Effect on Small Business
The Department’s Regulatory Review Coordinator may be contacted by:
Telephone at (608) 224-5024
The Regulatory Flexibility Analysis is attached.
Department Contact Person
Paul Pierce
Division of Food and Recreational Safety
Department of Agriculture, Trade and Consumer Protection
P.O. Box 8911
Madison, WI 53708-8911
(608) 224-4731
Place Where Comments are to Be Submitted and Deadline for Submission:
Comments must be received on or before (put in comment period deadline for public hearing), 2022 to be included in the record of rule-making proceedings. Submit comments:
By mail to:
Paul Pierce
Division of Food and Recreational Safety
Department of Agriculture, Trade and Consumer Protection
P.O. Box 8911
Madison, WI 53708-8911
(608) 224-4731
_____________________________________________________________________________________
RULE TEXT
Section 1. ATCP 57.01 is repealed and recreated to read:
ATCP 57.01 Definitions. In this chapter:
(1) “Adulterated” means any animal remains from an animal that has been euthanized by the use of any drug injected intravenously or through another nonvascular route.
(2) “Animal" means any member of the animal kingdom other than a human being.
(3) “Animal food” means any article intended for use as food for dogs, cats, or other animals derived wholly, or in part, from the carcass or parts or products of the carcass of any livestock.
(4) “Animal food processing" means slaughtering animals or collecting or receiving of dead animals for processing into animal food or processing carcasses or carcass materials for use as animal feed, and includes packaging or labeling carcass materials or other finished product.
(5) “Animal food processing plant" means a place at which animal food processing occurs.
(6) “Animal food processor" means a person, other than a renderer, engaged in the business of animal food processing.
(7) “Brown grease” means a mixture of oils, fats, solids and detergents from food industry wastes that is captured in grease traps.
(8) “Carcass” means all or part of a dead animal, as defined in s. 95.72 (1) (c), Stats. Carcass does not include any of the following: (a) Material that may be lawfully sold or distributed as food for human consumption.
Note: The term “carcass: as used in this chapter does not include fish that are lawfully sold or distributed as food for human consumption, nor does it include state-inspected or federally-inspected meat or poultry products that are lawfully sold as food for human consumption.
(b) A fully-rendered product.
(9) “Carcass material" means blood, tankage, bone, offal or other material derived from a carcass. Carcass material does not include a fully rendered product.
(10) “Collector" means a person engaged only in the business of collecting or receiving dead animals for sale or delivery to a renderer, animal food processor, grease processor or an operator of a fur farm and who does not otherwise process the dead animals.
(11) “Dead animal” does not include commercial feed as defined under s. 94.72 (1) (b), Stats., or fully rendered products of dead animals, but means any of the following: (a) A dead animal or part of a dead animal other than an animal slaughtered as food for human consumption.
(b) An animal slaughtered as food for human consumption, but which becomes unsuitable as food for human consumption.
(c) An animal slaughtered or processed as food for animals and all inedible parts and by-products of animals slaughtered or processed as food for human consumption.
(12) “Denature" means to alter the normal character or appearance of carcasses or carcass materials to make them incapable of being used as food for human consumption.
(13) “Department" means the Wisconsin department of agriculture, trade and consumer protection.
(14) “Disinfect” means to destroy pathogens and other disease-causing microorganisms, to the maximum practicable extent, by applying a federally registered chemical agent to a surface.
(15) “Facilities" means premises, fixtures, and equipment used in the operation of a rendering plant, animal food processing plant, grease processing plant, or transfer station. Facilities includes carcass receiving and holding areas.
(16) “Feed” means any substance which is intended for use as food for animals other than humans. Feed includes commercial feed and feed ingredients.
Note: See also ch. ATCP 42.
(17) “Food," except as used in the term “animal food processor" or “animal food processing," has the meaning given in s. 97.01 (6), Stats. “Food" includes oils or animal fats used to cook food if, during the cooking process, the oils or animal fats may come in contact with the food. Note: “Food," as defined in sub. (13), means food for human consumption. A license under this chapter does not authorize the license holder to produce any kind of food, including any cooking oils or fats that may come in contact with food.
(18) “Fully rendered product" means a rendered product whose ingredients have been fully melted or reconstituted by the application of heat, according to generally accepted rendering practices that destroy microorganisms in the rendered product.
(19) “Grease" means a fully rendered product consisting of animal fat or tallow, or animal fat or tallow combined with vegetable oil.
(20) “Grease processing" means any of the following: combining, melting, refining, reconstituting or recycling fully rendered products to produce grease or other products for non-food use.
(21) “Grease processing plant" means a place at which grease processing occurs.
(22) “Grease processor" means any person engaged in the business of collecting or receiving and melting or refining previously cooked materials containing dead animal fat or tallow or a combination of dead animal fat or tallow and vegetable oil or to produce grease.
(23) “Nuisance conditions" means conditions that pose a significant risk to human health or the environment, or cause obnoxious odors other than normal odors incidental to generally accepted processing practices. Nuisance conditions may include accumulated carcasses, carcass materials, or manure; drainage from carcasses, carcass materials or manure; accumulated litter; insect or rodent infestations; unclean facilities; or similar conditions.
(24) “Person" means an individual, corporation, partnership, cooperative, limited liability company, trust, or other legal entity.
(25) “Rendered product" means grease, tallow, liquefied fat, blood meal, bone meal, meat meal, meat and bone meal, reconstituted tankage, dry poultry product meal, feather meal, or other product produced by rendering. Rendered product does not include food for human consumption.
(26) “Renderer" means a person who engages in rendering.
(27) “Rendering" means reducing, converting or melting down carcasses or carcass materials, with the use of heat, to produce rendered products for non-food use. Rendering includes the slaughter of animals by a renderer, or the processing of animal carcasses or carcass materials by a renderer, for use in rendering.
(28) “Rendering plant" means a place at which rendering occurs.
(29) “Truck transfer station" means a location at which carcasses or carcass materials are collected or transferred between vehicles for transportation to another location. Truck transfer station does not include a receiving or holding area that is part of a rendering plant or animal food processing plant.
(30) “Yellow Grease” means fats, oils, and grease recovered from food preparation that have not been in contact or contaminated with other sources such as water, wastewater or solid waste.
Section 2. ATCP 57.10 (2) is renumbered ATCP 57.10 (3).
Section 3. ATCP 57.10 (2) is created to read:
ATCP 57.10 (2) License exemptions. Rendering does not include any of the following:
(a) Grease processing pursuant to a license under s. ATCP 57.14. (b) The processing of hides.
(c) The manufacture of glue, pharmaceuticals, or gelatin.
(d) Animal food processing by a person who does not render the processed materials.
Note: Persons who produce gelatin or other food for human consumption are subject to state licensing requirements under ch. ATCP 55 (meat and poultry products), ch. ATCP 70 (wholesale food manufacturing), and ch. ATCP 75 (retail food establishments). Animal food processors are subject to licensing under s. ATCP 57.12. Commercial feed manufacturers are subject to licensing under ch. ATCP 42. The United States food and drug administration regulates pharmaceutical manufacturers.
Section 4. ATCP 57.10 (3), (4), (5), (6) are renumbered to ATCP 57.10 (4), (5), (6), (7).
Section 5. ATCP 57.10 (4) Note is amended to read:
ATCP 57.10 Note: A person may obtain an annual renderer license application by calling (608) 224-47264694, sending an email to datcpmeatpoultrylicensing@wi.gov, or by writing to the following address: Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Food Safety
PO Box 8911
