Sec. ATCP 55.07 - Slaughter and other processing standards; general

ยง ATCP 55.07. Slaughter and other processing standards; general

(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.

(CR 01-042: cr. Register March 2002 No. 555, eff. 4-1-02; CR 07-116: am. (1) (a) (intro.), (2) (a) (intro.), (3) (a) (intro.) and (8), cr. (8) (e) Register November 2008 No. 635, eff. 12-1-08; CR 08-075: am. (3) (a) (intro.) Register April 2009 No. 640, eff. 5-1-09; CR 10-122: am. (1) (a) Register July 2011 No. 667, eff. 8-1-11; EmR1213: emerg. am. (1) (a) (intro.), cr. (1) (c), am. (2) (a) (intro.), cr. (2) (d), am. (3) (a) (intro.), cr. (3) (c), eff. 9-13-12; CR 12-040: am. (1) (a) (intro.), cr. (1) (c), am. (2) (a) (intro.), cr. (2) (d), am. (3) (a) (intro.), cr. (3) (c) Register May 2013 No. 689, eff. 6-1-13. Amended by, CR 14-024: am. (6) (intro.), cr. (6) (d), am. (7) (f) Register, Register May 2015 No. 713, eff. 6/1/2015 Amended by, CR 17-072: am. (title), (1), (2) (title), (a) (intro.), 2., (b), (c) (intro.), 1., 2., (3) (title), (a) (intro.), 2., (b), renum. (4) (a) to (4) and am., am. (5), (6) (intro.), (d), (9) (b), (e) 2., (10) (b), (d), (e), (11) (g), renum. (13) (c) to (13) (d), cr. (13) (c) Register July 2018 No. 751, eff. 8/1/2018 Amended by, except correction in (4), Register December 2018 No. 756, eff. 1/1/2019)

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