Sec. ATCP 55.02 - Definitions

ยง ATCP 55.02. Definitions

In this chapter:

(1) "Adulterated" has the meaning given in 9 CFR 301.2.

(1g) " Amenable to inspection" means subject to mandatory inspection under 21 USC 451 to 695 or this chapter.

(1m) "Ante mortem inspection" means a pre-slaughter inspection of live food animals.

(2) "Captive game animals" means white-tailed deer and other animals of a normally wild type that are produced in captivity for slaughter and consumption. "Captive game animals" does not include farm-raised deer, ratites, captive game birds, fish, or animals kept solely for hunting purposes at a hunting preserve.

(3) " Captive game birds" means birds of a normally wild type, including pheasant, quail, wild turkey, or migratory wildfowl that are produced in captivity for slaughter and consumption. "Captive game birds" does not include poultry, ratites, or birds kept solely for hunting purposes in a hunting preserve.

(4) "Carcass" means all edible parts of a slaughtered animal, including edible viscera.

(4g) " Community supported agriculture business" means a farm with which individuals contract to regularly receive two or more different agricultural products, which may include uncooked poultry products, originating from the farm.

(4m) "Cooperative interstate shipment program" means the program under which an establishment licensed and inspected under this chapter and complying with applicable requirements in 9 CFR 321 and 332, or applicable requirements of 9 CFR 381, Subparts R and Z, is allowed to distribute and sell in interstate commerce meat or poultry products manufactured bearing the mark of inspection authorized under s. ATCP 55.06(5) (j).

(5) "Custom processing" means slaughtering a food animal or processing meat products as a custom service for an individual who owns the animal or those meat products, and who uses all the resulting meat products for his or her own consumption. An individual's own consumption may include consumption by the owner, members of the owner's household, and the owner's nonpaying guests and employees. "Custom processing" includes mobile custom processing.

Note: A provider of custom slaughtering services does not "sell" the slaughtered food animal or the resulting meat, but merely provides a service to the meat owner. An owner's nonpaying guests may include nonpaying immediate family members.

(6) "Denature" means to intentionally make an item unfit for human consumption by adding a substance to it to alter the item's appearance or other natural characteristics.

(7) "Department" means the state of Wisconsin department of agriculture, trade and consumer protection.

(8) "Diseased animal" means an animal that has been diagnosed with a disease not known to be cured, or that has exhibited signs or symptoms of a disease not known to be cured. "Diseased animal" does not include an otherwise healthy animal that suffers only from injuries such as fractures, cuts, or bruises.

(9) "Domesticated food animal" means any of the following:

(a) Cattle.

(b) Swine.

(c) Poultry.

(d) Sheep.

(e) Goats.

(f) Farm-raised deer.

(g) Horses, mules and other equines.

(10) "Edible" means edible by humans.

(11) "Farm-raised deer" has the meaning given in s. 95.001(1) (ag), Stats. "Farm-raised deer" does not include captive white-tailed deer.

(12) "Food animals" means domesticated food animals, ratites, captive game animals, and captive game birds.

(13) "Individual" means a natural person.

(14) "Livestock" means domesticated food animals other than poultry. "Livestock" includes bison, alpacas, llamas, and rabbits.

(15) "Meat" means the edible muscle and other edible parts of a food animal, including edible skeletal muscle, edible organs, and edible muscle found in the tongue, diaphragm, heart, or esophagus. "Meat" includes edible fat, bone, skin, sinew, nerve, or blood vessel that normally accompanies meat and is not ordinarily removed in processing.

(16) "Meat broker" means a person who, without taking title to meat or poultry products, purchases, sells, or arranges the purchase or sale of meat or poultry products.

(17) " Meat distributor" means a person who distributes meat or poultry products at wholesale.

(18) " Meat establishment" means a permanent or mobile plant or premises where meat or poultry products for human consumption are processed for entering commerce or where meat or poultry processing services are provided.

(19) " Meat or poultry product" means any parts, including the viscera, of slaughtered livestock, poultry, or ratites that are capable of use for human food.

(19m) "Misbranded" has the meaning given in 9 CFR 301.2.

(20) "Mobile custom processing" means conducting slaughter or otherwise custom processing meat or poultry products for another person at that person's premises.

(22) "Person" means an individual, corporation, partnership, cooperative association, limited liability company, trust, or other organization or entity.

(23) "Post mortem inspection" means the inspection of slaughtered food animal carcasses and parts thereof.

(24) " Poultry" means domesticated birds including domesticated chickens, turkeys, geese, ducks, and guineas. "Poultry" does not include captive game birds or ratites.

(25) " Process" means to slaughter an animal or bird, cut, grind, manufacture, compound, intermix, or otherwise prepare meat or poultry products.

(26) "Ratite" means a member of the group of flightless birds that includes the ostrich, emu, cassowary, kiwi, and rhea.

(26m) "Retail" means selling food or food products directly to any consumer only for consumption by the consumer or the consumer's immediate family or non-paying guests.

(27) "Sanitize" means to destroy pathogens and other microorganisms, to the maximum practicable extent, by applying an approved sanitizer or sanitizing method to food contact surfaces of equipment, utensils, or food packages that are otherwise clean.

(28) "Sell" means to transfer ownership for a price, or to advertise, offer, hold, or distribute for sale.

(29) "Specified risk materials" means tonsils and the distal ileum of the small intestine from cattle of any age. For cattle 30 months of age or older, "specified risk materials" also means each of the following:

(a) Skull.

(b) Brain.

(c) Trigeminal ganglia.

Note: Trigeminal ganglia are the nerves attached to the brain.

(d) Eyes.

(e) Spinal cord.

(f) Vertebral column, excluding the vertebrae of the tail, the transverse processes of the thoracic and lumbar vertebrae, and the wings of the sacrum.

(g) Dorsal root ganglia.

Note: Dorsal root ganglia are the nerves attached to the spinal cord.

(30) "Veterinarian" has the meaning given in s. 97.42(1) (n), Stats.

(31) "Wholesale" means the transfer of any food to a person or commercial entity who will either re-sell it, distribute it, or use it as an ingredient in a product that will be then offered for sale or distribution. "Wholesale" also means the transfer of food from the point of production to another location for sale even if the other location is adjacent to the point of production.

(32) "Wild game" means edible wild animals other than fish. "Wild game" does not include any of the following:

(a) Captive game animals or captive game birds.

(b) Farm-raised deer.

(CR 01-042: cr. Register March 2002 No. 555, eff. 4-1-02; correction in (11) made under s. 13.93(2m) (b) 7, Stats., Register October 2004 No. 586; EmR 1213: emerg. cr. (4m), am. (24), eff. 9-13-12; CR 12-040: cr. (4m), am. (24) Register May 2013 No. 689, eff. 6-1-13. Amended by, CR 14-024: renum. (1) to (1m), cr. (1) Register May 2015 No. 713, eff. 6-1-15; correction in (2) and (11) made under s. 35.17, Stats., Register, Register May 2015 No. 713, eff. 6/1/2015 Amended by, correction in (29) (31) made under s. 13.92(4) (b) 7, Stats., Register January 2017 No. 733, eff. 2/1/2017 Amended by, CR 17-072: am. (1), cr. (1g), am. (1m), (2), (3), cr. (4g), am. (5), r. and recr. (6), am. (14), (16) to (19), cr. (19m), am. (20), r. (21), am. (23) to (25), cr. (26m), r. and recr. (29), (31) Register July 2018 No. 751, eff. 8/1/2018 Amended by, except correction in (14), Register December 2018 No. 756, eff. 1/1/2019)

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