Section 55.14. Enforcement.

 

(1)   Investigations. The department may conduct inspections and other investigations to determine compliance with this chapter and ch. 97 , Stats. The department may exercise its authority under chs. 93 and 97 , Stats., in support of its inspections and investigations.

(2)   Meat holding order.

(a) The department may issue a holding order to prohibit the sale or movement of any meat or meat food product if the department has reasonable grounds to suspect that the meat or meat food product is unwholesome, adulterated, or misbranded, or otherwise fails to meet the standards or requirements of this chapter or ch. 97 , Stats. The department may issue a holding order pending further examination or analysis to determine whether the meat or meat food product is unwholesome, adulterated, or misbranded, or otherwise fails to meet the standards or requirements of this chapter or ch. 97 , Stats.

(b) The department shall serve a holding order by delivering a copy to the owner or custodian of the meat or meat food products, or by placing a copy in a conspicuous place on or near the meat or meat food products. A "WIS. RETAINED" tag applied under s. ATCP 55.06 (5) (f) has the effect of a holding order served under this subsection.

(c) A holding order remains in effect for 14 days unless the department withdraws it earlier. The department may extend a holding order for one additional 14-day period by re-serving the order or by leaving the "WIS. RETAINED" tag on the meat.

(d) No person may sell, move, or alter any meat or meat food product under holding order, except with the department's permission. The department may authorize the owner or custodian to take appropriate corrective action.

(e) The department may release a holding order if the department finds that the suspect meat or meat food product is not unwholesome, adulterated, or misbranded, or that the violation has been corrected.

(3)   Meat condemnation order.

(a) If the department finds that meat or a meat food product is unwholesome, adulterated, misbranded, not inspected and approved according to this chapter or s. 97.42 , Stats., or not processed according to this chapter or s. 97.42 , Stats., the department may order the owner or custodian to do any of the following:

1. Correct the violation within a reasonable time period specified by the department.

2. Dispose of the meat or meat food product, in a manner specified by the department. The department may order disposal of meat or a meat food product if a violation cannot be corrected, or if the owner or custodian fails to correct the violation within the time specified under subd. 1. Returning meat to the recipient of a custom slaughter or custom processing service does not correct a violation.

(b) The department shall serve an order under par. (a) by delivering a copy to the owner or custodian of the meat or meat food products, or placing a copy in a conspicuous place on or near the meat or meat food products. An order takes effect when served. A "WIS. INSP'D and CONDEMNED" mark applied under s. ATCP 55.06 (5) (e) has the effect of a meat condemnation order served under this subsection.

(c) No person may sell, move, or alter any meat or meat food product covered by the department's order except as directed by this chapter or by the department.

(4)   Order to correct violation. The department may order a person to correct a violation of this chapter or ch. 97 , Stats. The department may specify a deadline for correcting the violation.

(5)   Rejected facilities, equipment or utensils. The department may issue an order prohibiting the use of unsanitary facilities, equipment, or utensils that may contaminate meat or meat food products. The department may issue an order under this subsection by applying a "REJECTED" tag to the facilities, equipment, or utensils. A person may not use the equipment or utensils until the violation is corrected and the department withdraws its order.

(6)   Meat inspection staff authorized to issue orders. An authorized department employee may issue orders under this section.

History: CR 01-042 : cr. Register March 2002 No. 555 , eff. 4-1-02; CR 06-028 : am. (2) (a) and (3) (a) (intro.) Register November 2006 No. 611 , eff. 12-1-06.

Note

Under chs. 93 and 97 , Stats., the department may inspect meat slaughtering, processing, selling, and distributing facilities and practices, regardless of whether those practices occur at meat establishments licensed under s. ATCP 55.03 . The department will provide ante mortem and post mortem slaughter inspection only for persons licensed under s. ATCP 55.03 . Microsoft Windows NT 6.1.7601 Service Pack 1 Under ss. 93.06 and 97.42 , Stats., the department may deny, suspend or revoke a license or permit for violations of this chapter. The department may also pursue court enforcement under ss. 93.21 , 97.72 , and 97.73 , Stats., and other applicable laws. Microsoft Windows NT 6.1.7601 Service Pack 1