Utah Admin. Code 58-11-8

Current through Bulletin 2025-01, January 1, 2025

Section 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.

Utah Admin. Code R58-11-8

Amended by Utah State Bulletin Number 2015-24, effective 11/23/2015

Amended by Utah State Bulletin Number 2021-09, effective 4/12/2021

Amended by Utah State Bulletin Number 2022-03, effective 1/12/2022

Amended by Utah State Bulletin Number 2024-09, effective 4/22/2024

Amended by Utah State Bulletin Number 2024-21, effective 10/15/2024