§4215. Exemption; farmers, custom, retailers, restaurants, and similar retail type
establishments
A. The provisions of this Chapter requiring inspection of the slaughter of animals
and the preparation of the carcasses, parts thereof, meat and meat food products at
establishments conducting such operations shall not (1) apply to the slaughtering by any
person of animals of his own raising, and the preparation by him and transportation in
intrastate commerce of the carcasses, parts thereof, meat and meat food products of such
animals exclusively for use by him and members of his household and his nonpaying guests
and employees; nor (2) to the custom slaughter by any person, firm or corporation of cattle,
sheep, swine, or goats delivered by the owner thereof for such slaughter, and the preparation
by such slaughterer and transportation in intrastate commerce of the carcasses, parts thereof,
meat and meat food products of such animals, exclusively for use in the household of such
owner, by him and members of his household and his nonpaying guests and employees;
provided, that such custom slaughterer does not engage in the business of buying or selling
any carcasses, parts of carcasses, meat or meat food products of any cattle, sheep, swine,
goats, or equines capable of use as human food.
B. The provisions of this Chapter requiring inspection of the preparation of
carcasses, parts thereof, meat and meat food products shall not apply when all of the
following apply:
(1) The operations are of types traditionally and usually conducted at retail stores,
restaurants, and similar retail type establishments.
(2) The operations are conducted at a retail store, restaurant, or similar retail type
establishment, owned by the same person that operates the facility.
(3) The products are for sale in normal retail quantities, or are part of a normal retail
service.
(4) The products are sold or provided to consumers at such establishments.
(5) The products are sold and transported directly to the consumer by the retail store,
restaurant, or similar retail type establishment's employees or a common carrier, provided
there is no intervening transfer or storage.
C. The slaughter of animals and preparation of articles referred to in Paragraph
(A)(2) and Subsection (B) of this Section shall be conducted in accordance with such sanitary
conditions as the commissioner may, by regulations, prescribe. Violations of any such
regulation is prohibited.
D. The adulteration and misbranding provisions of this Chapter, other than the
requirement of the inspection legend, shall apply to articles which are not required to be
inspected under this Chapter.
Acts 1968, No. 376, §14; Acts 1985, No. 73, §1; Acts 1992, No. 56, §1; Acts 2015,
No. 267, §1, eff. June 29, 2015; Acts 2016, No. 5, §1.