ATCP 57.10 Note
Note: A renderer may not transport live animals unless licensed to do so under ch.
ATCP 12. See s.
ATCP 57.20 (5) (a).
ATCP 57.10 Note
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 s.
ATCP 57.10 or
57.12. See s.
ATCP 57.20 (1) (b) 6. ATCP 57.10(12)(a)(a) A renderer shall keep complete and accurate records related to the renderer's operations. Records shall include all of the following:
ATCP 57.10(12)(a)1.
1. The name and address of each person from whom the renderer receives carcasses or carcass materials, the date and location of each receipt, the types of carcasses or carcass materials received, the number or weight of carcasses received, the weight or liquid volume of carcass materials received, and the disposition of any carcasses or carcass materials received but not rendered.
ATCP 57.10(12)(a)2.
2. The name and address of each person from whom the renderer receives live animals, the date and location of each receipt, the numbers and types of live animals received, and the disposition of each animal. If the renderer slaughters an animal, the renderer shall record the date and location of slaughter, and the disposition of the carcass.
ATCP 57.10(12)(a)3.
3. The types of rendered product, and the daily amounts of each type of rendered product, produced at each rendering plant.
ATCP 57.10(12)(a)4.
4. The name and address of each person to whom the renderer sells or distributes rendered product, the dates on which the renderer ships rendered product to each person, and the type and amount of rendered product included in each shipment.
ATCP 57.10(12)(a)5.
5. Lot coding or other records that effectively track the receipt, processing and distribution of ingredients and rendered products, so that it is possible to identify ingredient sources for each lot of rendered product and vice versa.
ATCP 57.10(12)(b)
(b) A renderer shall retain each record under par.
(a) for at least 3 years after the record is made, and shall make records available to the department for inspection and copying upon request.
ATCP 57.10 History
History: CR 07-116: cr.
Register November 2008 No. 635, eff. 12-1-08;
CR 10-122: am. (1) (a) 2., 3., (2) (d), (i), (j), (3), (6) (a), cr. (6) (c)
Register July 2011 No. 667, eff. 8-1-11;
CR 23-003: cr. (1m), am. (7) (a), r. (7) (f), (9), am. (11) Register February 2024 No. 818, eff. 3-1-24. ATCP 57.12(1)(a)
(a) No person may do any of the following without an annual animal food processor license from the department:
ATCP 57.12(1)(a)2.
2. Collect, receive, or transport, in this state, carcasses or carcass materials for animal food processing by that person in this state.
ATCP 57.12(1)(a)3.
3. Slaughter animals in this state for animal food processing by that person in this state.
ATCP 57.12(1)(b)
(b) A license under sub.
(1) expires on February 28 of each year and is not transferable. A license does not authorize the license holder to produce, sell or distribute food for human consumption.
ATCP 57.12 Note
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)).
ATCP 57.12 Note
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).
ATCP 57.12(1m)
(1m)
License exemptions. Animal food processing does not include any of the following:
ATCP 57.12(1m)(a)
(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.
ATCP 57.12(1m)(b)
(b) A fur farm operator's processing of carcasses or carcass materials solely for feeding to fur bearing animals produced on that fur farm.
ATCP 57.12 Note
Note: Fur farmers must register with the department under s.
97.44 (2), Stats.
ATCP 57.12(1m)(k)
(k) The processing of fully rendered products for use as animal feed, pursuant to a commercial feed license under ch.
ATCP 42.
ATCP 57.12 Note
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.
ATCP 57.12 Note
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.
ATCP 57.12(2)
(2)
License application; fees. To obtain an animal food processor license under sub.
(1), a person shall apply on a form provided by the department. The application shall include all of the following:
ATCP 57.12(2)(a)
(a) The applicant's correct legal name, and any trade names under which the animal food processor engages in activities for which a license is required under sub.
(1).
ATCP 57.12(2)(b)
(b) Whether the applicant is an individual, corporation, partnership, limited liability company or other business entity.
ATCP 57.12(2)(d)
(d) The address of each animal food processing plant and truck transfer station that the animal food processor operates in this state.
ATCP 57.12(2)(e)
(e) The livestock premises registration number assigned under ch.
ATCP 17 to each location identified under par.
(d). If the applicant has not yet registered a location under ch.
ATCP 17, the applicant may register that location as part of the license application under this subsection.
ATCP 57.12(2)(f)
(f) The applicant's social security number if the animal food processor is an individual.
ATCP 57.12(2)(i)
(i) An annual license fee of $200 for each animal food processing plant that the animal food processor operates in this state. No fee is required for a truck transfer station.
ATCP 57.12(2)(j)
(j) A pre-license inspection fee of $25 for each animal food processing plant for which a pre-license inspection is required under sub.
(3). No fee is required for pre-license inspection of a truck transfer station.
ATCP 57.12 Note
Note: A person may obtain an animal food processor license application by calling (608) 224-4694, sending an email to
datcpmeatpoultrylicensing@wi.gov, or by writing to the following address:
ATCP 57.12 Note
Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Food Safety
P.O. Box 8911
Madison, WI 53708-8911
ATCP 57.12(3)
(3)
Pre-license inspection. Before the department issues a license covering a new animal food processing plant, or issues a license to a new operator of an existing animal food processing plant, the department shall inspect that animal food processing plant. The department may also inspect separate truck transfer stations operated by the animal food processor. The department shall perform the inspection within 30 days after the operator files a complete license application, unless the applicant agrees to a later inspection date.
ATCP 57.12 Note
Note: The department may inspect any animal food processing plant or transfer station, regardless of whether an inspection is required under sub. (3).
ATCP 57.12(4)
(4)
Action on license application. The department shall grant or deny an annual license application under sub.
(2) within 30 days after the department receives a complete application except that, if a pre-license inspection is required under sub.
(3), the department shall grant or deny the application within 30 days after completing the pre-license inspection.
ATCP 57.12(5)
(5)
Additional locations. A license under sub.
(1) covers only the locations identified in the license application. A license holder may, at any time during the license year, supplement the application to include additional locations. The applicant shall pay the fee required under sub.
(2) (i) for each additional location. The department shall inspect each additional location before licensing that location.
ATCP 57.12(6)
(6)
Animal food processing plant located near residence or business. ATCP 57.12(6)(a)(a) Except as provided in par.
(b) or
(c), no person may establish an animal food processing plant within one-eighth mile of any existing building used as a residential dwelling or as a public or private place of business.
ATCP 57.12(6)(b)
(b) Paragraph
(a) does not prohibit the continued operation or expansion of an animal food processing plant that was originally established prior to November 26, 1981, or that was originally established at least one-eighth mile from other buildings under par.
(a), except that it prohibits an expansion that moves any portion of the plant closer to any other building under par.
(a) that is located within one-eighth mile of the plant.
ATCP 57.12 Note
Note: For example, an existing animal food processing plant does not violate par. (a) merely because a new residence or business facility is constructed within 1/8 mile of the existing plant. But once the new residence or business facility is constructed, the plant may not expand closer to it (it may expand in the opposite direction).
ATCP 57.12(6)(c)
(c) A person may establish or expand an animal food processing plant within one-eighth mile of a dwelling or a business building with the approval of the city, village, or town in which the animal food processing plant would be located if animals will not be slaughtered in the animal food processing plant and only carcasses will be processed in the animal food processing plant.
ATCP 57.12(7)
(7)
Facilities. Facilities operated by an animal food processor shall be all of the following:
ATCP 57.12(7)(a)
(a) Designed, constructed, equipped and maintained for safe, sanitary, orderly operation, and for easy cleaning.
ATCP 57.12(7)(c)
(c) Fully enclosed to prevent access by dogs, cats, wild animals, rodents, birds and insects.
ATCP 57.12(7)(d)
(d) Constructed with self-draining floors and smooth interior walls and ceilings that can be easily cleaned.
ATCP 57.12(7)(e)
(e) Equipped with effective ventilation and vapor control systems to minimize offensive odors.
ATCP 57.12(7)(f)
(f) Maintained for safe, sanitary and orderly operation, and for easy cleaning.
ATCP 57.12(7)(h)
(h) 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.
ATCP 57.12(7)(i)
(i) Equipped with drinking water, toilet and hand washing fixtures for persons who work at the facilities.
ATCP 57.12(8)
(8)
Waste collection and disposal. An animal food processor shall do all of the following:
ATCP 57.12(8)(a)
(a) Collect, and safely dispose of, all solid waste related to that person's operations. The person shall collect manure, offal, processing waste and other solid waste at least daily, and more often as necessary to keep facilities clean and orderly.
ATCP 57.12(8)(b)
(b) Promptly collect, and safely dispose of, all liquid waste related to that person's operations. Liquid waste shall be discharged to a public sewer system, or to an effluent disposal system that complies with chs.
NR 108 and
258.
ATCP 57.12(8)(c)
(c) Comply with applicable federal, state and local law related to waste disposal.
ATCP 57.12(8)(e)
(e) Keep waste collection and disposal systems in good working order.
ATCP 57.12(9)
(9)
Storing processed feed products. An animal food processor shall store processed feed products in a location and manner that effectively protects those products from contamination by live animals, unprocessed carcasses and unprocessed carcass materials.
ATCP 57.12(11)
(11)
Slaughtering animals. If an animal food processor slaughters animals for processing, the animal food processor shall use one of the humane methods listed in s.
ATCP 55.07 (11) (a) 1. to
4. Animals slaughtered at an animal food processing 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.
ATCP 57.12 Note
Note: An animal food processor may not transport live animals unless licensed to do so under ch.
ATCP 12. See s.
ATCP 57.20 (5) (a).
ATCP 57.12(12)(a)(a) An animal food processor shall keep complete and accurate records related to the animal food processor's operations. Records shall include all of the following:
ATCP 57.12(12)(a)1.
1. The name and address of each person from whom the animal food processor receives carcasses or carcass materials, the date and location of each receipt, the types of carcasses or carcass materials received, the number or weight of carcasses received, the weight or liquid volume of carcass materials received, and the disposition of any carcasses or carcass materials received but not processed.
ATCP 57.12(12)(a)2.
2. The name and address of each person from whom the animal food processor receives live animals, the date and location of each receipt, the numbers and types of live animals received, and the disposition of each animal. If the animal food processor slaughters an animal, the animal food processor shall record the date and location of slaughter, and the disposition of the carcass.
ATCP 57.12(12)(a)3.
3. The types of animal feed, and the daily amounts of each type of animal feed, produced at each animal food processing plant.
ATCP 57.12(12)(a)4.
4. The name and address of each person to whom the animal food processor sells or distributes animal feed, the dates on which the animal food processor ships the animal feed to each person, and the type and amount of animal feed included in each shipment.
ATCP 57.12(12)(a)5.
5. Lot coding or other records that effectively track the receipt, processing and distribution of ingredients and processed feed products, so that it is possible to identify ingredient sources for each lot of processed feed product and vice versa.
ATCP 57.12(12)(b)
(b) An animal food processor shall retain each record under par.
(a) for at least 3 years after the record is made, and shall make records available to the department for inspection and copying upon request.
ATCP 57.12 History
History: CR 07-116: cr.
Register November 2008 No. 635, eff. 12-1-08;
CR 10-122: am. (1) (a) 2., 3., (2) (d), (i), (j), (3), (6) (a), cr. (6) (c)
Register July 2011 No. 667, eff. 8-1-11;
CR 23-003: cr. (1m), am. (7) (a), r. (8) (f), (10) Register February 2024 No. 818, eff. 3-1-24; correction of numbering in (1m) made under s. 13.92 (4) (b) 1., Stats., Register February 2024 No. 818. ATCP 57.14(1)(a)(a) No person may operate as a grease processor without an annual license from the department. A grease processor license expires on February 28 of each year and is not transferable.
ATCP 57.14(1)(b)
(b) A grease processor license under par.
(a) does not authorize any of the following:
