AB644: Bill Text

LRB-1737/1

MCP:jld

2015 - 2016 LEGISLATURE

2015 Assembly BILL 644

January 7, 2016 - Introduced by Representatives Nerison, Ballweg, E. Brooks, T. Larson, Murtha, A. Ott and Tauchen, cosponsored by Senators Moulton and Ringhand. Referred to Committee on Agriculture.

AB644,2,2 An Act to repeal 97.42 (1) (a), 97.42 (1) (c), 97.42 (1) (d) 2., 97.42 (1) (g), 97.42 (1) (j), 97.42 (1) (m), 97.42 (1) (o), 97.42 (4) (c), 97.42 (5), 97.42 (6) (a) 4. and 97.45; to amend 97.42 (title), 97.42 (1) (b), 97.42 (1) (d) (intro.), 97.42 (1) (d) 3., 97.42 (1) (e), 97.42 (1) (f), 97.42 (1) (fm), 97.42 (1) (h), 97.42 (1) (i), 97.42 (1) (k), 97.42 (1) (L), 97.42 (2) (a), 97.42 (2) (a), 97.42 (2) (b), 97.42 (2) (c), 97.42 (3) (a), 97.42 (3) (b), 97.42 (3) (c), 97.42 (3) (d), 97.42 (3) (e), 97.42 (3) (em), 97.42 (3) (f), 97.42 (4) (a), 97.42 (4) (b), 97.42 (4) (d), 97.42 (4) (e) 2., 97.42 (4) (e) 3., 97.42 (4) (f), 97.42 (4) (g), 97.42 (4) (h), 97.42 (4) (i), 97.42 (4m), 97.42 (6) (a) (intro.), 97.42 (6) (b), 97.42 (6) (c), 97.42 (6) (d), 97.42 (7), 97.42 (9) (a), 97.42 (9) (b) 1., 97.42 (9) (b) 2., 97.42 (10) and 97.42 (11); and to create 97.42 (1) (bg), 97.42 (1) (br), 97.42 (1) (cm), 97.42 (1) (em), 97.42 (2) (bg) and 97.42 (3) (cm) of the statutes; relating to: regulation of establishments where animals are slaughtered or meat is processed, and granting rule-making authority.

Analysis by the Legislative Reference Bureau

Under current law, the Department of Agriculture, Trade and Consumer Protection (DATCP) administers a licensing and inspection program for meat and poultry slaughtering and processing. Current law generally requires, with some exceptions, certain establishments that slaughter animals or poultry, or that process meat products or poultry products, to be licensed and pay an annual license fee; and for inspectors who are supervised by DATCP to inspect animals and poultry before they are slaughtered, and to inspect and label their carcasses after slaughter. This bill makes the following changes to the program.

Terminology

This bill combines the definitions of "carcass," "meat food products," "meat products," and "poultry products" into a single defined term, "meat or poultry products." The bill replaces the term "animal" with "livestock," and eliminates the term "unwholesome" in favor of the term "adulterated" as that term is defined in the federal Food, Drug, and Cosmetic Act. The bill also combines the definitions of "mobile processor" and "mobile slaughterer" into a single definition for "mobile processor."

License fees

Current law requires certain establishments that slaughter livestock or poultry, or that process meat or poultry products, to pay an annual license fee of $200. Establishments that only slaughter uninspected livestock or poultry or process uninspected meat or poultry products as a custom service pay a reduced annual license fee of $80.

This bill requires DATCP to set, by rule, the annual license fees for establishments based on the type of inspection required, which are not to exceed $200, and to establish a reduced annual license fee for establishments that only slaughter livestock or poultry or process meat or poultry products as a custom service.

Exemptions

Current law also creates an exemption to the licensing and fee requirements for establishments that only process meat or poultry products for retail sale directly to customers on the premises, if only inspected meat or poultry products are allowed on the premises, and if sales to restaurants and institutions do not exceed either 25 percent of the establishment's sales or $28,800 annually, whichever amount is less.

This bill changes the third requirement to this exemption so that sales to hotels, restaurants, and institutions must not exceed either 25 percent of the establishment's gross annual value of sales of meat or poultry products or the adjusted dollar limitation that is published by the federal Department of Agriculture, whichever is less.

This bill creates additional exemptions to the licensing and fee requirements for establishments that meet certain federal Department of Agriculture requirements, including establishments that prepare ready-to-eat pizzas containing meat or poultry and transport them directly to a public or private nonprofit institution to be served, or that prepare ready-to-eat meat or poultry food items at a central kitchen and transport them to be served as meals to customers at restaurants or vending machines owned by the same company as the central kitchen. This bill also creates an exemption to the licensing and inspection requirements for establishments that slaughter or process captive game animals and captive game birds, as defined in the bill. The bill also requires DATCP to provide voluntary inspection services upon request to licensed establishments for the slaughter of captive game animal and captive game bird species designated by DATCP by rule as eligible for those services. The bill also requires the establishment requesting the inspection services to reimburse DATCP for the cost of the services, at rates to be established by DATCP by rule.

Inspections

Current law allows DATCP to suspend an inspection at an establishment for acts that substantially impair an inspector's ability to conduct an orderly inspection. This bill adds the requirement that DATCP must provide written notice of suspension of the inspection.

Other

Current law requires the operator of a licensed establishment to comply with specific federal Department of Agriculture regulations. This bill instead requires operators to comply with federal requirements as provided in rules that are promulgated by DATCP.

Finally, current law allows DATCP to enter into agreements with counties and municipalities for inspection and enforcement services. Current law also allows livestock and poultry, and meat or poultry products, to be inspected and approved under state law, the federal Meat Inspection Act, the federal Poultry Products Inspection Act, or county or municipal ordinances or regulations that have been approved by DATCP. This bill eliminates the provisions relating to county and municipal ordinances and inspections.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB644,1 Section 1. 97.42 (title) of the statutes is amended to read:

AB644,3,3 97.42 (title) Compulsory inspection of animals, livestock or poultry, and meat or poultry and carcasses products.

AB644,2 Section 2. 97.42 (1) (a) of the statutes is repealed.

AB644,3 Section 3. 97.42 (1) (b) of the statutes is amended to read:

AB644,4,6 97.42 (1) (b) "Capable of use as human food" applies to any carcass or part of a carcass of any animal or poultry or animal meat or poultry product unless it is denatured or otherwise, identified as unfit for human consumption as required by department rules, or is naturally inedible by humans.

AB644,4 Section 4. 97.42 (1) (bg) of the statutes is created to read:

AB644,4,11 97.42 (1) (bg) "Captive game animal" means an animal of a normally wild type that is produced in captivity for slaughter and consumption. "Captive game animal" does not include a farm-raised deer, ratite, captive game bird, fish, or an animal that is kept solely for hunting purposes at a hunting preserve.

AB644,5 Section 5. 97.42 (1) (br) of the statutes is created to read:

AB644,4,17 97.42 (1) (br) "Captive game bird" means a bird of a normally wild type that is produced in captivity for slaughter and consumption, including a pheasant, quail, wild turkey, migratory wildfowl, or other bird that the department designates as a captive game bird by rule. "Captive game bird" does not include poultry, ratites, or birds kept solely for hunting purposes at a hunting preserve.

AB644,6 Section 6. 97.42 (1) (c) of the statutes is repealed.

AB644,7 Section 7. 97.42 (1) (cm) of the statutes is created to read:

AB644,4,22 97.42 (1) (cm) "Denature" means to intentionally make an item unfit for human consumption by adding a substance to it to alter the item's appearance or other natural characteristics.

AB644,8 Section 8. 97.42 (1) (d) (intro.) of the statutes is amended to read:

AB644,5,3 97.42 (1) (d) (intro.) "Establishment" means a plant or premises, including retail premises, where animals livestock or poultry are slaughtered for human consumption, or a plant or premises, including retail premises, where meat or poultry products or meat food products are processed, but shall does not include any of the following:

AB644,9 Section 9. 97.42 (1) (d) 2. of the statutes is repealed.

AB644,10 Section 10. 97.42 (1) (d) 3. of the statutes is amended to read:

AB644,5,10 97.42 (1) (d) 3. Premises of a person who is the owner of the animals livestock or poultry to be slaughtered or of carcasses the meat or poultry products to be processed, and if the resulting product is for exclusive use by him or her and the owner, members of his or her the owner's household and his or her, or the owner's nonpaying guests and employees.

AB644,11 Section 11. 97.42 (1) (e) of the statutes is amended to read:

AB644,5,14 97.42 (1) (e) "Inspector" means any person employed by the department or any cooperating agency who is or authorized by the department to do any work or perform any duty in connection with the department's meat and poultry inspection program.

AB644,12 Section 12. 97.42 (1) (em) of the statutes is created to read:

AB644,5,18 97.42 (1) (em) "Livestock" means cattle, sheep, swine, goats, farm-raised deer, alpacas, llamas, bison, ratites, rabbits, and other species that the department designates as livestock by rule.

AB644,13 Section 13. 97.42 (1) (f) of the statutes is amended to read:

AB644,5,24 97.42 (1) (f) "Meat broker" means any person engaged in the business of buying or selling meat and or poultry products, or meat and poultry food products on commission, or otherwise negotiating purchases or sales of such articles meat or poultry products other than for the person's own account or as an employee of another person.

AB644,14 Section 14. 97.42 (1) (fm) of the statutes is amended to read: