Wisconsin Administrative Code
Department of Agriculture, Trade and Consumer Protection
ATCP 55-89 - Food, Lodging, and Recreation Safety
Chapter ATCP 55 - Meat And Poultry Products
Section ATCP 55.14 - Enforcement

Current through August 26, 2024

(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.

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.

(2) HOLDING ORDER.

(a) The department may issue a holding order to prohibit the sale or movement of any meat or poultry product if the department has reasonable grounds to suspect that the meat or poultry product is 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 poultry product is 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 poultry products, or by placing a copy in a conspicuous place on or near the meat or poultry 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 or poultry product.

(d) No person may sell, move, or alter any meat or poultry product under holding order, except with the department's written 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 poultry product is not adulterated or misbranded, or that the violation has been corrected.

(3) CONDEMNATION ORDER.

(a) If the department finds that a meat or poultry product is 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 in a manner specified by the department in writing.

2. Dispose of the meat or poultry product, in a manner specified by the department in writing. The department may order disposal of a meat or poultry 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.

(b) The department shall serve an order under par. (a) by delivering a copy to the owner or custodian of the meat or poultry products, or placing a copy in a conspicuous place on or near the meat or poultry 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 condemnation order served under this subsection.

(c) No person may sell, move, or alter any meat or poultry 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 poultry 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) INSPECTION STAFF AUTHORIZED TO ISSUE ORDERS. An authorized department employee may issue orders under this section.

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.

Disclaimer: These regulations may not be the most recent version. Wisconsin may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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