Section ATCP 57.12 - Animal food processors(1) ANNUAL LICENSE REQUIRED. (a) No person may do any of the following without an annual animal food processor license from the department: 1. Operate an animal food processing plant in this state.2. Collect, receive, or transport, in this state, carcasses or carcass materials for animal food processing by that person in this state.3. Slaughter animals in this state for animal food processing by that person in this state.(b) A license under sub. (1) expires on February 28 of each year and is not transferable. A license does not authorize the license holder to produce, sell or distribute food for human consumption. Note: An animal food processor licensed under sub. (1) must also hold a commercial feed license under s. ATCP 42.02 if the animal food processor does more than "minimal processing" of carcasses or carcass materials (see s. ATCP 42.02 (2) (e)). A commercial feed manufacturer licensed under s. ATCP 42.02 does not need an animal food processor license under sub. (1) if the commercial feed manufacturer processes only fully rendered animal products (see s. ATCP 57.01 (18)).
An animal food processor license does not authorize a person to process food for human consumption. Food processing is subject to other license requirements. See ch. ATCP 55 (meat and poultry products), ch. ATCP 70 (wholesale food manufacturing) and ch. ATCP 75 (retail food establishments).
(1m) LICENSE EXEMPTIONS. Animal food processing does not include any of the following: (a) The collection or transportation of whole animal carcasses by a collector licensed under s. ATCP 57.16, provided that the collector does not process the carcasses or remove hides or feathers.(b) A fur farm operator's processing of carcasses or carcass materials solely for feeding to fur bearing animals produced on that fur farm. Note: Fur farmers must register with the department under s. 97.44 (2), Stats.
(c) Rendering pursuant to a license under s. ATCP 57.10.(d) Grease processing pursuant to a license under s. ATCP 57.14.(e) Meat processing pursuant to a license under s. ATCP 55.03.(f) Mobile custom processing of meat pursuant to a registration under s. ATCP 55.09 (2).(g) Food processing pursuant to a license under s. ATCP 70.06.(h) Retail food processing pursuant to a license under s. 97.30 (2), Stats.(i) The processing of hides.(j) The manufacture of glue, pharmaceuticals, or gelatin.(k) The processing of fully rendered products for use as animal feed, pursuant to a commercial feed license under ch. ATCP 42. Note: Persons who produce gelatin or other food for human consumption are subject to state licensing requirements under ch. ATCP 55 (meat and poultry products), ch. ATCP 70 (wholesale food manufacturing), and ch. ATCP 75 (retail food establishments). The United States food and drug administration regulates pharmaceutical manufacturers.
Note: Persons who produce commercial feed must be licensed under ch. ATCP 42 except an animal food processor licensed under s. ATCP 57.12 does not need a commercial feed license if the animal food processor is engaged only in minimal processing of carcasses and carcass materials, s. ATCP 42.02 (2) (e). If an animal food processor licensed under s. ATCP 57.12 does more than minimal processing, the animal food processor also needs a commercial feed license under ch. ATCP 42. A feed manufacturer licensed under ch. ATCP 42 does not need an animal food processor license under s. ATCP 57.12 if the feed manufacturer processes only fully rendered animal products.
(2) LICENSE APPLICATION; FEES. To obtain an animal food processor license under sub. (1), a person shall apply on a form provided by the department. The application shall include all of the following: (a) The applicant's correct legal name, and any trade names under which the animal food processor engages in activities for which a license is required under sub. (1).(b) Whether the applicant is an individual, corporation, partnership, limited liability company or other business entity.(c) The applicant's primary business address.(d) The address of each animal food processing plant and truck transfer station that the animal food processor operates in this state.(e) The livestock premises registration number assigned under ch. ATCP 17 to each location identified under par. (d). If the applicant has not yet registered a location under ch. ATCP 17, the applicant may register that location as part of the license application under this subsection.(f) The applicant's social security number if the animal food processor is an individual. Note: See s. 93.135 (1) (im), Stats.
(g) A permit application for each vehicle for which a permit is required under s. ATCP 57.20 (2).(h) Other relevant information required by the department.(i) An annual license fee of $200 for each animal food processing plant that the animal food processor operates in this state. No fee is required for a truck transfer station.(j) A pre-license inspection fee of $25 for each animal food processing plant for which a pre-license inspection is required under sub. (3). No fee is required for pre-license inspection of a truck transfer station. Note: A person may obtain an animal food processor license application by calling (608) 224-4694, sending an email to datcpmeatpoultrylicensing@wi.gov, or by writing to the following address:
Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Food Safety
P.O. Box 8911
Madison, WI 53708-8911
(3) PRE-LICENSE INSPECTION. Before the department issues a license covering a new animal food processing plant, or issues a license to a new operator of an existing animal food processing plant, the department shall inspect that animal food processing plant. The department may also inspect separate truck transfer stations operated by the animal food processor. The department shall perform the inspection within 30 days after the operator files a complete license application, unless the applicant agrees to a later inspection date. Note: The department may inspect any animal food processing plant or transfer station, regardless of whether an inspection is required under sub. (3).
(4) ACTION ON LICENSE APPLICATION. The department shall grant or deny an annual license application under sub. (2) within 30 days after the department receives a complete application except that, if a pre-license inspection is required under sub. (3), the department shall grant or deny the application within 30 days after completing the pre-license inspection.(5) ADDITIONAL LOCATIONS. A license under sub. (1) covers only the locations identified in the license application. A license holder may, at any time during the license year, supplement the application to include additional locations. The applicant shall pay the fee required under sub. (2) (i) for each additional location. The department shall inspect each additional location before licensing that location.(6) ANIMAL FOOD PROCESSING PLANT LOCATED NEAR RESIDENCE OR BUSINESS.(a) Except as provided in par. (b) or (c), no person may establish an animal food processing plant within one-eighth mile of any existing building used as a residential dwelling or as a public or private place of business.(b) Paragraph (a) does not prohibit the continued operation or expansion of an animal food processing plant that was originally established prior to November 26, 1981, or that was originally established at least one-eighth mile from other buildings under par. (a), except that it prohibits an expansion that moves any portion of the plant closer to any other building under par. (a) that is located within one-eighth mile of the plant. Note: For example, an existing animal food processing plant does not violate par. (a) merely because a new residence or business facility is constructed within 1/8 mile of the existing plant. But once the new residence or business facility is constructed, the plant may not expand closer to it (it may expand in the opposite direction).
(c) A person may establish or expand an animal food processing plant within one-eighth mile of a dwelling or a business building with the approval of the city, village, or town in which the animal food processing plant would be located if animals will not be slaughtered in the animal food processing plant and only carcasses will be processed in the animal food processing plant.(7) FACILITIES. Facilities operated by an animal food processor shall be all of the following: (a) Designed, constructed, equipped and maintained for safe, sanitary, orderly operation, and for easy cleaning.(c) Fully enclosed to prevent access by dogs, cats, wild animals, rodents, birds and insects.(d) Constructed with self-draining floors and smooth interior walls and ceilings that can be easily cleaned.(e) Equipped with effective ventilation and vapor control systems to minimize offensive odors.(f) Maintained for safe, sanitary and orderly operation, and for easy cleaning.(g) Kept clean, orderly, and free of nuisance conditions.(h) Served by hot and cold running water that is adequate for processing, cleaning, waste disposal, drinking and employee sanitation needs. Water shall be obtained from a source that complies with chs. NR 811 or 812. Water outlets shall be conveniently designed and located.(i) Equipped with drinking water, toilet and hand washing fixtures for persons who work at the facilities.(8) WASTE COLLECTION AND DISPOSAL. An animal food processor shall do all of the following: (a) Collect, and safely dispose of, all solid waste related to that person's operations. The person shall collect manure, offal, processing waste and other solid waste at least daily, and more often as necessary to keep facilities clean and orderly.(b) Promptly collect, and safely dispose of, all liquid waste related to that person's operations. Liquid waste shall be discharged to a public sewer system, or to an effluent disposal system that complies with chs. NR 108 and 258.(c) Comply with applicable federal, state and local law related to waste disposal.(d) Keep solid waste storage areas clean and orderly.(e) Keep waste collection and disposal systems in good working order.(9) STORING PROCESSED FEED PRODUCTS. An animal food processor shall store processed feed products in a location and manner that effectively protects those products from contamination by live animals, unprocessed carcasses and unprocessed carcass materials.(11) SLAUGHTERING ANIMALS. If an animal food processor slaughters animals for processing, the animal food processor shall use one of the humane methods listed in s. ATCP 55.07 (11) (a) 1. to 4. Animals slaughtered at an animal food processing plant shall be slaughtered in an area that is designed and equipped for safe and humane slaughtering. Live animals may not be unloaded, kept or slaughtered in processing or storage areas. Note: An animal food processor may not transport live animals unless licensed to do so under ch. ATCP 12. See s. ATCP 57.20 (5) (a).
(12) RECORDS. (a) An animal food processor shall keep complete and accurate records related to the animal food processor's operations. Records shall include all of the following: 1. The name and address of each person from whom the animal food processor receives carcasses or carcass materials, the date and location of each receipt, the types of carcasses or carcass materials received, the number or weight of carcasses received, the weight or liquid volume of carcass materials received, and the disposition of any carcasses or carcass materials received but not processed.2. The name and address of each person from whom the animal food processor receives live animals, the date and location of each receipt, the numbers and types of live animals received, and the disposition of each animal. If the animal food processor slaughters an animal, the animal food processor shall record the date and location of slaughter, and the disposition of the carcass.3. The types of animal feed, and the daily amounts of each type of animal feed, produced at each animal food processing plant.4. The name and address of each person to whom the animal food processor sells or distributes animal feed, the dates on which the animal food processor ships the animal feed to each person, and the type and amount of animal feed included in each shipment.5. Lot coding or other records that effectively track the receipt, processing and distribution of ingredients and processed feed products, so that it is possible to identify ingredient sources for each lot of processed feed product and vice versa.(b) An animal food processor shall retain each record under par. (a) for at least 3 years after the record is made, and shall make records available to the department for inspection and copying upon request.Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 57.12
CR 07-116: cr. Register November 2008 No. 635, eff. 12-1-08; CR 10-122: am. (1) (a) 2., 3., (2) (d), (i), (j), (3), (6) (a), cr. (6) (c) Register July 2011 No. 667, eff. 8-1-11.Amended by, CR 23-003: cr. (1m), am. (7) (a), r. (8) (f), (10) Register February 2024 No. 818, eff. 3-1-24; correction of numbering in (1m) made under s. 13.92 (4) (b) 1, Stats., Register February 2024 No. 818, eff. 3/1/2024