LRB-1737/1
MCP:jld
2015 - 2016 LEGISLATURE
January 7, 2016 - Introduced by Representatives Nerison, Ballweg, E. Brooks, T.
Larson, Murtha, A. Ott and Tauchen, cosponsored by Senators Moulton and
Ringhand. Referred to Committee on Agriculture.
AB644,2,2
1An Act to repeal 97.42 (1) (a), 97.42 (1) (c), 97.42 (1) (d) 2., 97.42 (1) (g), 97.42
2(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;
3to amend 97.42 (title), 97.42 (1) (b), 97.42 (1) (d) (intro.), 97.42 (1) (d) 3., 97.42
4(1) (e), 97.42 (1) (f), 97.42 (1) (fm), 97.42 (1) (h), 97.42 (1) (i), 97.42 (1) (k), 97.42
5(1) (L), 97.42 (2) (a), 97.42 (2) (a), 97.42 (2) (b), 97.42 (2) (c), 97.42 (3) (a), 97.42
6(3) (b), 97.42 (3) (c), 97.42 (3) (d), 97.42 (3) (e), 97.42 (3) (em), 97.42 (3) (f), 97.42
7(4) (a), 97.42 (4) (b), 97.42 (4) (d), 97.42 (4) (e) 2., 97.42 (4) (e) 3., 97.42 (4) (f),
897.42 (4) (g), 97.42 (4) (h), 97.42 (4) (i), 97.42 (4m), 97.42 (6) (a) (intro.), 97.42
9(6) (b), 97.42 (6) (c), 97.42 (6) (d), 97.42 (7), 97.42 (9) (a), 97.42 (9) (b) 1., 97.42
10(9) (b) 2., 97.42 (10) and 97.42 (11); and
to create 97.42 (1) (bg), 97.42 (1) (br),
1197.42 (1) (cm), 97.42 (1) (em), 97.42 (2) (bg) and 97.42 (3) (cm) of the statutes;
1relating to: regulation of establishments where animals are slaughtered or
2meat is processed, and granting rule-making authority.
Analysis by the Legislative Reference Bureau
Under current law, the Department of Agriculture, Trade and Consumer
Protection (DATCP) administers a licensing and inspection program for meat and
poultry slaughtering and processing. Current law generally requires, with some
exceptions, certain establishments that slaughter animals or poultry, or that process
meat products or poultry products, to be licensed and pay an annual license fee; and
for inspectors who are supervised by DATCP to inspect animals and poultry before
they are slaughtered, and to inspect and label their carcasses after slaughter. This
bill makes the following changes to the program.
Terminology
This bill combines the definitions of "carcass," "meat food products," "meat
products," and "poultry products" into a single defined term, "meat or poultry
products." The bill replaces the term "animal" with "livestock," and eliminates the
term "unwholesome" in favor of the term "adulterated" as that term is defined in the
federal Food, Drug, and Cosmetic Act. The bill also combines the definitions of
"mobile processor" and "mobile slaughterer" into a single definition for "mobile
processor."
License fees
Current law requires certain establishments that slaughter livestock or
poultry, or that process meat or poultry products, to pay an annual license fee of $200.
Establishments that only slaughter uninspected livestock or poultry or process
uninspected meat or poultry products as a custom service pay a reduced annual
license fee of $80.
This bill requires DATCP to set, by rule, the annual license fees for
establishments based on the type of inspection required, which are not to exceed
$200, and to establish a reduced annual license fee for establishments that only
slaughter livestock or poultry or process meat or poultry products as a custom
service.
Exemptions
Current law also creates an exemption to the licensing and fee requirements for
establishments that only process meat or poultry products for retail sale directly to
customers on the premises, if only inspected meat or poultry products are allowed on
the premises, and if sales to restaurants and institutions do not exceed either 25
percent of the establishment's sales or $28,800 annually, whichever amount is less.
This bill changes the third requirement to this exemption so that sales to hotels,
restaurants, and institutions must not exceed either 25 percent of the
establishment's gross annual value of sales of meat or poultry products or the
adjusted dollar limitation that is published by the federal Department of
Agriculture, whichever is less.
This bill creates additional exemptions to the licensing and fee requirements
for establishments that meet certain federal Department of Agriculture
requirements, including establishments that prepare ready-to-eat pizzas
containing meat or poultry and transport them directly to a public or private
nonprofit institution to be served, or that prepare ready-to-eat meat or poultry food
items at a central kitchen and transport them to be served as meals to customers at
restaurants or vending machines owned by the same company as the central kitchen.
This bill also creates an exemption to the licensing and inspection requirements for
establishments that slaughter or process captive game animals and captive game
birds, as defined in the bill. The bill also requires DATCP to provide voluntary
inspection services upon request to licensed establishments for the slaughter of
captive game animal and captive game bird species designated by DATCP by rule as
eligible for those services. The bill also requires the establishment requesting the
inspection services to reimburse DATCP for the cost of the services, at rates to be
established by DATCP by rule.
Inspections
Current law allows DATCP to suspend an inspection at an establishment for
acts that substantially impair an inspector's ability to conduct an orderly inspection.
This bill adds the requirement that DATCP must provide written notice of
suspension of the inspection.
Other
Current law requires the operator of a licensed establishment to comply with
specific federal Department of Agriculture regulations. This bill instead requires
operators to comply with federal requirements as provided in rules that are
promulgated by DATCP.
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: