Section 55.10. Meat labels and formulas.

 

(1)   General. Meat and meat food products sold in this state shall be labeled according to this chapter and ch. ATCP 90 . No person may sell any misbranded meat or meat food products, or make any false, deceptive, or misleading representation in connection with the sale of meat or meat food products.

(2)   Meat labels; general. No person may sell any meat or meat food product unless that meat or meat food product is clearly labeled with all the following:

(a) The name of the meat or meat food product.

(b) The net weight of the meat or meat food product.

(c) The name and address of the person who last processed the meat, or the name and address of the legally responsible distributor for whom the meat was last processed.

(d) An inspection legend if required under sub. (3) or 9 CFR 317.2 .

(e) An ingredient statement if the product contains 2 or more ingredients. The ingredient statement shall contain the word "INGREDIENTS:" followed by a listing of ingredients in order of weight.

(f) Safe handling instructions if required under 9 CFR 317.2 (l).

(g) One of the following statements if the meat or meat food product is being sold at retail and is perishable:

1. "Perishable."

2. "Keep refrigerated."

3. "Keep under refrigeration."

4. "Keep frozen."

(3)   Inspection legend.

(a) Except as provided in par. (b) , a license holder under s. ATCP 55.03 who processes meat or meat food products from meat inspected and passed by the department shall label that processed meat and those processed meat food products with a state inspection legend. The legend shall appear on all packages and containers of processed meat and meat food products, so that it is clearly visible to prospective purchasers.

(b) Paragraph (a) does not apply to meat and meat food products processed at a retail establishment and sold only to individual consumers at that establishment.

(c) Except as provided in par. (d) , the state inspection legend under par. (a) shall consist of an outline map of Wisconsin enclosing the words "WIS. DEPT. AGR. INSPECTED" and the meat establishment number assigned under s. ATCP 55.03 (10) .

(d) The inspection legend under par. (a) shall consist of an equilateral or isosceles triangle enclosing the words "WIS. DEPT. AGR. INSPECTED" and the meat establishment number assigned under s. ATCP 55.03 (10) if all the following apply:

1. The meat or meat food product contains meat from farm-raised deer, captive game animals, or captive game birds.

2. Meat from domesticated food animals and ratites constitutes less than 3% of the product by weight.

3. Meat fat from domesticated food animals and ratites constitutes less than 30% of the product by weight.

(e) If space is limited, the word "INSPECTED" in the state inspection legend under par. (c) or (d) may be abbreviated as "INSP'D."

(4)   Standards of identity. Labeling of meat and meat food products shall comply with applicable standards of identity in 9 CFR 319 . No person may misrepresent the identity of any meat or meat food product.

(5)   Formula approval.

(a) No person may manufacture any meat food product in a meat establishment licensed under s. ATCP 55.03 unless the department first approves the product formula for compliance with applicable labeling and food safety requirements, including applicable standards of identity under sub. (4) .

(b) To obtain the department's approval under par. (a) , a person shall submit the product formula on a form provided by the department. The form shall identify the meat, chemical, and other ingredients in the product, and shall include any other information required by the department.

(c) The department shall approve or disapprove a product formula within 30 days after the department receives a complete application under par. (b) . The department shall give the applicant written notice of its action. If the department does not approve the formula, the notice shall state the department's reasons.

(6)   Label approval. No person may sell any of the following meat or meat food products unless the department first approves the labeling of that meat or those meat food products:

(a) Meat or meat food products bearing labels that make health, quality, or nutritional claims.

(b) Meat from farm-raised deer, captive game animals, or captive game birds, or meat food products made from that meat.

(c) Meat or meat food products bearing labels that make claims related to organizational membership or organizational standards.

(7)   Prohibited labeling practices.

(a) No person may apply, to any meat or meat food product, any mark, legend, or label that is false, deceptive, or misleading.

(b) No person may misrepresent that the department has inspected meat, or misrepresent the department's inspection findings related to meat.

(c) No person may misrepresent that any meat or meat food product has been processed at a licensed meat establishment, or is derived from meat inspected and passed by the department.

(d) No person may counterfeit or use without proper authority any inspection mark, label, or marking device under this subsection.

(e) No person may wrongfully alter or remove any mark or label applied under this section.

(f) No person may sell, transport, or store any meat or meat food product that is not marked, labeled, or identified according to this chapter.

History: CR 01-042 : cr. Register March 2002 No. 555 , eff. 4-1-02.

Note

See ss. 97.03 , 100.18 and 100.183 , Stats. Chapter ATCP 90 (fair packaging and labeling) contains general requirements for the packaging and labeling of food and other consumer commodities. Microsoft Windows NT 6.1.7601 Service Pack 1 Federal law prohibits the sale, in other states, of state-inspected meat that is required to bear the Wisconsin inspection under par. (c). The following is an illustration of the Wisconsin inspection legend described in par. (c): Microsoft Windows NT 6.1.7601 Service Pack 1 - See PDF for diagram Microsoft Windows NT 6.1.7601 Service Pack 1 Federal law does not prohibit the sale, in other states, of state-inspected meat from farm-raised deer, captive game animals, or captive game birds (meat required to bear a triangular inspection legend under par. (d)). The following is an illustration of the state inspection legend described in par. (d): Microsoft Windows NT 6.1.7601 Service Pack 1 - See PDF for diagram Microsoft Windows NT 6.1.7601 Service Pack 1