Section 55.03. Meat establishment license.

 

(1)   Annual license required. Except as provided in sub. (2) , no person may operate a meat establishment without a current annual license from the department. A license expires on June 30 of each year. A person who operates more than one meat establishment shall hold a current annual license for each meat establishment. Each slaughter establishment license shall bear a livestock premises code issued under s. ATCP 17.02 (7) . A license may not be transferred between persons or meat establishments.

(2)   License exemptions. The license requirement under sub. (1) does not apply to any of the following:

(a) Slaughter or processing operations inspected by the United States department of agriculture under 21 USC 451 to 695 .

(b) Mobile custom slaughter or mobile custom processing operations.

(c) The custom slaughter or custom processing of captive game animals or captive game birds.

(d) A person slaughtering and processing poultry produced on that person's farm, provided that all the following apply:

1. The person slaughters and processes no more than 1,000 poultry per year.

2. The person slaughters, processes, and sells the poultry at the farm where they are produced.

3. The person clearly and conspicuously labels each package or container of poultry meat with the person's name and address and the words "NOT INSPECTED."

(e) A retail establishment that processes meat or meat food products primarily for sale to individual consumers at the retail establishment, provided that all the following apply:

1. The retail establishment is not engaged in slaughter operations.

2. The retail establishment sells the processed meat and meat food products only to individual consumers at the retail establishment, or to restaurants or institutions for use in meals served at those restaurants or institutions.

3. The retail establishment's sales of its processed meat and meat food products to restaurants or institutions do not exceed $28,800 annually, or 25% by dollar volume of all meat sales from the retail establishment, whichever is less.

4. The retail establishment receives meat only from meat establishments licensed under this section or inspected by the United States department of agriculture under 21 USC 451 to 695 .

5. The operator of the retail establishment does not sell, to any person other than an individual consumer, any meat or meat food product that is cured, smoked, seasoned, canned, or cooked at the retail establishment.

6. The operator of the retail establishment does not sell, to any person other than an individual consumer, any meat food product made by combining meat from different animal species at the retail establishment.

(f) A retail establishment qualifying for an exemption under 9 CFR 303.1 (d) (2) (iv) (c) or (e) (1) or 9 CFR 381.10 (d) (1) or (e) (1).

(3)   License application. A person shall apply for a meat establishment license on a form provided by the department. The application shall include all the following:

(a) The applicant's correct legal name, and any trade name under which the applicant proposes to operate a meat establishment.

(b) The applicant's social security number if the applicant is an individual.

(c) The address of each meat establishment.

(d) For each meat establishment, a proposed slaughter and processing schedule under sub. (12) (a) .

(dm) Additional information, if any, required under s. ATCP 17.02 (4) for purposes of livestock premises registration.

(e) Other relevant information required by the department.

(f) The fees required under sub. (4) .

(4)   License fees. A person shall pay a $200 annual license fee for each licensed meat establishment, except that the person shall pay an annual license fee of $80 if the person is solely engaged in custom slaughtering or custom processing operations at that meat establishment.

(5)   Pre-license inspection. Before the department issues a license for a new meat establishment, or issues a license to a new operator of an existing meat establishment, the department shall inspect that meat establishment. The department shall perform the inspection within 30 days after the operator applies for the license, unless the applicant agrees to a later inspection date.

(6)   Action on license application.

(a) Except as provided in par. (b) , the department shall grant or deny an annual meat establishment license application within 30 days after the department receives a complete application.

(b) If sub. (5) requires a pre-license inspection, the department shall grant or deny the license application within 30 days after the department performs that inspection.

(c) If the department denies a meat establishment license application, the department shall give the applicant written notice of the reasons for that denial.

(7)   Denying, suspending or revoking a license. The department may deny, suspend or revoke a meat establishment license for cause, as provided in ss. 93.06 (7) , 97.42 (10) and 97.42 (12) , Stats. Cause may include a violation of this chapter.

(8)   Conditional license. The department may issue a meat establishment license subject to conditions, or may impose conditions on an existing license, as provided in s. 93.06 (8) , Stats.

(9)   License displayed. A person holding a meat establishment license shall display that license in a prominent location at the licensed meat establishment.

(10)   Meat establishment number. The department shall assign, to each licensed meat establishment, a meat establishment number that uniquely identifies that meat establishment.

(11)   Processing wild game.

(a) Except as provided in par. (b) , no person may slaughter or process any animals other than food animals at a meat establishment.

(b) A meat establishment operator may custom process legally harvested wild game at a meat establishment if all the following apply:

1. The operator notifies the department that the operator plans to custom process wild game at that meat establishment. Notice shall specify the type of wild game to be processed. The department may restrict wild game processing that is incompatible with the slaughter or processing of food animals.

2. The operator accepts only clean and apparently wholesome wild game carcasses for custom processing.

3. The operator, when custom processing wild game, complies with processing, labeling, and record keeping requirements applicable to the custom processing of food animals under s. ATCP 55.08 .

4. The operator custom processes wild game only at times when the operator is not engaged in slaughtering or processing food animals. The operator shall thoroughly clean and sanitize equipment and utensils used to process wild game before using the same equipment or utensils to slaughter or process food animals or the meat of food animals.

5. The operator keeps wild game and wild game products separate from all other meat and meat food products in the meat establishment.

6. The operator clearly labels wild game products, so they cannot be confused with other meat or meat food products. Wild game products shall be clearly identified by species.

7. The operator handles, processes, and stores wild game and wild game products in a manner that prevents contamination of other meat and meat food products.

(12)   Slaughter and processing schedule.

(a) A person applying for a meat establishment license shall include, with the license application, a proposed slaughter and processing schedule. A meat establishment operator need not include a schedule with a license renewal application if there has been no change in the schedule last established for the meat establishment under this subsection.

(b) A schedule under par. (a) shall specify the days of each week, and the hours of each day, during which the applicant proposes to engage in each of the following activities at the meat establishment:

1. Slaughter food animals to produce meat or meat food products for sale.

2. Process meat or meat food products for sale.

3. Custom slaughter food animals, or custom process meat or meat food products.

4. Custom process wild game, as provided in sub. (11) .

(c) The department may require a change in a slaughtering and processing schedule under this subsection if any of the following apply:

1. A change is needed in order to make slaughter inspection services available, or to make efficient use of the department's slaughter inspection staff.

2. The operator proposes to process wild game during times also scheduled for the slaughter or processing of food animals.

3. The operator proposes to engage in custom slaughter or processing operations during times also scheduled for the slaughter of food animals for sale, or the processing of meat for sale.

(d) A meat establishment operator may not deviate from a schedule established under this subsection, without prior department approval.

History: CR 01-042 : cr. Register March 2002 No. 555 , eff. 4-1-02; CR 04-103 : am. (1) and cr. (3) (dm) Register September 2005 No. 597 , eff. 10-1-05; EmR 1213: emerg. cr. (2) (f), eff. 9-13-12; CR 12-040 : cr. (2) (f) Register May 2013 No. 689 , eff. 6-1-13.

Note

Under s. 97.42 (3) , Stats., the department provides ante mortem and post mortem inspection services only to licensed meat establishments. According to federal law and s. ATCP 55.04 , captive game animals and captive game birds must be slaughtered subject to ante mortem and post mortem inspection if they are slaughtered for sale for human consumption . This slaughter inspection requirement does not apply to the custom slaughter of captive game animals or captive game birds. Microsoft Windows NT 6.1.7601 Service Pack 1 See s. 97.42 (11) , Stats. Microsoft Windows NT 6.1.7601 Service Pack 1 The scope of the federal exemption under 7 CFR 303.1 does not affect the scope of the state licensing exemption under this paragraph. Microsoft Windows NT 6.1.7601 Service Pack 1 See s. 93.135 (1) (nm) , Stats. Microsoft Windows NT 6.1.7601 Service Pack 1 The department may inspect any meat establishment, regardless of whether an inspection is required under sub. (5). Microsoft Windows NT 6.1.7601 Service Pack 1 The procedure for suspending or revoking a license, or for contesting a license denial, is set forth in ch. ATCP 1 . Microsoft Windows NT 6.1.7601 Service Pack 1 The procedure for imposing conditions on an existing license, or for contesting license conditions, is set forth in ch. ATCP 1 . Microsoft Windows NT 6.1.7601 Service Pack 1 Sub. (11) (b) 4. prohibits simultaneous processing of wild game and food animals. Microsoft Windows NT 6.1.7601 Service Pack 1 A meat establishment operator may not engage in custom slaughter or custom processing operations while the operator is simultaneously slaughtering food animals for sale, or simultaneously processing the meat of food animals for sale. There are exceptions for inspected custom operations, and for simultaneous operations that are physically separated to prevent cross-contamination and commingling. The department may disapprove a simultaneous schedule if these exceptions do not apply. See s. ATCP 55.08 (3) . Microsoft Windows NT 6.1.7601 Service Pack 1