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 55.03 - Meat establishment license

Current through June 24, 2024
(1) ANNUAL LICENSE
				REQUIRED. Except as provided in sub. (2), no person may operate a meat
				establishment without a current annual license from the department. A license
				expires on June 30 of each year. A person who operates more than one meat
				establishment shall hold a current annual license for each meat establishment.
				The license, for each licensed meat establishment conducting slaughter, shall
				bear a livestock premises code issued under s.
				ATCP
				17.02(7). A license may not be
				transferred between persons or meat establishments.
(2) LICENSE EXEMPTIONS. The license
				requirement under sub. (1) does not apply to any of the following:
(a) Slaughter or processing operations
				inspected by the United States department of agriculture under
				21 USC
				451 to
				695.
(b) Mobile custom processing
				operations.
(c) The custom
				processing of captive game animals or captive game birds.
Note:
Under s.
				  97.42(3),
				  Stats., the department provides ante mortem and post mortem inspection services
				  only to licensed meat establishments. According to federal law and s.
				  ATCP
				  55.04, captive game animals and captive game birds
				  must be slaughtered subject to ante mortem and post mortem inspection if they
				  are slaughtered
for sale
for human consumption. This slaughter
				  inspection requirement does not apply to the
custom
slaughter
				  of captive game animals or captive game birds.
(d) A person slaughtering and otherwise
				processing poultry produced on that person's premises, provided that all the
				following apply:
1. The person slaughters and
				otherwise processes no more than 1,000 poultry annually.
2. The person slaughters, otherwise
				processes, and sells the poultry at the premises where they are
				produced.
3. The person clearly and
				conspicuously labels each package or container of poultry meat with the
				processor's name and address and the words "NOT INSPECTED."
Note:
See s.
				  97.42(11),
				  Stats.
(e) A
				retail food establishment licensed under s.
				97.30(2),
				Stats., that processes meat or poultry products primarily for sale to
				individual consumers at the retail food establishment, provided that all the
				following apply:
1. The retail food
				establishment is not engaged in slaughter operations that are amenable to
				inspection.
2. The retail food
				establishment sells the processed meat or poultry products only to individual
				consumers at the retail food establishment, or to hotels, restaurants, or
				institutions for use in meals served at those hotels, restaurants, or
				institutions.
3. The retail food
				establishment's gross annual value of sales of its meat and poultry products to
				hotels, restaurants, or institutions does not exceed the adjusted dollar limits
				published by the United States department of agriculture in
				9 CFR
				303.1(d) (2) (iii) (b) and 9
				CFR 381.10 (d) (2) (iii) (b) or 25% by dollar volume of all meat sales from the
				retail establishment, whichever is less. No person exempt from licensure under
				this paragraph may sell any cured, smoked, canned, or cooked meat or poultry
				products produced by the person to hotels, restaurants, or
				institutions.
4. The retail food
				establishment receives meat only from meat establishments licensed under this
				section or inspected by the United States department of agriculture under
				21 USC
				451 to
				695.
5. The operator of the retail food
				establishment does not sell, to any person other than an individual consumer,
				any meat or poultry product that is cured, smoked, canned, or cooked at the
				retail establishment.
6. The
				operator of the retail food establishment does not sell, to any person other
				than an individual consumer, any meat or poultry product made by combining meat
				from different animal species at the retail establishment.
(f) A retail food establishment qualifying
				for an exemption under
				9 CFR
				303.1(d) (2) (iv) (c) or (e)
				(1) or 9 CFR 381.10 (d) (1) or (e)
				(1).