1. (1) General. A person providing a custom processing service shall do all the following:

   1. (a) Hold a current annual license if required under s. ATCP 55.03.
   2. (b) Hold a current annual registration certificate if required under s. ATCP 55.09 (2).
   3. (c) Comply with applicable requirements under s. ATCP 55.07.

   4. (d) Mark or label all the resulting meat products “NOT FOR SALE” and all the resulting poultry products “NOT INSPECTED” as provided in sub. (2). A person providing a custom processing service shall keep the service recipient’s meat and poultry products separate from all other food that the service provider holds for others or offers for sale. The person may not sell any of the service recipient’s meat products, or commingle them with any food that the person holds for others or sells.

      Note: For example, a person providing custom processing services may not combine saved carcass parts, such as head meat, tongues, hearts, fat, or trimmings, with meat or poultry products processed for other service recipients or purchasers. The licensing exemption under s. ATCP 55.03 (2) (d) allows for the direct sale from a service recipient to customers of up to 1,000 birds.

   5. (e) Return all of the resulting meat and poultry products to the service recipient. The service recipient may use them only for the service recipient’s personal consumption, which may include consumption by members of the service recipient’s household, and the service recipient’s nonpaying guests and employees.

      Note: An owner’s nonpaying guests may include nonpaying immediate family members.

   6. (f) Comply with s. ATCP 55.09 if the person engages in mobile custom processing.
   7. (g) Conduct custom processing operations in a sanitary manner.

   8. (h) Create and keep complete and accurate records of all custom processing transactions that are completed upon slaughter of a food animal or receipt of meat for processing. The service provider shall keep the records for at least 3 years, and shall make the records available to the department for inspection and copying upon request. Each record shall include all of the following:

      1. 1. The name and address for each individual for whom the person provides mobile custom slaughter or processing service.
      2. 2. The number and type of animals slaughtered for each service recipient.
      3. 3. The date of each slaughter.
      4. 4. The disposition of each carcass. The report shall indicate whether a carcass was transported to another location for processing and, if so, the location to which it was transported.
      5. 5. Any certificates required under s. ATCP 55.07 (7).
      6. 6. Other relevant information required by the department.

2. (2) Marking or labeling meat.

   1. (a) A person providing a custom processing service shall mark or label the resulting meat and poultry products with all the following information:

      1. 1. The words “NOT FOR SALE” for meat products or “NOT INSPECTED” for poultry products in block letters at least ₃/⁸” high.

      2. 2. The name or commonly recognized trade name of the person providing the custom processing service. If the person performs the service at a meat establishment licensed under s. ATCP 55.03, the person may use the meat establishment number assigned under s. ATCP 55.03 (10) instead of the person’s name. If the person provides the service as a mobile custom processing service, the person may use the registration number assigned under s. ATCP 55.09 (2) (g) instead of the person’s name.

         Note: The following examples illustrate possible label formats under par. (a):

         NOT FOR SALE   NOT FOR SALE   NOT INSPECTED
         XYZ Market   WIS 000   ABC FARMS

   2. (b) A person providing a custom slaughter service shall mark the carcass of each custom slaughtered animal with the information required under par. (a). The person shall mark each side, quarter, detached organ, and other part of the carcass. The person shall mark the carcass immediately after slaughter, before the carcass leaves the slaughter site.
   3. (c) A person providing a custom processing service shall apply the label under par. (a) to all packages and containers of custom processed meat and poultry products when those meat or poultry products are packaged or placed in those containers. The person shall individually label sausages that have a diameter of more than 1 ₁/²” if those sausages are individually packaged, or if they are shipped or stored in unsealed containers.

3. (3) Custom slaughter and processing schedule.

   1. (a) Except as provided in par. (b), a meat establishment operator may not engage in custom slaughter or other processing operations at a meat establishment while the operator is simultaneously doing any of the following at that establishment:

      1. 1. Slaughtering food animals for sale.
      2. 2. Processing the meat of food animals for sale.

   2. (b) Paragraph (a) does not apply to any of the following:

      1. 1. A department-inspected custom slaughter, or the custom processing of meat from a department-inspected custom slaughter.
      2. 2. Simultaneous operations conducted in separate rooms or areas, if approved by the department. The department may approve simultaneous operations that are adequately separated and controlled to prevent cross-contamination or commingling of meat from the separated operations.

History

History: CR 01-042: cr. Register March 2002 No. 555, eff. 4-1-02; CR 17-072: am. (title), (1) (intro.), (d), (e) to (g), renum. (1) (h) to (1) (h) (intro.) and am., cr. (1) (h) 1. to 6., am (2) (a), (c), (3) (a) (intro.) Register July 2018 No. 751, eff. 8-1-18.