Animals that Cannot Stand or Walk
A person may not slaughter for human consumption, or submit for slaughter for human consumption, a food animal that cannot stand or walk without assistance. But this prohibition does not apply to any of the following:
• An animal slaughtered at a licensed meat establishment, subject to DATCP inspection. The meat establishment must be properly equipped to handle animals that cannot stand or walk, and a DATCP veterinarian must perform the ante mortem and post mortem inspection.
• A slaughter performed at a meat establishment inspected by USDA.
• The mobile custom slaughter of an injured (not diseased) animal, if the slaughter complies with this rule. The animal owner must certify (see above) that the animal is merely injured, not diseased. If the animal was injured more than 24 hours prior to slaughter, a licensed practicing veterinarian must perform an ante mortem and post mortem inspection.
An animal that cannot stand or walk must be treated humanely. A meat establishment operator must have proper equipment for moving the animal humanely. A DATCP veterinarian inspecting the slaughter may order the animal held for up to 24 hours for further observation. If the animal has been treated with drugs for which the prescribed withdrawal time has not elapsed, the DATCP veterinarian must condemn the animal or hold it until the withdrawal time elapses.
Carcasses and Meat Received for Processing
A meat establishment operator must examine all carcasses and meat received for processing at a meat establishment. An operator may not receive, into any processing or storage area, any unclean or apparently unwholesome carcass or meat.
A meat establishment operator may not process any meat produced by the custom slaughter of a diseased animal. An operator may custom process meat produced by the custom slaughter of an injured (not diseased) food animal if one of the following applies:
• The animal was injured within 24 hours prior to slaughter.
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A licensed practicing veterinarian performs an ante mortem and post mortem inspection of the slaughtered animal, and certifies that the meat is wholesome.
Condemned Animals and Meat
No person may slaughter, for human consumption, a food animal condemned by DATCP. If DATCP condemns a food animal on ante mortem inspection, the meat establishment operator must kill the animal and inject it with denaturant to make it inedible.
No person may process or sell, for human consumption, any meat condemned by DATCP. A meat establishment operator must denature or de-characterize the condemned meat so it is no longer edible. Containers used for condemned meat must be conspicuously marked “INEDIBLE."
Humane Slaughter
Persons slaughtering food animals must use humane methods. This rule specifies some humane slaughter methods, and requires meat establishment operators to handle animals humanely pending slaughter.
Slaughter and Processing Records
A person who slaughters any food animal for human consumption, or who processes the meat of any food animal for human consumption, must keep records including:
• The date and time of slaughter or processing.
• The number and type of animals slaughtered, and the disposition of the carcasses.
• The type and amount of meat processed, and the disposition of that meat.
• Certificates signed by persons submitting diseased or injured animals for slaughter (see above).
The person must keep the records for at least 3 years, and make the records available for inspection and copying by DATCP upon request. This rule does not require a meat establishment operator to duplicate slaughter records kept by a DATCP inspector at that meat establishment.
Custom Slaughter and Processing
A person providing a custom slaughter or custom processing service must do all the following:
• Hold an annual meat establishment license if required (see above).
• Hold an annual registration certificate if engaged in mobile custom slaughter or mobile custom processing (see below). A licensed meat establishment operator is not required to hold a mobile registration certificate.
• Comply with applicable slaughter and processing standards (see above).
• Label all the resulting meat products “NOT FOR SALE," and return them to the service recipient. Products must also be labeled with the service provider's name, license number or registration number.
• Comply with applicable requirements related to mobile custom slaughter or mobile custom processing (see below) if the person provides mobile custom services.
• Conduct custom slaughter and processing operations in a humane and sanitary manner.
• Keep records required under this rule.
Mobile Custom Slaughter and Processing
A person providing mobile custom slaughter or mobile custom processing services must do all the following:
• Comply with applicable requirements related to custom slaughtering and processing (see above).
• Hold an annual registration certificate from DATCP unless the person holds an annual meat establishment license (see above). A person must apply for an annual certificate in writing, on a form provided by DATCP. There is no charge for the registration certificate.
Mobile custom slaughter and processing operations must be clean and sanitary. Equipment must be of sanitary design, and must be kept in clean and sanitary condition. Meat contact surfaces of equipment and utensils must be cleaned and sanitized after each use, and more often as necessary. Personnel must follow proper sanitation practices. There must be an adequate supply of water to clean carcasses and equipment.
A person performing a mobile custom slaughter must return the resulting meat to the service recipient at the slaughter site, except that the service provider may transport a carcass to a licensed meat establishment for custom processing. Carcasses must be transported in a sanitary manner.
A person providing mobile custom slaughter or processing services must file a monthly report with DATCP. The report must include all the following:
• The name and address of each service recipient.
• The number and type of animals slaughtered for each service recipient.
• The date of each slaughter.
• The disposition of each carcass. If a carcass is transported to another location for further processing, the report must identify that location.
Labeling Inspected Meat
A meat establishment operator who processes DATCP-inspected meat must label the resulting meat products with a state inspection legend. The inspection legend normally consists of an outline map of Wisconsin enclosing the words “WIS. INSPECTED" and the meat establishment number. However, an equilateral triangle is used instead of a Wisconsin outline map if the meat comes from farm-raised deer, captive game animals or captive game birds.
Federal law prohibits the sale of state-inspected meat (meat required to bear a Wisconsin outline inspection legend) to other states. But this prohibition does not apply to state-inspected meat from farm-raised deer, captive game animals or captive game birds (meat required to bear a triangular inspection legend).
Meat Labeling; General
Meat must be labeled according to this rule and ch.
ATCP 90 (fair packaging and labeling). Meat and meat food products offered for sale must be labeled with all the following:
• The name of the meat or meat food product.
• The net weight of the meat or meat food product.
• The name and address of the processor or distributor.
• A state or federal inspection legend, if required (see above).
• An ingredient statement if the product contains 2 or more ingredients.
• Safe handling instructions if required under
9 CFR 317.2(l).
• Appropriate statements identifying perishable products.
No person may sell any misbranded meat or make any false, deceptive or misleading representation in connection with the sale of meat. No person may misrepresent the identity of any meat product. Product identification must comply with standards of identity contained in
9 CFR 319.
This rule prohibits a person from doing any of the following:
• Applying any false mark, legend or label to meat.
• Misrepresenting that meat has been inspected, or misrepresenting inspection findings.
• Misrepresenting that meat has been processed at a licensed meat establishment, or is derived from carcasses inspected and passed by DATCP.
• Counterfeiting or misusing any meat inspection mark, label or marking device.
• Wrongfully removing a required mark or label from meat.
• Selling, transporting or storing improperly marked or labeled meat.
Meat Labels; Pre-approval
This rule eliminates the current requirement for DATCP pre-approval of meat labels, unless one of the following applies:
• The meat label makes health, quality or nutritional claims.
• The meat is derived from captive game animals or captive game birds.
• The meat label makes claims related to organizational membership or standards.
Meat Formulas
Under this rule, as under current law, DATCP must pre-approve meat product formulas for compliance with applicable requirements related to food safety and standards of identity.
Transporting Meat
Under this rule, a person must transport meat in a manner that keeps the meat wholesome and unadulterated. The internal temperatures of refrigerated products may not exceed 40° F. at the time of delivery. Transportation vehicles and facilities must be adequate to ensure proper sanitation and food safety, and must be kept in clean and sanitary condition.
Meat Brokers and Distributors
A “meat broker" is a person who, without taking title to meat, arranges the purchase or sale of meat. A “meat distributor" is a person who distributes meat at wholesale. Under this rule, as under current law, meat brokers and meat distributors must hold an annual registration certificate from DATCP. Meat brokers and distributors must apply in writing, on a form provided by DATCP. There is no fee.
Prohibited Practices
This rule prohibits a person from doing any of the following:
• Processing or selling, for human consumption, any unwholesome, adulterated or misbranded meat.
• Slaughtering any food animal, for human consumption, under unsanitary conditions.
• Processing, storing, handling, transporting or selling meat or meat food products, for human consumption, under unsanitary conditions.
• Making any false, deceptive or misleading statement, when submitting a food animal for slaughter, related to any of the following:
□The ownership, identity, origin or health status of the animal.
□The administration of any drug to the animal.
□The intended use of meat from the animal.
• Obstruct a DATCP employee performing his or her duties. Obstruction may include physical interference, verbal or physical abuse, threatening behavior or communications, or refusal to carry out legitimate directives.
Holding Orders, Condemnation Orders and Correction Orders
Under this rule, as under current law, an authorized DATCP employee may issue a holding order to prevent the sale or movement of suspect meat pending further examination to determine whether the meat is unwholesome, adulterated or misbranded. A holding order remains in effect for 14 days unless lifted. A holding order may be extended for up to 14 days.
Under this rule, as under current law, an authorized DATCP employee may issue an order condemning unwholesome, adulterated or misbranded meat if the owner or custodian cannot correct the problem or fails to do so.
Under this rule, as under current law, an authorized DATCP employee may issue an order requiring a person to correct unsanitary conditions and other law violations related to meat. DATCP may also prohibit the use of unsanitary equipment and utensils. An authorized DATCP employee may “tag" unsanitary equipment or utensils to prohibit their use.
Investigation and Enforcement
