Current through August 26, 2024
(1) SLAUGHTER AND
OTHER PROCESSING STANDARDS; LIVESTOCK.
(a) A
meat establishment operator who does any of the following shall comply with
applicable federal standards under 9 CFR Chapter III, Subchapters A and E:
1. Slaughters livestock for human
consumption.
2. Processes the meat
of livestock for human consumption.
(b) Paragraph (a) does not apply to mobile
custom processing.
Note: See s.
97.42(4m),
Stats.
(c) A meat
establishment operator who does any of the activities in par. (a) and whose
establishment is selected for participation in the cooperative interstate
shipment program shall comply with applicable federal standards under 9 CFR 321
and 332.
(2) SLAUGHTER
AND OTHER PROCESSING STANDARDS; POULTRY AND CAPTIVE GAME BIRDS.
(a) A meat establishment operator who does
any of the following shall comply with applicable requirements under 9 CFR
Chapter III, Subchapters A and E.
1.
Slaughters poultry or captive game birds for human consumption.
2. Otherwise processes the meat of poultry or
captive game birds for human consumption.
(b) Paragraph (a) does not apply to mobile
custom processing.
(c) Paragraph
(a) does not apply to a person slaughtering and otherwise processing not more
than 1,000 poultry annually, provided that all the following apply:
1. The person produces all of those poultry
on his or her premises.
2. The
person slaughters, otherwise processes, and sells the poultry at the premises
where they are produced or directly to consumers contracting with the person's
community supported agriculture business.
3. The person clearly and conspicuously marks
each package or container of poultry meat with the person's name and address,
and the words "NOT INSPECTED."
Note: See ss.
97.42(4m) and
97.42(11),
Stats.
(d) A meat
establishment operator who does any of the activities in par. (a), and whose
establishment is selected for participation in the cooperative interstate
shipment program, shall comply with applicable federal standards under 9 CFR
381, Subparts S and Z.
(3) SLAUGHTER AND OTHER PROCESSING STANDARDS:
RATITES.
(a) A meat establishment operator who
does any of the following shall comply with applicable requirements under 9 CFR
Chapter III, Subchapters A and E:
1.
Slaughters ratites for human consumption.
2. Otherwise processes the meat of ratites
for human consumption.
(b) Paragraph (a) does not apply to mobile
custom processing.
Note: See s.
97.42(4m),
Stats.
(c) A meat
establishment operator who does any of the activities in par. (a), and whose
establishment is selected for participation in the cooperative interstate
shipment program, shall comply with applicable federal standards under 9 CFR
381, Subparts S and Z.
(4) SLAUGHTER AND OTHER PROCESSING STANDARDS;
RABBITS AND CAPTIVE GAME ANIMALS. A person slaughtering a rabbit or a captive
game animal for human consumption shall do so in a humane and sanitary manner.
If the department provides ante mortem and post mortem slaughter inspection,
the person shall comply with procedures specified by the department. The
procedures shall be consistent with applicable procedures specified by the
United States department of agriculture.
(5) CUSTOM PROCESSING; STANDARDS. Custom
processing operations shall comply with applicable requirements under this
section and ss.
ATCP 55.08 and 55.09.
(6) ANIMALS THAT ARE DISEASED, INJURED, OR
WILL YIELD AN ADULTERATED CARCASS; GENERAL. No person may slaughter a food
animal for human consumption, or submit a food animal for slaughter for human
consumption, if the person knows or has reason to know that the animal is
diseased, injured, or will yield a carcass that is adulterated as defined in
9 CFR
301.2. This subsection does not prohibit any
of the following:
(a) A slaughter that is
subject to ante mortem and post mortem inspection by the department or the
United States department of agriculture.
(b) The custom slaughter of an animal injured
within 24 hours prior to slaughter, provided the animal is not
diseased.
(c) The custom slaughter
of an animal injured more than 24 hours prior to slaughter if all the following
apply:
1. The animal is not
diseased.
2. A licensed practicing
veterinarian performs an ante mortem and post mortem inspection on the
slaughtered animal.
(d)
The slaughter of an animal presented by a producer listed in the U.S.
department of agriculture Residue Repeat Violator List for Use by Livestock
Markets and Establishments if the producer, in collaboration with a licensed
veterinarian, provides to the department written evidence of enrollment and
completion of a course on proper administration of animal medications, approved
by the department. Certification of course enrollment and completion shall be
provided on a form prescribed by the department. Enrollment in the course shall
occur not more than 30 days after the producer is listed on the U.S. department
of agriculture Residue Repeat Violator List for Use by Livestock Markets and
Establishments, and completion of the course shall occur not more than 180 days
after enrollment.
Note: The U.S. department of agriculture Residue
Repeat Violator List for Use by Livestock Markets and Establishments may be
accessed at the following website:
http://www.fsis.usda.gov/wps/portal/fsis/topics/data-collection-and-reports/chemistry/residue-chemistry
and selecting the link to the USDA Residue Repeat Violator List for Use by
Livestock Markets and Establishments.
(7) DISEASED OR INJURED ANIMALS; OWNER
CERTIFICATION. If a person submitting a food animal for slaughter for human
consumption knows or has reason to know the animal is diseased or injured; that
person shall, prior to the animal's slaughter, sign and deliver a written
statement to the person who will perform the slaughter. The statement shall
certify all the following:
(a) The name and
address of every person who has had custody of the animal within 30 days prior
to the slaughter submission date.
(b) The nature of each known or suspected
disease or injury.
(c) The date on
which each injury occurred, if known.
(d) The cause of each injury, if
known.
(e) The date on which the
animal became incapable of standing or walking, if the animal is incapable of
standing or walking.
(f) The dates
of delivery, the delivery method, and the withdrawal time following delivery of
all drugs as treatments or feed additives have complied with manufacturer's
recommendations, or complied with a licensed veterinarian's prescription,
including a prescription for an extra-label use of an over-the-counter drug.
Note: The certification requirement under sub.
(7) applies to inspected slaughters as well as uninspected custom
slaughters.
(8)
ANIMALS THAT CANNOT STAND OR WALK. No person may slaughter a food animal for
human consumption or submit a food animal for slaughter for human consumption
if that animal cannot stand, rise from a recumbent position, or walk without
assistance. This prohibition does not apply to any of the following:
(a) Food animals, other than cattle,
slaughtered at a meat establishment licensed under s.
ATCP 55.03 if all the following apply:
1. The meat establishment has adequate
facilities to handle the food animal in a humane manner, including facilities
required under sub. (11) (c).
2. A
department veterinarian performs an ante mortem and post mortem inspection on
the food animal.
(b) Food
animals, other than cattle, slaughtered at a meat establishment inspected by
the United States department of agriculture under
21 USC
451 to
695.
(c) The mobile custom slaughter of food
animals, other than cattle, that are injured within 24 hours prior to
slaughter, provided the animals are not diseased.
(d) The mobile custom slaughter of food
animals, other than cattle, that are injured more than 24 hours prior to
slaughter if all the following apply:
1. The
food animals are not diseased.
2. A
licensed practicing veterinarian performs ante mortem and post mortem
inspections on the slaughtered food animals.
Note: See subs. (6) and (7). A mobile custom
slaughter must comply with ss.
ATCP 55.08 and 55.09.
(e) Cattle that qualify for exemption under
9 CFR
309.3 based on ante mortem and post mortem
inspection by a veterinarian employed by the department or by the United States
department of agriculture under
21 USC
451 to
695.
Note: With very limited exemptions,
9 CFR
309.3 prohibits the slaughter of
non-ambulatory cattle for human consumption (the prohibition applies to
custom-slaughtered animals, as well as animals slaughtered for sale). An animal
does not qualify for exemption unless a state or federal veterinarian makes
that determination, based on an ante mortem and post mortem examination of the
animal.
(9)
CARCASSES AND MEAT RECEIVED FOR PROCESSING.
(a) A meat establishment operator shall
examine all carcasses and meat received for processing at that meat
establishment. The operator shall examine the carcasses and meat before
receiving them into any processing or storage area.
(b) A meat establishment operator may not
receive, into any processing or storage area, any unclean or apparently
adulterated carcass or meat. The operator shall handle, store, and prepare
carcasses and meat to prevent contamination of other carcasses, meat and
food.
(c) Except as provided in
par. (d) or (e), a meat establishment operator may not process any carcass or
meat produced by the custom slaughter of a diseased or injured
animal.
(d) A meat establishment
operator may custom process the carcass or meat produced by the slaughter of a
food animal injured within 24 hours prior to slaughter, provided the animal was
not diseased.
(e) A meat
establishment operator may custom process the carcass or meat produced by the
slaughter of a food animal injured more than 24 hours prior to slaughter if all
the following apply:
1. The animal was not
diseased.
2. A licensed practicing
veterinarian performed an ante mortem and post mortem inspection on the
slaughtered animal, and certified in writing that the carcass was unadulterated
and free of disease.
Note: The department may retain or condemn
adulterated or misbranded meat or meat food products, including those produced
by custom slaughter or processing (see s.
ATCP 55.14). If the
department inspects a custom slaughter, the department will follow applicable
inspection procedures under this chapter.
(10) CONDEMNED ANIMALS AND MEAT.
(a) If the department condemns a food animal
on ante mortem inspection, the meat establishment operator shall kill the
animal, inject it with a denaturant, and dispose of it as directed by the
department. The denaturant shall consist of a 10% solution of carbolic or
cresylic acid. A meat establishment operator may use another denaturant if the
department pre-approves that denaturant. The meat establishment operator,
acting under direct department supervision, shall inject at least 40 ml. of the
denaturant into the heavy musculature of each carcass quarter and into each of
the abdominal and thoracic cavities.
(b) No person may slaughter, for human
consumption, any food animal that the department has condemned as being
adulterated or unfit for human consumption. The animal owner or meat
establishment operator shall dispose of the condemned animal in a manner
directed by the department.
(c) An
animal condemned on ante mortem inspection may not be skinned or eviscerated at
a meat establishment. This does not prohibit the recovery, under department
supervision, of animal parts needed for diagnostic testing required by the
department.
(d) No person may
process for human consumption, or sell or distribute for human consumption, any
meat that the department has condemned as being adulterated. The meat
establishment operator shall denature or de-characterize the condemned meat so
that the meat is no longer naturally edible by humans. Containers used for
condemned meat shall be conspicuously marked "INEDIBLE."
(e) If the department orders a meat
establishment operator to trim any carcass to remove adulterated meat, the
operator shall complete the trimming before placing the carcass in a
cooler.
(f) A meat establishment
operator shall clean and sanitize facilities, equipment, and utensils that have
come in contact with any condemned animal or meat before using the facilities,
equipment, or utensils in any other slaughter or processing
operations.
(11) HUMANE
SLAUGHTER AND TREATMENT.
(a) Persons
slaughtering food animals shall use humane methods. Humane methods include any
of the following:
1. Captive bolt
devices.
2. Electrical
stunning.
3. CO2 gas
chamber.
4. Gun shot.
5. Established religious dietary law
procedures, such as rabbinical (kosher) procedures.
(b) Persons receiving, transporting, or
holding food animals for slaughter shall do so in a humane manner.
(c) If a meat establishment receives food
animals that cannot stand or walk, the meat establishment operator shall do all
the following:
1. Maintain separate holding
pens for those animals, and protect them from physical contact with other
animals.
2. Maintain skids, mats,
or other department-approved conveyances for moving those animals humanely. A
meat establishment operator may not drag an animal that cannot stand or walk,
but shall move the animal by means of an approved conveyance.
(d) Meat establishment operators
shall construct and maintain livestock pens, driveways, and ramps to prevent
injury to animals.
(e) Persons
moving food animals to slaughter shall do so in a manner that minimizes animal
excitement and discomfort. Persons driving food animals to slaughter shall
avoid excessive use of driving implements that may cause unnecessary
excitement, pain, or injury to the animals. Persons driving food animals to
slaughter may not stab or prod the animals with sharp driving
implements.
(f) Food animals held
at meat establishments pending slaughter shall have access to drinking water.
If they are held for more than 24 hours, they shall also have access to
feed.
(g) No livestock, ratites, or
captive game animals may be shackled, hoisted, stuck, or cut for slaughter,
except according to rabbinical (kosher) or other established religious dietary
practices, until the livestock, ratites, or captive game animals are rendered
insensible to pain.
Note: See s.
95.80,
Stats.
(h) If a bullet,
bolt, or other slaughter projectile penetrates the brain of a slaughtered food
animal, that brain may not be used for human food.
(i) No head, head meat, or cheek meet from a
food animal slaughtered by gunshot may be used for human food. This paragraph
does not prohibit the use of the animal's tongue for human
food.
(12) HORSES AND
HORSE MEAT. No person may slaughter or process equines at a meat establishment
where other domesticated food animals are slaughtered or processed. Equine
carcasses, equine meat, and equine meat food products shall be conspicuously
labeled "HORSE MEAT" or "HORSE MEAT PRODUCT" in a manner approved by the
department.
(13) RECORDS.
(a) Except as provided in par. (b), a person
who slaughters a food animal for human consumption, or who processes the meat
of a food animal for human consumption, shall make a record of that slaughter
or processing. The record shall include all the following:
1. The date and time of slaughter or
processing.
2. The number and type
of animals slaughtered, and the disposition of the carcasses.
3. The type and amount of meat processed, and
the disposition of that meat.
4.
Any certificates required under sub. (7).
5. Other relevant information required by the
department.
(b) Paragraph
(a) does not require a meat establishment operator to duplicate slaughter
records kept by the department's inspector.
(c) Records required under this subsection
shall be made at the time the specific event occurs and include the date and
time recorded, and shall be signed or initialed by the meat establishment
employee making the entry.
(d) A
person required to make a record under par. (a) shall keep that record for at
least 3 years, and shall make the record available to the department for
inspection and copying upon request.
