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
Madison, WI 53708-8911
Section 6. ATCP 57.10 (7) is renumbered to ATCP 57.10 (8) and amended to read:
ATCP 57.10 (7)(8) Facilities. Facilities operated by a renderer shall be all of the following:
(a) Designed, constructed, and equipped, and maintained for safe, sanitary and orderly operation, and for easy cleaning.
(c)(b) Fully enclosed to prevent access by dogs, cats, wild animals, rodents, birds and insects.
(d)(c) Constructed with self-draining floors and smooth interior walls and ceilings that can be easily cleaned.
(e)(d) Equipped with effective ventilation and vapor control systems to minimize offensive odors.
(f) Maintained for safe, sanitary and orderly operation, and for easy cleaning.
(g)(e) Kept clean, orderly, and free of nuisance conditions.
(h)(f) Served by hot and cold running water that is adequate for processing, cleaning, waste disposal, drinking and employee sanitation needs. Water shall be obtained from a source that complies with chs. NR 811 or 812. Water outlets shall be conveniently designed and located. (i)(g) Equipped with drinking water, toilet and hand washing fixtures for persons who work at the facilities.
Section 7. ATCP 57.10 (8) and (9) are renumbered to ATCP 57.10 (9) and (10).
Section 8. ATCP 57.10 (10) is repealed.
Section 9. ATCP 57.10 (11) is amended to read:
ATCP 57.10 (11) Slaughtering animals. If a renderer slaughters animals for rendering, the renderer shall use one of the humane methods listed in s. ATCP 55.07 (11) (a) 1. to 4s. 95.80 (1), Stats. Animals slaughtered at a rendering plant shall be slaughtered in an area that is designed and equipped for safe and humane slaughtering. Live animals may not be unloaded, kept or slaughtered in processing or storage areas. Note: A renderer may not transport live animals unless licensed to do so under ch. ATCP 12. See s. ATCP 57.20 (5) (a).
Note: Animal markets, dealers and truckers that handle live animals are regulated under ch. ATCP 12. Live animal movements are also governed by ch. ATCP 10. No person may transport carcasses or carcass materials in the same vehicle used to transport live animals, except that if a live animal dies in transit the animal trucker may deliver the carcass directly to a renderer or animal food processor licensed under ss. ATCP 57.10 or 57.12. See s. ATCP 57.20 (1) (b) 5. and 6.
SECTION 10. ATCP 57.12(1)(b) Note is amended to read:
ATCP 57.12 (1) (b) Note: An animal food processor licensed under sub. (1) must also hold a commercial feed license under s. ATCP 42.02 if the animal food processor does more than “minimal processing" of carcasses or carcass materials (see s. ATCP 42.02 (2) (e)). A commercial feed manufacturer licensed under s. ATCP 42.02 does not need an animal food processor license under sub. (1) if the commercial feed manufacturer processes only fully rendered animal products (see s. ATCP 57.01 (18)). An animal food processor license does not authorize a person to process food for human consumption. Food processing is subject to other license requirements. See ch. ATCP 55 (meat and poultry products), ch. ATCP 70 (wholesale food manufacturing) and ch. ATCP 75 (retail food establishments). Section 11. ATCP 57.12 (2) is renumbered to ATCP 57.12 (3).
Section 12. ATCP 57.12 (2) is created to read:
ATCP 57.12 (2) License exemptions. Animal food processing does not include any of the following:
(a) The collection or transportation of whole animal carcasses by a collector licensed under s. ATCP 57.16, provided that the collector does not process the carcasses or remove hides or feathers. (b) A fur farm operator’s processing of carcasses or carcass materials solely for feeding to fur bearing animals produces on that fur farm.
Note: Fur farmers must register with the department under s. 97.44 (2), Stats. (c) Rendering operations conducted pursuant to a license under s. ATCP 57.10. (d) Grease processing pursuant to a license under s. ATCP 57.14. (e) Meat processing pursuant to a license under s. ATCP 55.03. (f) Mobile custom processing of meat pursuant to a registration under s. ATCP 55.09 (2). (g) Food processing pursuant to a license under s. ATCP 70.03. (h) Retail food processing pursuant to a license under s. 97.30 (2), Stats. (i) The processing of hides.
(j) The manufacture of glue, pharmaceuticals, or gelatin.
(k) The processing of fully rendered products for use as animal feed, pursuant to a commercial feed license under ch. ATCP 42.
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). The United States food and drug administration regulates pharmaceutical manufacturers.
Note: Persons who produce commercial feed must be licensed under ch. ATCP 42 except an animal food processor licensed under s. ATCP 57.12 does not need a commercial feed license if the animal food processor is engaged only in minimal processing of carcasses and carcass materials, s. ATCP 42.02 (2) (e). If an animal food processor licensed under s. ATCP 57.12 does more than minimal processing, the animal food processor also needs a commercial feed license under ch. ATCP 42. A feed manufacturer licensed under ch. ATCP 42 does not need an animal food processor license under s. ATCP 57.12 if the feed manufacturer processes only fully rendered animal products.
Section 13. ATCP 57.12 (3), (4), (5), (6), (7), (8), (9) are renumbered to ATCP 57.12 (4), (5), (6), (7), (8), (9), (10).
Section 14. ATCP 57.12 (3) (j) Note is amended to read:
ATCP 57.12 (3) (j) Note: A person may obtain an animal food processor 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
P.O. Box 8911
Madison, WI 53708-8911
Section 15. ATCP 57.12 (8) (a) is amended to read:
ATCP 57.12 (8) (a) Designed, constructed and, equipped and maintained for safe, sanitary and, orderly operation, and for easy cleaning.
Section 16. ATCP 57.12 (8) (f) and (10) are repealed.
Section 17. ATCP 57.14 (2) is renumbered to ATCP 57.14 (3).
Section 18. ATCP 57.14 (2) is created to read:
ATCP 57.14 (2) License exemptions. Grease processing does not include any of the following:
(a) Rendering pursuant to a license under s. ATCP 57.10. (b) Animal food processing pursuant to a license under s. ATCP 57.12. (c) Meat processing pursuant to a license under s. ATCP 55.03. (d) Food processing pursuant to a license under s. ATCP 70.03. (e) Retail food processing pursuant to a license under s. 97.30 (2), Stats., or a permit under s. 254.64, Stats. Section 19. ATCP 57.14 (3) (g) Note is renumbered to ATCP 57.14 (3) (h) and amended to read:
ATCP 57.14 (3) (gh) Note: A person may obtain a grease processor license application by calling (608) 224-46964694, 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
