an examination and inspection of all animals livestock and poultry before they are slaughtered in any establishment, except as provided in pars. (d) and (em). All animals livestock and poultry found on such inspection to show symptoms of disease shall be condemned or set apart and slaughtered separately from all other animals livestock and poultry, and when so slaughtered the carcasses meat or poultry products thereof shall be subject to careful examination, inspection, and disposition, in accordance with rules issued by the department.
243,29
Section
29. 97.42 (3) (b) of the statutes is amended to read:
97.42 (3) (b) Examination after slaughter. For the purpose stated in par. (a), the department shall cause to be made, by inspectors under supervision of the department, who may be veterinarians on either a full-time or part-time basis, under supervision of the department, an examination and inspection of the carcasses and parts thereof meat or poultry products of all animals livestock and poultry slaughtered at any establishment, except as provided in pars. (d) and (em). The carcasses and parts thereof of all animals and Meat or poultry
products found to be wholesome and fit for not adulterated and capable of use as human food shall be marked, stamped, tagged, or labeled by inspectors as "Wis. inspected and passed". Inspectors shall mark, stamp, tag, or label as "Wis. inspected and condemned" all carcasses and parts thereof of animals and meat or poultry products found to be unwholesome or otherwise unfit for human food
adulterated or otherwise not capable of use as human food, and all carcasses and parts thereof meat or poultry products so inspected and condemned shall be destroyed, in accordance with rules issued by the department. Inspection marks, stamps, tags, and labels shall be prescribed by the department and shall include thereon the identification number of the establishment assigned by the department.
243,30
Section
30. 97.42 (3) (c) of the statutes is amended to read:
97.42 (3) (c) Reexaminations. Inspectors shall, when deemed advisable, reinspect carcasses, parts thereof or meat food or poultry products to determine whether the same they have become unwholesome adulterated or in any other way unfit for otherwise not capable of use as human food. If any carcasses, parts thereof or meat food or poultry products, upon a reexamination, are found to be unwholesome adulterated or otherwise unfit for not capable of use as human food, they shall be destroyed, in accordance with rules issued by the department.
243,31
Section
31. 97.42 (3) (cm) of the statutes is created to read:
97.42 (3) (cm) Voluntary reimbursable inspection services. The department shall provide slaughter inspection services for licensed establishments for certain captive game animals and captive game birds, and shall designate by rule the species of captive game animals and captive game birds for which these services may be provided. The establishment requesting these services shall reimburse the department for the actual cost of providing the services at rates established by rule by the department.
243,32
Section
32. 97.42 (3) (d) of the statutes is amended to read:
97.42 (3) (d) Custom service slaughtering. This subsection shall does not apply to animals livestock and poultry slaughtered as a custom service for the owner of the livestock or poultry exclusively for use by the owner and, members of the owner's household
, and the owner's nonpaying guests and employees, unless department inspection is specifically requested and performed at establishments where examinations before and after slaughter are otherwise required. The rules of the department shall make provision for the furnishing of such
this inspection service, subject to availability of inspector personnel, and for the identification of all animals
livestock and poultry custom slaughtered for the owners thereof without department inspection.
243,33
Section
33. 97.42 (3) (e) of the statutes is amended to read:
97.42 (3) (e) Periodic inspections. The department shall make periodic inspections of construction, operation, facilities, equipment, labeling, sanitation, and wholesomeness of practices for ensuring meat and or poultry products, and meat food products are not adulterated, at establishments or any other premises, including vehicles engaged in transportation of such meat or poultry products. Inspection of products and plant operations shall cover such operations such as cutting and boning, curing and smoking, grinding and fabrication, manufacturing, packaging, labeling, storage and transportation. Periodic inspections of processing operations shall be conducted as uniformly as possible among establishments subject to overtime inspection under sub. (4) (f) to avoid the imposition of undue inspection fees against any establishment. Inspections at overtime rates shall only be held where necessary to assure wholesomeness and
the safety of products for human consumption and compliance with the requirements of this section and rules of the department.
243,34
Section
34. 97.42 (3) (em) of the statutes is amended to read:
97.42 (3) (em) Slaughter of farm-raised deer. The requirements of pars. (a) and (b) do not apply to the slaughter of a farm-raised deer if its meat food products are not sold by a person holding a restaurant permit under s. 254.64 or by an operator of a retail food establishment, as defined under s. 97.30 (1) (c). The operator of an establishment in which farm-raised deer, their carcasses or their meat food products are examined and inspected under this subsection shall pay the department for the cost of the department's examination and inspection.
243,35
Section
35. 97.42 (3) (f) of the statutes is amended to read:
97.42 (3) (f) Label requirements. In addition to label requirements otherwise provided by law, meat food
or poultry products shall bear a label, stamp, mark or tag including thereon the official inspection mark and identification number of the establishment where processed. Meat and or poultry products processed and sold at retail to household consumers on the premises shall
do not require official inspection marks and identification numbers.
243,36
Section
36. 97.42 (4) (a) of the statutes is amended to read:
97.42 (4) (a) The inspection before and after slaughter of all animals livestock and poultry killed or dressed for human consumption at any establishment.
243,37
Section
37. 97.42 (4) (b) of the statutes is amended to read:
97.42 (4) (b) The inspection and marking of carcasses or parts thereof meat or poultry products intended for human consumption, and prohibiting the unauthorized use of any official inspection mark or simulation or counterfeit thereof.
243,38
Section
38. 97.42 (4) (c) of the statutes is repealed.
243,39
Section
39. 97.42 (4) (d) of the statutes is amended to read:
97.42 (4) (d) The seizure, retention, and destruction for human consumption of any animal livestock or poultry, carcasses, parts thereof, or meat food or poultry products which have not been inspected or passed or are unwholesome or adulterated or misbranded, for the purpose of preventing human consumption.
243,40
Section
40. 97.42 (4) (e) 2. of the statutes is amended to read:
97.42 (4) (e) 2. The rate of slaughter for the different classes of animals livestock and poultry conform to reasonable minimums minimum levels per hour;
243,41
Section
41. 97.42 (4) (e) 3. of the statutes is amended to read:
97.42 (4) (e) 3. Inspection of animals livestock and poultry slaughtered as a custom service be restricted to the time of the regular slaughter schedule fixed for the establishment. When inspection is provided for custom slaughtering and custom processing the inspection shall be conducted in accordance with sub. (3) (a) to (c) and rules prescribed under this subsection; and
