97.41(9)(a)(a) A permit fee established by a local health department granted agent status exceeds the reasonable costs described under sub. (4) (a).
97.41(9)(b)(b) The person issuing, refusing to issue, suspending or revoking a permit or making an investigation or inspection of the appellant has a financial interest in a regulated establishment which may interfere with his or her ability to properly take that action.
97.41(9)(c)(c) That a license fee for a retail food establishment license issued by an agent local health department under this section exceeds the reasonable costs of that agent local health department for issuing the license, investigating and inspecting the establishment, and providing education, training and technical assistance to the establishment.
97.41 HistoryHistory: 1983 a. 203; 1985 a. 29 ss. 1643y to 1645, 3202 (3); 1987 a. 27 ss. 1693hL, 3200 (4); 1987 a. 399, 403; 1989 a. 56; 1993 a. 27; 1995 a. 27 s. 9126 (19); 2007 a. 20 s. 9121 (6) (a); 2015 a. 55; 2017 a. 225; 2019 a. 51.
97.4297.42Compulsory inspection of livestock or poultry, and meat or poultry products.
97.42(1)(1)Definitions. In this section:
97.42(1)(b)(b) “Capable of use as human food” applies to any meat or poultry product unless it is denatured, identified as unfit for human consumption as required by department rules, or is naturally inedible by humans.
97.42(1)(bg)(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.
97.42(1)(br)(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.
97.42(1)(cm)(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.
97.42(1)(d)(d) “Establishment” means a plant or premises, including retail premises, where livestock or poultry are slaughtered for human consumption, or where meat or poultry products are processed, but does not include any of the following:
97.42(1)(d)1.1. Establishments subject to 21 USC 451 to 695.
97.42(1)(d)3.3. Premises of a person who is the owner of the livestock or poultry to be slaughtered or of the meat or poultry products to be processed, if the resulting product is for exclusive use by the owner, members of the owner’s household, or the owner’s nonpaying guests and employees.
97.42(1)(dm)(dm) “Farm-raised deer” has the meaning given in s. 95.001 (1) (ag).
97.42(1)(e)(e) “Inspector” means any person employed or authorized by the department to do any work or perform any duty in connection with the department’s meat and poultry inspection program.
97.42(1)(em)(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.
97.42(1)(f)(f) “Meat broker” means any person engaged in the business of buying or selling meat or poultry products on commission, or otherwise negotiating purchases or sales of meat or poultry products other than for the person’s own account or as an employee of another person.
97.42(1)(fm)(fm) “Meat distributor” means a person who is engaged in the business of distributing in this state meat or poultry products at wholesale.
97.42(1)(h)(h) “Meat or poultry products” means any parts, including the viscera, of slaughtered livestock or poultry that are capable of use as human food.
97.42(1)(i)(i) “Mobile processor” means a person, other than the owner of the livestock or poultry being slaughtered or the meat or poultry products being processed, who slaughters livestock or poultry or processes meat or poultry products for the general public for compensation other than the trading of services on an exchange basis, and conducts the slaughtering or processing at the premises of the owner of the livestock or poultry being slaughtered or the meat or poultry products being processed.
97.42(1)(k)(k) “Official inspection mark” means the symbol formulated under the rules of the department to indicate that the meat or poultry product was inspected pursuant to the department’s rules.
97.42(1)(L)(L) “Poultry” means any domesticated birds, including chickens, turkeys, geese, ducks, or guineas, but does not include captive game birds or ratites.
97.42(1)(n)(n) “Veterinarian” means a graduate veterinarian of an accredited school of veterinary medicine who is qualified on the basis of training and experience, as determined by the department.
97.42(2)(2)License; certificate of registration.
97.42(2)(a)(a) Subject to pars. (b) and (bg), no person may operate an establishment without a valid license issued by the department. That license expires on June 30 annually, except that a license issued for a new establishment on or after March 30 but before July 1 expires on June 30 of the following year. No license may be issued unless the applicant has complied with the requirements of this section. The department shall establish by rule the annual license fees for establishments, not to exceed $200, based on the type of mandatory inspection required to be performed at the establishment. The department shall establish a reduced annual license fee for those establishments engaged only in slaughtering uninspected livestock or poultry or processing uninspected meat or poultry products as a custom service, but not for other operations for which a license under this section is required. No person may be required to obtain a license under s. 97.29 or 97.30 for activities licensed under this section or for establishments inspected under 21 USC 451 to 472 and 601 to 695.
97.42(2)(b)(b) Paragraph (a) does not apply to any person operating an establishment that only processes meat or poultry products for sale directly to consumers at retail on the premises where the products were processed, if only inspected meat or poultry products are permitted on the premises and sales to hotels, restaurants, and institutions are restricted to 25 percent of the gross annual value of meat or poultry product sales or the adjusted dollar limitation published by the federal department of agriculture under 9 CFR 303.1 (d) (2) (iii) (b), whichever is less. No person exempt from licensure under this paragraph may sell any cured, smoked, canned, or cooked meat or poultry products produced by that person to hotels, restaurants, or institutions.
97.42(2)(bg)(bg) Paragraph (a) does not apply to any person operating an establishment that meets the requirements under 9 CFR 303.1 (d) (2) (iv) (c) or (e) (1), or 381.10 (d) (2) (iv) (c) or (e) (1).
97.42(2)(c)(c) No person may operate as a mobile processor without an annual registration certificate issued by the department, except that no registration certificate is required for a mobile processor who holds a license issued under par. (a). A registration certificate expires on June 30, annually. An application for an annual registration certificate shall be submitted on a form provided by the department and shall include information reasonably required by the department for registration purposes. The department shall promulgate rules regulating mobile processors, including rules related to facilities, sanitation, identification of carcasses, and record keeping.
97.42(2)(d)(d) No person may operate as a meat broker or meat distributor without an annual registration certificate issued by the department, except that no registration certificate is required for a meat broker or a meat distributor who holds a license issued under par. (a). A registration certificate expires on June 30, annually. An application for an annual registration certificate shall be made on a form provided by the department and shall include information reasonably required by the department for registration purposes.