§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. For the purpose of this
Section, a person or business shall be considered eligible by owning fifty-one percent or
more of both the producing and receiving businesses.
(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.
E.(1) An establishment that slaughters or otherwise prepares meat of bison, cervidae,
other bovidae, camelidae and hybrids thereof, domestic rabbits, or other animals determined
by the commissioner of agriculture by rule for human food purposes may receive voluntary
state inspection if the establishment complies with this Chapter and the rules adopted under
those sections for establishments that slaughter or otherwise prepare for food purposes other
animals, and if the establishment complies with Paragraph (3) of this Subsection.
(2) An establishment that slaughters or otherwise prepares the meat of pheasant,
quail, partridge, peafowl, grouse, wild turkey, or other poultry determined by the
commissioner of agriculture by rule may receive voluntary state inspection under conditions
compliant with this Chapter and the rules adopted under those sections for establishments
that slaughter or otherwise prepare for food purposes other poultry and if the establishment
complies with Paragraph (3) of this Subsection.
(3) An establishment that receives voluntary state inspection under Paragraph (1) or
(2) of this Subsection shall pay the costs of the inspection at a rate and under terms
established by rule of the commissioner of agriculture.
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; Acts 2024, No. 33, §1, eff. May 13,
2024.