• 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
This rule refers to, but does not change, DATCP's current enforcement authority. DATCP may conduct inspections and other investigations to determine compliance with this rule. DATCP may exercise its authority under chs.
93 and
97, Stats., in support of its inspections and investigations. DATCP may deny, suspend or revoke a license or registration certificate for cause. DATCP may also prosecute violators in court (penalties are provided by statute).
Administrative Appeals
A person may ask DATCP to reconsider any of the following actions:
• The denial of any application for a license or registration certificate.
• Ante mortem or post mortem inspection findings.
• A holding order, condemnation order or correction order.
• A decision to deny, limit or withdraw slaughter inspection services.
• Slaughter inspection billings.
Whenever DATCP receives a request for reconsideration, DATCP must hold a prompt informal conference with the requester. Alternatively, if the matter concerns a slaughter inspection finding by an inspector who is not a veterinarian, DATCP may have a veterinarian review the inspector's finding. If the requester's dispute is not resolved, the requester may seek a “contested case" hearing under ch.
227, Stats., and ch.
ATCP 1.
Fiscal Estimate
This proposed rule change merges two existing rules and incorporates changes made in ch.
97, Stats. by 1999 Assembly Bill 133 which incorporated several sections of 9 CFR, the USDA Meat and Poultry Inspection rules and requirements. These changes include the following: eliminate prior approval for most labels, retain prior approval for formulas, include requirements for SSOP and HACCP, incorporate existing policies on game birds and animals as well as ratites, and eliminate language made redundant or conflicting with language adopted from 9 CFR into ch.
97, Stats.
The department anticipates no adverse financial impact on either the department or the regulated industry since the requirements for HACCP plans, SSOPs, and the associated records have already been implemented since January 2000, by the change to ch.
97, Stats. There should be no additional costs incurred by this proposed rule merger, since it only reflects and clarifies the situation that exists and will require only the one-time costs associated with the rulemaking of approximately $1000, consisting of printing, mailing and costs associated with holding hearings.
Initial Regulatory Flexibility Analysis
This rule will not, by itself, have a major impact on small business. This rule merely implements state and federal law changes that have already been enacted. This rule also recodifies existing requirements, so they will be easier to read and understand. DATCP currently licenses, registers, and inspects about 500 meat and poultry establishments, mobile slaughterers, mobile processors and meat distributors. The establishments range from very small one and two-person operations to multi-product operations that manufacture and wholesale substantial amounts of meat and poultry products.
This rule incorporates current federal requirements under 9 CFR sections 307 to 311, 313 to 315, 317 to 319, 416, 417, and 381 subparts G, H, I, K, L, O and P. This is required by s.
97.42 (4m), Wis. Stats. and federal law, so that Wisconsin's meat inspection program will be “equal-to" the federal program.
These federal requirements will have negligible impact at this time because most have already been implemented in Wisconsin meat establishments. This rule does not require any additional plans, procedures or records.
This rule does all the following:
• Incorporates federal rules requiring hazard analysis and critical control point (HACCP) plans and pathogen testing at meat establishments.
• Updates current rules and eliminates obsolete rules.
• Eliminates the need for prior approval of most meat labels.
• Continues to require prior approval of meat product formulations.
• Clarifies the requirements for the slaughter and processing of ratites, captive game birds and captive game animals.
These federal requirements have already been implemented in Wisconsin, and this rule imposes no additional testing or recordkeeping requirements. The department has already provided training to Wisconsin meat establishments to help them implement the new federal requirements that are incorporated, by reference, in this rule.
This rule will have a negligible impact on small business. It should not be necessary for licensed establishments to retain the services of a HACCP consultant, a bookkeeper or an attorney to comply with this rule.
Notice of Hearings
Commerce
(Fire Department Safety and Health, Ch.
Comm 30)
(reprinted to correct hearing time information)
