Utah Admin. Code R58-11-8 - Poultry Slaughter
(1)
(a) Personal Use Exemption.
(b) A person who raises poultry may slaughter
or process the poultry under a personal use exemption if:
(i) local ordinances do not prohibit
slaughtering or processing poultry;
(ii) the person or the person's immediate
family, regular employees of the person, or non-paying guests exclusively
consume the poultry product derived from the slaughtered poultry;
(iii) only the owner or an employee performs
the slaughtering or processing of the poultry;
(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 container bears the
statement, "NOT FOR SALE".
(2)
(a)
Farm Custom Slaughter and Processing.
(b) Per Subsections
4-32-105(10) and
4-32-105(11)(a), a
person may slaughter or process poultry belonging to another person if:
(i) local ordinances do not prohibit
slaughtering or processing poultry;
(ii) the person does not engage in the
business of buying or selling poultry products capable of use as human
food;
(iii) the poultry is healthy
when slaughtered;
(iv) the person
conducts the slaughtering or processing in accordance with sanitation standards
that produce poultry product that is sound, clean, and fit for human
food;
(v) the person using a unit
or vehicle for farm custom slaughtering constructs the unit or vehicle to
permit maintenance according to sanitation standards; and
(vi) the immediate container bears the
following information:
(A) the owner's name
and address;
(B) the licensee's
name and address; and
(C) the
statement, "NOT FOR SALE".
(c) The department shall maintain a registry
of persons who perform Farm Custom Slaughter and processing during the calendar
year.
(3)
(a) Producer or Grower 1,000 Bird Limit
Exemption.
(b) A poultry producer
or grower may slaughter no more than 1,000 birds of their raising in a calendar
year for distribution as human food if:
(i)
the poultry producer or grower does not engage in buying or selling poultry
products other than products produced from poultry raised on their own farm,
including rented or leased property;
(ii) the producer or grower slaughters or
processes under the sanitation standards capable of producing poultry products
that are sound, clean, fit for human food, and not adulterated;
(iii) the producer or grower keeps slaughter
records and records covering the sales of poultry products to customers for the
current calendar year;
(iv) the
poultry products do not move in commerce; and
(v) as required by the U.S. Public Health
Service, Food and Drug Administration, Food Code 2022, incorporated by the
department in Section
R70-530-3, the immediate
container bears the following information:
(A)
name of product; and
(B) name and
place of business of the processor; and
(vi) the immediate container bears the
statement "Exempt R58-11-8(3)."
(b) The department shall maintain a registry
of persons who slaughter or process fewer than 1,000 poultry during the
calendar year.
(4)
(a) Producer or Grower 20,000 Bird Limit
Exemption.
(b) A poultry producer
or grower may slaughter no more than 20,000 healthy birds of their raising in a
calendar year for distribution as human food if:
(i) the poultry producer or grower does not
engage in buying or selling poultry products other than that produced from
poultry raised on their own farm, including rented or leased
property;
(ii) the poultry producer
or grower slaughters or processes in accordance with sanitation standards that
produce poultry product that is sound, clean, and fit for human food;
(iii) the producer or grower keeps slaughter
records and records covering the sales of poultry products to customers for the
current calendar year;
(iv) the
poultry product does not move in commerce, as defined in
9 CFR
381.1; and
(v) the immediate container bears the
following information:
(A) name of
product;
(B) name and address of
the processor; and
(C) the
statement "Exempt R58-11-8(4)."
(c) The department shall maintain a registry
of persons who slaughter or process fewer than 20,000 poultry during the
calendar year.
(5)
(a) Producer or Grower or Other Person
Exemption.
(b) The term "Producer or
Grower or Other Person" in this section means a single entity, that may be:
(i) a poultry grower who slaughters and
processes poultry raised for sale directly to household consumers, restaurants,
hotels, and boarding houses to be used in homes and dining rooms to prepare
meals served or sold directly to customers; or
(ii) a person who purchases live poultry from
a grower and then slaughters these poultry and processes poultry for sale
direct to household consumers, restaurants, hotels, and boarding houses to be
served in those homes or dining rooms to prepare meals sold directly to
customers.
(c) A business
may slaughter and process poultry under this exemption if;
(i) local ordinances do not prohibit
slaughtering or processing poultry;
(ii) the producer or grower or other person
slaughters for processing and sale direct to household consumers, restaurants,
hotels, and boarding houses for use in dining rooms or the preparation of meals
sold directly to customers;
(iii)
the producer or grower or other person slaughters no more than 20,000 birds in
a calendar year that the producer or grower or other person raised or
purchased;
(iv) the producer or
grower or other person does not engage in the business of buying or selling
poultry or poultry products prepared under any other exemptions in the same
calendar year they claim the Producer or Grower or Other Person
Exemption;
(v) the poultry products
do not move in commerce;
(vi)
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;
(vii) the business
slaughters or processes in a fixed establishment and in accordance with
sanitation standards 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
the processor;
(E) safe food
handling statement;
(F) date of the
package or Lot number; and
(G) the
statement "Exempt R58-11-8(5)".
(d) A business preparing poultry products
under the Producer or Grower or Other Person Exemption may not slaughter, or
process poultry owned by another person.
(e) A business preparing poultry products
under the Producer or Grower or Other Person Exemption may not sell poultry
products to a retail store or other producer or grower.
(f) The department shall maintain a registry
of persons who operate under a Producer or Grower or Other Person Exemption
during the calendar year.
(6)
(a)
Small Enterprise Exemption.
(b) A
business that qualifies for the Small Enterprise Exemption may be:
(i) a producer or grower who raises,
slaughters, and dresses poultry for use as human food whose processing of
dressed exempt poultry is limited to cutting up;
(ii) a business that purchases live poultry
that it slaughters and limits the processing of the slaughtered poultry to the
cutting up; or
(iii) a business
that purchases dressed poultry that it distributes as carcasses and limits
processing to the cutting up of inspected or exempted poultry products for
distribution for use as human food.
(c) A business may slaughter, dress, and cut
up poultry for distribution as human food if:
(i) local ordinances do not prohibit
slaughtering or processing poultry;
(ii) the business limits the processing of
federal or state inspected, or exempt poultry products 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;
(iii) the
business slaughters or processes in a fixed establishment and in accordance
with sanitation standards that produce poultry product that is sound, clean,
and fit for human food;
(iv) the
facility is not used to slaughter or process another person's poultry;
and
(v) 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 or
Lot number, and;
(G) the statement
"Exempt R58-11-8(6)."
(d) A business may not cut up and distribute
poultry products produced under the Small Enterprise Exemption to a business
operating under the following exemptions:
(i)
Producer or Grower or PGOP Exemption;
(ii) Retail Dealer; or
(iii) Retail Store.
(e) The department shall maintain a registry
of persons who operate under the Small Enterprise Exemption during the calendar
year.
Notes
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