R58-11-7. Poultry Slaughter

  (1) Personal Use Exemption.

  (a) A person who raises poultry may slaughter and or process the poultry if:

  (i) slaughtering or processing poultry is not prohibited by local ordinance;

  (ii) the poultry product derived from the slaughtered poultry is consumed exclusively by the person or the person's immediate family, regular employees of the person, or nonpaying guests;

  (iii) the slaughtering and processing of the poultry is performed only by the owner or an employee;

  (iv) the poultry is healthy when slaughtered;

  (v) the exempt poultry is not sold or donated for use as human food; and

  (vi) the immediate containers bear the statement, "NOT FOR SALE".

  (2) Farm Custom Slaughter/Processing

  (a) A person may slaughter and or process poultry belonging to another person if:

  (i) the person holds a valid farm custom slaughter license issued by the department;

  (ii) slaughtering or processing poultry is not prohibited by local ordinance;

  (iii) the licensee does not engage in the business of buying or selling poultry products capable for use as human food;

  (iv) the poultry is healthy when slaughtered;

  (v) the slaughtering and or processing is conducted in accordance with sanitary standards, practices, and procedures that produce poultry products that are sound, clean, and fit for human food;

  (vi) the unit or vehicle used for farm custom slaughtering shall be so constructed as to permit maintenance in a clean and sanitary manner;

  (A) the immediate containers bear the following information:

  (B) the owner's name and address;

  (C) the licensee's name and address, and;

  (D) the statement, "NOT FOR SALE".

  (3) Producer/Grower 1,000 Bird Limit Exemption

  (a) A poultry grower may slaughter no more that 1,000 birds of his or her own raising in a calendar year for distribution as human food if;

  (i) the person holds a valid poultry exemption license issued by the department;

  (ii) slaughtering or processing poultry is not prohibited by local ordinance;

  (iii) the poultry grower does not engage in buying or selling poultry products other than those produced from poultry raised on his or her own farm (includes rented or leased property);

  (iv) the slaughtering and or processing are conducted under sanitary standards, practices and procedures according to United State Department of Agriculture (USDA) Food Safety Inspection Service (FSIS) regulations and guidance material capable of producing poultry products that are sound, clean, and fit for human food (not adulterated);

  (v) the producer keeps slaughter records and records covering the sales of poultry products to customers for the current calendar year,

  (vi) the poultry products do not move in commerce. Distribution directly to household consumers, retail establishments, restaurants, hotels, and boarding houses for use in their dining rooms or in the preparation of meals sold directly to consumers within the jurisdiction where it is prepared; and

  (vii) the immediate containers bear the following information:

  (A) name of product;

  (B) ingredients statement (if applicable);

  (C) net weights statement;

  (D) name and address of processor;

  (E) Safe food handling statement;

  (F) date of package and/or Lot number, and;

  (G) the statement "Exempt R58-11-7(C)".

  (4) Producer/Grower 20,000 Bird Limit Exemption:

  (a) a poultry grower may slaughter no more than 20,000 healthy birds of his or her own raising in a calendar year for distribution as human food if;

  (i) the person holds a valid poultry exemption license issued by the department;

  (ii) slaughtering or processing poultry is not prohibited by local ordinance;

  (iii) the poultry grower does not engage in buying or selling poultry products other than those produced from poultry raised on his or her own farm (includes rented or leased property);

  (iv) the slaughtering and or processing is conducted in a fixed establishment and in accordance with sanitary standards, practices, and procedures that produce poultry products that are sound, clean, and fit for human food;

  (v) the producer keeps slaughter records and records covering the sales of poultry products to customers for the current calendar year,

  (vi) the poultry products do not move in commerce. Distribution is directly to household consumers, retail establishments, restaurants, hotels, and boarding houses for use in their dining rooms or in the preparation of meals sold directly to consumers within the jurisdiction where it is prepared; and

  (vii) the immediate containers bear the following information:

  (A) name of product;

  (B) ingredients statement (if applicable);

  (C) net weights statement;

  (D) name and address of processor;

  (E) Safe food handling statement;

  (F) date of package and/or Lot number, and;

  (G) the statement "Exempt R58-11-7(4)".

  (5) Producer/Grower or Other Person Exemption

  (a) The term "Producer/Grower or Other Person" in this section means a single entity, which may be:

  (i) A poultry grower who slaughters and processes poultry that he or she raised for sale directly to household consumers, restaurants, hotels, and boarding houses to be used in those homes and dining rooms for the preparation of meals served or sold directly to customers.

  (ii) A person who purchases live poultry from a grower and then slaughters these poultry and processes such poultry for sale directly to household consumers, restaurants, hotels, and boarding houses to be served in those homes or dining rooms for the preparation of meals sold directly to customers.

  (b) A business may slaughter and process poultry under this exemption if;

  (i) the person holds a valid poultry exemption license issued by the department;

  (ii) slaughtering or processing poultry is not prohibited by local ordinance;

  (iii) the producer/grower or other person slaughters for processing and sale directly to household consumers, restaurants, hotels, and boarding houses for use in dining rooms or in the preparation of meals sold directly to customers;

  (iv) the producer/grower or other person slaughters no more than 20,000 birds in a calendar year that the producer/grower or other person raised or purchased;

  (v) the producer/grower or other person does not engage in the business of buying or selling poultry or poultry products prepared under an other exemptions in the same calendar year he or she claims the Producer/Grower or Other Person Exemption;

  (vi) the poultry products do not move in commerce. Distribution is directly to household consumers, restaurants, hotels, and boarding houses for use in their dining rooms or in the preparation of meals sold directly to consumers within the jurisdiction where it is prepared; and

  (vii) the slaughtering and or processing is conducted in a fixed establishment and in accordance with sanitary standards, practices, and procedures that produce poultry products that are sound, clean, and fit for human food;

  (viii) the producer keeps slaughter records and records covering the sales of poultry products to customers for the current calendar year, and;

  (ix) the immediate containers bear the following information:

  (A) name of product;

  (B) ingredients statement (if applicable);

  (C) net weights statement;

  (D) name and address of processor;

  (E) safe food handling statement;

  (F) date of package and/or Lot number, and;

  (G) the statement "Exempt R58-11-7(5)".

  (c) A business preparing poultry product under the Producer/Grower or Other Person Exemption may not slaughter or process poultry owned by another person.

  (d) A business preparing poultry products under the Producer/Grower or Other Person Exemption may not sell poultry products to a retail store or other producer/grower.

  (6) Small Enterprise Exemption

  (a) A business that qualifies for the Small Enterprise Exemption may be:

  (i) A producer/grower who raises, slaughters, and dresses poultry for use as human food whose processing of dressed exempt poultry is limited to cutting up;

  (A) A business that purchases live poultry that it slaughters and whose processing of the slaughtered poultry is limited to the cutting up; or

  (B) A business that purchases dressed poultry, which it distributes as carcasses and whose processing is limited to the cutting up of inspected or exempted poultry products, for distribution for use as human food.

  (ii) A business may slaughter, dress, and cut up poultry for distribution as human food if;

  (A) the person holds a valid poultry exemption license issued by the department;

  (B) slaughtering or processing poultry is not prohibited by local ordinance;

  (C) the processing of federal or state inspected or exempt poultry product is limited to the cutting up of carcasses or the business slaughters and dresses or cuts up no more than 20,000 birds in a calendar year;

  (D) the slaughtering and or processing is conducted in a fixed establishment and in accordance with sanitary standards, practices, and procedures that produce poultry products that are sound, clean, and fit for human food;

  (E) the facility used to slaughter or process poultry is not used to slaughter or process another person's poultry;

  (F) the immediate containers bear the following information:

  (I) name of product;

  (II) ingredients statement (if applicable);

  (III) net weights statement;

  (IV) name and address of processor;

  (V) safe food handling statement;

  (VI) date of package and/or Lot number, and;

  (VII) the statement "Exempt R58-11-7(6)"

  (iii) A business may not cut up and distribute poultry products produced under the Small Enterprise Exemption to a business operating under the following exemptions:

  (A) Producer/Grower or PGOP Exemption,

  (B) Retail Dealer, or

  (C) Retail Store.