SB513,5,2420
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.
SB513,14
25Section
14. 97.42 (1) (fm) of the statutes is amended to read:
SB513,6,2
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.
SB513,15
3Section
15. 97.42 (1) (g) of the statutes is repealed.
SB513,16
4Section
16. 97.42 (1) (h) of the statutes is amended to read:
SB513,6,75
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.
SB513,17
8Section
17. 97.42 (1) (i) of the statutes is amended to read:
SB513,6,159
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.
SB513,18
16Section
18. 97.42 (1) (j) of the statutes is repealed.
SB513,19
17Section
19. 97.42 (1) (k) of the statutes is amended to read:
SB513,6,2018
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.
SB513,20
21Section
20. 97.42 (1) (L) of the statutes is amended to read:
SB513,6,2422
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.
SB513,21
25Section
21. 97.42 (1) (m) of the statutes is repealed.
SB513,22
1Section
22. 97.42 (1) (o) of the statutes is repealed.
SB513,23
2Section
23. 97.42 (2) (a) of the statutes is amended to read:
SB513,7,153
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.
SB513,24
16Section
24
. 97.42 (2) (a) of the statutes, as affected by 2015 Wisconsin Act ....
17(this act), is amended to read:
SB513,8,618
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.
SB513,25
7Section
25. 97.42 (2) (b) of the statutes is amended to read:
SB513,8,188
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.
SB513,26
19Section
26. 97.42 (2) (bg) of the statutes is created to read:
SB513,8,2220
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).
SB513,27
23Section
27. 97.42 (2) (c) of the statutes is amended to read:
SB513,9,824
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.
SB513,28
9Section
28. 97.42 (3) (a) of the statutes is amended to read:
SB513,9,2110
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.
SB513,29
22Section
29. 97.42 (3) (b) of the statutes is amended to read:
SB513,9,2523
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.
SB513,30
15Section
30. 97.42 (3) (c) of the statutes is amended to read:
SB513,10,2216
97.42
(3) (c)
Reexaminations. Inspectors shall, when deemed advisable,
17reinspect c
arcasses, 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.
SB513,31
23Section
31. 97.42 (3) (cm) of the statutes is created to read:
SB513,11,524
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.
SB513,32
6Section
32. 97.42 (3) (d) of the statutes is amended to read:
SB513,11,167
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.
SB513,33
17Section
33. 97.42 (3) (e) of the statutes is amended to read:
SB513,12,618
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.
SB513,34
7Section
34. 97.42 (3) (em) of the statutes is amended to read:
SB513,12,148
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.
SB513,35
15Section
35. 97.42 (3) (f) of the statutes is amended to read:
SB513,12,2116
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.
SB513,36
22Section
36. 97.42 (4) (a) of the statutes is amended to read:
SB513,12,2423
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.
SB513,37
25Section
37. 97.42 (4) (b) of the statutes is amended to read:
SB513,13,3
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.
SB513,38
4Section
38. 97.42 (4) (c) of the statutes is repealed.
SB513,39
5Section
39. 97.42 (4) (d) of the statutes is amended to read:
SB513,13,96
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.
SB513,40
10Section
40. 97.42 (4) (e) 2. of the statutes is amended to read:
SB513,13,1211
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;
SB513,41
13Section
41. 97.42 (4) (e) 3. of the statutes is amended to read:
SB513,13,1814
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
SB513,42
19Section
42. 97.42 (4) (f) of the statutes is amended to read:
SB513,14,620
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.
SB513,43
7Section
43. 97.42 (4) (g) of the statutes is amended to read:
SB513,14,128
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.
SB513,44
13Section
44. 97.42 (4) (h) of the statutes is amended to read:
SB513,14,1714
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.
SB513,45
18Section
45. 97.42 (4) (i) of the statutes is amended to read:
SB513,14,2219
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.
SB513,46
23Section
46. 97.42 (4m) of the statutes is amended to read:
SB513,15,424
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.
SB513,47
5Section
47. 97.42 (5) of the statutes is repealed.
SB513,48
6Section
48. 97.42 (6) (a) (intro.) of the statutes is amended to read:
SB513,15,127
97.42
(6) (a) (intro.) No person
shall
may slaughter any
animals livestock or
8poultry for the purpose of selling the meat
products or poultry products thereof for
9human food, or sell, offer for sale
, or have in his or her possession with intent to sell
10such any meat
products or poultry products for human food, unless
such animals and 11the livestock or poultry and the
carcasses meat or poultry products thereof have been
12first inspected and approved as provided by any of the following:
SB513,49
13Section
49. 97.42 (6) (a) 4. of the statutes is repealed.
SB513,50
14Section
50. 97.42 (6) (b) of the statutes is amended to read:
SB513,15,1915
97.42
(6) (b) No person
shall may sell, offer for sale
, or have in
his or her 16possession with intent to sell any meat or poultry products
, or meat food products 17unless
they those products have been processed in accordance with this section
, or 18the federal meat inspection act
, or county or municipal ordinances approved by the
19department.
SB513,51
20Section
51. 97.42 (6) (c) of the statutes is amended to read:
SB513,15,2321
97.42
(6) (c) No person
shall may slaughter horses, mules
, or other equines or
22process equine carcasses or meat at establishments where
other animals livestock 23or poultry are slaughtered or where
other meat or poultry products are processed.
SB513,52
24Section
52. 97.42 (6) (d) of the statutes is amended to read:
SB513,16,6
197.42
(6) (d) No county or municipality
shall may prohibit the sale of any meat
2products or poultry products if
such
the meat
products or poultry products are
3inspected and passed by the department
, or by the
U.S. federal department of
4agriculture
, or by a county or municipal inspection service approved by the
5department, provided
such the meat
products and or poultry products are
wholesome
6and not
adulterated or misbranded at the time of sale.
SB513,53
7Section
53. 97.42 (7) of the statutes is amended to read:
SB513,16,158
97.42
(7) Right of access. No person
shall may prevent or attempt to prevent
9an inspector or other officer or agent of the department from entering, at any time,
10any establishment or any other place where meat
products or poultry products
, or
11foods derived therefrom, are processed, sold
, or held for sale, for the purpose of any
12examination, inquiry
, or inspection in connection with the administration and
13enforcement of this section. The examination, inquiry
, or inspection may include
14taking samples, pictures
, and documentary and physical evidence pertinent to
15enforcement of this section.
SB513,54
16Section
54. 97.42 (9) (a) of the statutes is amended to read:
SB513,16,2417
97.42
(9) (a) When in the opinion of the department, the use of any equipment,
18utensil, container, compartment, room
, or
facilities facility which is unclean or
19unsanitary or improperly constructed could lead to contamination of
the a meat or
20poultry product, the department may attach a "Rejected" tag to
it the item, room, or
21facility. No equipment, utensil, container, compartment, room
, or facility so tagged
22may be used until made acceptable and released by a department representative, or
23until
such equipment that item, room, or facility is replaced with
an acceptable
24equipment item, room, or facility.
SB513,55
25Section
55. 97.42 (9) (b) 1. of the statutes is amended to read:
SB513,17,11
197.42
(9) (b) 1. When in the opinion of the department any
carcass, meat or
2poultry product
, meat food product, or supplies or ingredients used in the processing
3thereof
, may be
unwholesome, adulterated or misbranded, or otherwise fail to meet
4standards or requirements of this section or rules adopted under this section, the
5department may tag
them the product, supplies, or ingredients with a "Retained" tag
6to hold them for further inspection, analysis
, or examination. No
carcass, meat or
7poultry product,
meat food product, or supplies
, or ingredients so tagged may be
8used, removed from the premises
, or otherwise disposed of unless released by a
9department representative.
Such products A tagged item may not be retained for
10more than 30 days without prior notice to the owner or custodian and the right to an
11immediate hearing.
SB513,56
12Section
56. 97.42 (9) (b) 2. of the statutes is amended to read:
SB513,17,2213
97.42
(9) (b) 2. When in the opinion of the department any
carcass, meat or
14poultry product, or supplies or ingredients used in the processing thereof
, is
15unwholesome, adulterated or misbranded, or otherwise
fail fails to meet standards
16or requirements of this section or rules adopted under this section, the department
17may tag
them the product, supplies, or ingredients with a "Detained" tag to hold
18them for destruction or other disposition. No
carcass, meat or poultry product,
meat
19food product, or supplies
, or ingredients so tagged may be used, removed from the
20premises
, or otherwise disposed of unless released by a department representative.
21Such products A tagged item may not be destroyed or detained for more than 30 days
22without prior notice to the owner or custodian and the right to an immediate hearing.
SB513,57
23Section
57. 97.42 (10) of the statutes is amended to read:
SB513,18,1024
97.42
(10) Suspension. The department may, upon written notice, summarily
25suspend the operations in whole or in part at any establishment for substantial
1violations of this section or rules issued hereunder when, in the opinion of the
2department, a continuation of the operation would constitute an imminent danger
3to public health. The department may
, upon written notice, summarily suspend
4inspection at any establishment for acts punishable under sub. (8) where
such those 5acts substantially impair an inspector's ability to conduct an orderly inspection.
6Upon suspension of operations or inspection, the operator of the establishment may
7demand a hearing to determine whether the suspension should be vacated. The
8department shall, within 5 days after receipt of
such
the demand, hold a hearing and
9adjudicate the issues as provided in ch. 227. A demand for hearing
shall does not
,
10however, operate to stay the suspension pending the hearing.
SB513,58
11Section
58. 97.42 (11) of the statutes is amended to read:
SB513,18,2212
97.42
(11) Exemption. This section
shall does not apply to owners of poultry
13with respect to poultry produced on the owner's farm, provided his or her sales do not
14exceed 1,000
fowl birds annually, and the birds are labeled and tagged to identify the
15name and address of the producer and are marked "NOT INSPECTED". Persons
16processing more than 1,000
fowl birds but less than 20,000
fowl birds shall be fully
17subject to the provisions of this section relating to licensing, sanitation, facilities
, and
18wholesomeness of practices for ensuring product
. If is not adulterated, except that,
19if the department determines that the protection of consumers from
unwholesome 20adulterated poultry products will not be impaired, it may exempt
such these persons
21from sub. (3) (a) and (b) provided the birds are labeled or tagged to identify the name
22and address of the producer and are marked "NOT INSPECTED".
SB513,59
23Section
59. 97.45 of the statutes is repealed.
SB513,60
24Section
60.
Effective dates. This act takes effect on the day after publication,
25except as follows:
SB513,19,2
1(1)
The treatment of section 97.42 (2) (a) (by
Section 24) and (4m) of the
2statutes takes effect on the first day of the 25th month beginning after publication.