Section 24. ATCP 55.03 (2) (e) 4., 5. and 6., and (2) (f) are amended to read:
ATCP 55.03 (2) (e) 4. The retail food establishment receives meat only from meat establishments licensed under this section or inspected by the United States department of agriculture under 21 USC 451 to 695. 5. The operator of the retail food establishment does not sell, to any person other than an individual consumer, any meat or meat food poultry product that is cured, smoked, seasoned, canned, or cooked at the retail establishment.
6. The operator of the retail food establishment does not sell, to any person other than an individual consumer, any meat or meat food poultry product made by combining meat from different animal species at the retail establishment.
(2) (f) A retail food establishment qualifying for an exemption under 9 CFR 303.1 (d) (2) (iv) (c) or (e) (1) or 9 CFR 381.10 (d) (1) or (e) (1). Section 25. ATCP 55.03 (4) is renumbered ATCP 55.03 (4) (intro.) and amended to read:
ATCP 55.03 (4) License fees. A person shall pay a $200 an annual license fee for each licensed meat establishment, except that the person shall pay an annual license fee of $80 if the person is solely engaged in custom slaughtering or custom processing operations at that meat establishment. as follows:
Section 26. ATCP 55.03 (4) (a) and (b) are created to read:
ATCP 55.03 (4) (a) A person shall pay an annual license fee of $80 if the person is solely engaged in custom processing operations.
(b)
A person shall pay an annual license fee for each of the following activities up to a maximum of $200:1. $100 for processing cooked meat or poultry products or processing shelf-stable uncooked meat or poultry products.
2. $100 for the slaughter of livestock, other than rabbits, and captive game animals.
3. $50 for processing not shelf stable uncooked meat or poultry products.
4. $50 for the slaughter of poultry unless exempt under ATCP 55.03 (2)(d), ratites, and captive game birds.
5. $25 for the slaughter of more than 3,000 rabbits annually. A rabbit slaughter establishment shall be licensed except there shall be no license fee for the slaughter of 3,000 or fewer rabbits annually.
Section 27. ATCP 55.03 (11) (a), (b) 2. and 4. to 7., (12) (Title), (a), (b) (intro.) and 1. to 3., (c) (intro.) and (Note), and (d) are amended to read:
ATCP 55.03 (11) (a) Except as provided in par. (b), no person may slaughter or otherwise process any animals other than food animals at a meat establishment.
(b) 2. The operator accepts only clean and apparently wholesome unadulterated wild game carcasses for custom processing.
4. The operator custom processes wild game only at times when the operator is not engaged in slaughtering or processing food animals. The operator shall thoroughly clean and sanitize equipment and utensils used to process wild game before using the same equipment or utensils to slaughter food animals or otherwise process food animals or the meat of food animals.
5. The operator keeps wild game and wild game products separate from all other meat and meat food or poultry products in the meat establishment.
6. The operator clearly labels wild game products, so they cannot be confused with other meat or meat food poultry products. Wild game products shall be clearly identified by species.
7. The operator handles, processes, and stores wild game and wild game products in a manner that prevents contamination of other meat and meat food or poultry products.
(12) Slaughter and other processing schedule. (a) A person applying for a meat establishment license shall include, with the license application, a proposed schedule for slaughter and other processing schedule. A meat establishment operator need not include a schedule with a license renewal application if there has been no change in the schedule last established for the meat establishment under this subsection.
(b) A schedule under par. (a) shall specify the days of each week, and the hours of each day, during which the applicant proposes to engage in each of the following activities at the meat establishment:
1. Slaughter food animals to produce meat or meat food poultry products for sale.
2. Process, by means other than slaughtering, meat or meat food poultry products for sale.
3. Custom slaughter food animals, or otherwise custom process meat or meat food poultry products.
(c) The department may require a change in a schedule for slaughtering and other processing schedule under this subsection if any of the following apply:
Note: A meat establishment operator may not engage in custom slaughter or other custom processing operations while the operator is simultaneously slaughtering food animals for sale, or simultaneously otherwise processing the meat of food animals for sale. There are exceptions for inspected custom operations, and for simultaneous operations that are physically separated to prevent cross-contamination and commingling. The department may disapprove a simultaneous schedule if these exceptions do not apply. See s. ATCP 55.08 (3). (d) A meat establishment operator may not deviate from a schedule established under this subsection, without prior written department approval.
Section 28. ATCP 55.04 (Title), (1) (a), (1) (a) (Note) and (1) (c) (intro.) and 1. to 3. are amended to read:
ATCP 55.04 (Title) Slaughter and other processing inspection; general.
(1)
(a) Except as provided in par. (b) or (c) to (d), no person may sell any meat from any food animal for human consumption unless the department or the United States department of agriculture has conducted a slaughter inspection of that food animal. The slaughter inspection shall include an ante mortem inspection of the live food animal, and a post mortem inspection of the food animal carcass.Note: Slaughter inspection is not required for custom slaughtered animals, because there is no sale of meat. Federal Except as allowed under the cooperative interstate shipment program, federal law prohibits the interstate sale of meat from animals slaughtered under state (rather than federal) inspection. But this federal prohibition does not apply to meat from farm-raised deer, captive game animals, or captive game birds, bison, alpacas, llamas, or rabbits.
(c) Paragraph (a) does not apply to a person selling meat from not more than 1,000 poultry per year annually, provided that all the following apply:
1. The person produces all of those poultry on his or her farm premises.
2. The person slaughters, otherwise processes, and sells the poultry at the farm premises where they are produced or directly to consumers contracting with the person’s community supported agriculture business, or has them slaughtered and otherwise processed at a licensed meat establishment.
3. The person clearly and conspicuously labels each package or container of poultry meat with the person's processor’s name and address and the words “NOT INSPECTED."
Section 29. ATCP 55.04 (1) (d) is created to read:
ATCP 55.04 (1) (d) Par. (a) does not apply to a person selling meat from rabbits, provided that all the following apply:
1. The person only slaughters and otherwise processes rabbits produced on that person’s premises.
2. The person slaughters and otherwise processes not more than 3,000 rabbits annually.
3. The person keeps a record of the number of rabbits slaughtered, retains that record for at least 3 years, and makes the record available for inspection and copying by the department upon request.
4. The person slaughtering and otherwise processing rabbits complies with the requirements of s. ATCP 55.07 (4). 5. The person holds an establishment license under s. ATCP 55.03. Section 30. ATCP 55.04 (1m), (2), (3) (a) 2., (4) (Title) and (b), (5) (Title), (6), and (8) are amended to read:
ATCP 55.04 (1m) Processing inspection required. (a) No person operating a licensed meat establishment may sell any meat food or poultry product unless that meat food or poultry product is labeled as provided in s. ATCP 55.10 (3). (b) Paragraph (a) does not apply to meat food or poultry products processed at a retail food establishment licensed under s. 97.30, Stats., and sold only to individual consumers at that establishment. (2) Slaughter and other processing inspection provided to licensed meat establishments.
(a) The department shall provide required ante mortem and post mortem slaughter inspection services and processing inspection services to operators of meat establishments licensed under s. ATCP 55.03. The department shall specify the minimum frequency at which custom slaughter and other custom processing activities in a licensed meat establishment are to be inspected. This inspection frequency shall be at least once every three months during which custom processing activities or transactions occur. The department may not provide slaughter or other processing inspection services to other persons. (b) A meat establishment operator requesting slaughter or other processing inspection services shall submit the request to the department in writing, and shall specify a proposed schedule of slaughter or other processing schedule according to s. ATCP 55.03 (12) (b). The department may require a different schedule, as provided in s. ATCP 55.03 (12) (c). The meat establishment operator may not deviate from the specified schedule without prior department approval, as provided in s. ATCP 55.03 (12) (d). (3) (a) 2. Apparently healthy domesticated food animals livestock or ratites, if special circumstances prevent the transportation of those animals to a licensed meat establishment for ante mortem inspection.
(4) Slaughter inspection Inspection charges; when required.
(b) The department performs the inspection on any of the following days, or at any of the following times:
1. Days or times not included in the normal schedule of slaughter or other processing schedule under sub. (2).
2. Before 6:00 a.m. or after 6:00 p.m.
3. Any inspection time in excess of 40 hours in any calendar week.
4. Saturday or Sunday.
5. The holidays of New Year’s Eve, New Year’s Day, Martin Luther King, Jr. Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Eve, or Christmas Day. If any of these holidays, other than New Year’s Eve and Christmas Eve, falls on Sunday, the following Monday is considered the holiday.
6. Any day that is an official holiday for state employees.
(5) Slaughter inspection Inspection charges; amount.
(6) Slaughter and other processing inspection procedures. Slaughter and other processing inspection procedures shall comply with this chapter, including ss. ATCP 55.05 to 55.07 and applicable federal requirements as specified in 9 CFR 305, 309, 310, 316, 318, 321, 329, 332, 416, 417, and 500, and 9 CFR 381, Subparts E, J, K,M, O, R, U, Y, and Z Chapter III, Subchapters A and E. (8) Withdrawing slaughter inspection. The department may, upon written notice, withdraw inspection of slaughter or other processing inspection for cause, including violations of this chapter. No person may conduct slaughter operations for which department inspection is required under this chapter while those inspection services are withdrawn.
Section 31. ATCP 55.04 (9) is created to read:
ATCP 55.04 (9) Inspection efficiency. All animal slaughter or other processing shall be conducted with sufficient staffing to attain a reasonable rate of operation, considering the meat establishment’s size and scope of operations. Ante mortem and post mortem inspection shall be conducted continuously throughout slaughter with one lunch period of between 30 and 45 minutes beginning between four and five hours after slaughter operations begin.
Section 32. ATCP 55.06 (2) is amended to read:
ATCP 55.06 (2) Domesticated food animals. Post mortem inspections of domesticated food animals, other than poultry, shall comply with 9 CFR 310. Post mortem inspection procedures for farm-raised deer shall be the same as for sheep. Section 33. ATCP 55.06 (4) is amended to read:
ATCP 55.06 (4) Captive game animals, rabbits, alpacas, and llamas. The department may specify post mortem inspection procedures for captive game animals, rabbits, alpacas, and llamas. Post mortem inspections of captive game animals, rabbits, alpacas, and llamas shall comply with 9 CFR 310, as applicable. Post mortem inspection procedures for bison shall be the same as for cattle. Section 34. ATCP 55.06 (5) (a), (e), (f) and (g) are amended to read:
ATCP 55.06 (5) (a) The Except as provided under par. (k), the department shall apply official inspection marks to each carcass that the department finds, after post mortem inspection, to be wholesome unadulterated and fit for human food. The department shall mark each primal part of the carcass, each detached organ and each detached part that the department finds to be wholesome unadulterated and fit for use as human food.
(e) If the department finds upon post mortem inspection that any part of a carcass is unwholesome adulterated or unfit for human food, the department shall mark that part “WIS. INSPECTED AND CONDEMNED." If space is limited, the phrase may be abbreviated “WIS. INSP’D AND CONDEMNED."
(f) If the department finds that further inspection is needed to determine whether any part of a carcass is wholesome unadulterated and fit for human food, the department may tag that part “WIS. RETAINED." The tagged part is deemed to be covered by a department holding order under s. ATCP 55.14 (2). The department may specify retention conditions, including refrigeration requirements. No person may discard a tagged part unless the part is released by the department, and no person may process or sell any of the affected meat for human consumption unless and until the department completes its inspection and passes the meat. (g) The department may stamp carcass parts with the appropriate marks under pars. (a) to (e). If an organ or other carcass part is not susceptible to suitable for stamping, the department may apply the mark by other means such as tagging.
Section 35. ATCP 55.06 (5) (k) is created to read:
ATCP 55.06 (5) (k) The official inspection mark shall be applied to the label of packages containing rabbit carcasses or rabbit meat processed under required or voluntary inspection.
Section 36. ATCP 55.07 (Title), (1) (Title), (a), and (b), (2) (Title), (a) (intro.) and 2., (b), (c) (intro),1., and 2., (3) (Title), (a) (intro.) and 2., and (b) are amended to read:
ATCP 55.07 Slaughter and other processing standards; general. (1) Slaughter and other processing standards; domesticated food animals livestock. (a) A meat establishment operator who does any of the following shall comply with applicable federal standards under 9 CFR 307, 309, 310, 311, 313 to 315, 317, 318, 319, to 320, 325,412, 416 to , 417, 418, 424, 430, 441, 442, and 500 Chapter III, Subchapters A and E: 1. Slaughters domesticated food animals livestock, other than poultry, for human consumption.
2. Processes the meat of domesticated food animals livestock, other than poultry, for human consumption.
(b) Paragraph (a) does not apply to mobile custom slaughter or mobile custom processing.
(2) Slaughter and other processing standards; poultry and captive game birds. (a) A meat establishment operator who does any of the following shall comply with applicable requirements under 9 CFR 416, 417, 418, 424, 430, 441, 442, and 500, and 9 CFR 381, Subparts G, I, J, K, L, N, O, P, Q, R, S, X, Y, and Z Chapter III, Subchapters A and E. 2. Processes Otherwise processes the meat of poultry or captive game birds for human consumption.
(b) Paragraph (a) does not apply to mobile custom slaughter or mobile custom processing.
(c) Paragraph (a) does not apply to a person slaughtering and otherwise processing not more than 1,000 poultry per year annually, provided that all the following apply:
