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.