Agriculture and Food, Animal Industry

Rule R58-11

Slaughter of Livestock

Notice of Proposed Rule

(Amendment)

DAR File No.: 34694
Filed: 04/14/2011 02:57:30 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to change definitions and to modify the rule in response to changes to Title 4, Chapter 32, that occurred in the 2011 legislative session under S.B. 32. (DAR NOTE: S.B. 32 (2011) is found at Chapter 383, Laws of Utah 2011, and will be effective 05/10/2011.)

Summary of the rule or change:

The changes include: changing or removing definitions; removing a reference to personal property; and clarifying the requirements for a slaughter area.

State statutory or constitutional authorization for this rule:

• Section 4-32-8

Anticipated cost or savings to:

the state budget:

The changes to the rule will not affect the state budget. The program is currently being funded by general fund money. The Division does not anticipate that the changes to the rule will change the current funding level beyond inflationary costs associated with the general fund.

local governments:

There are no costs to local government at this time under the current rule. With the changes in the rule, there may be an increased cost to local governments as they may be asked to monitor compliance of slaughter areas that are used heavily.

small businesses:

There is no cost to small businesses and may reduce travel costs as animals can be slaughtered at a central location.

persons other than small businesses, businesses, or local governmental entities:

There is no cost to other persons and may reduce travel costs as animals can be slaughtered at a central location.

Compliance costs for affected persons:

There will be no change in cost to come under compliance.

Comments by the department head on the fiscal impact the rule may have on businesses:

The changes made in the rule are the result of recent changes in Title 4, Chapter 32, made by the legislature in the last session and the Division does see that the changes made in the rule will increase the cost to the state to maintain this program. Businesses may actually have reduced costs now that animals can be slaughtered at a different location other then the animal owner's property.

Leonard M. Blackham, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Agriculture and Food
Animal Industry
350 N REDWOOD RD
SALT LAKE CITY, UT 84116-3034

Direct questions regarding this rule to:

• Kathleen Mathews at the above address, by phone at 801-538-7103, by FAX at 801-538-7126, or by Internet E-mail at kmathews@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

05/31/2011

This rule may become effective on:

07/01/2011

Authorized by:

Leonard Blackham, Commissioner

R58. Agriculture and Food, Animal Industry.

R58-11. Slaughter of Livestock.

R58-11-1. Authority.

Promulgated under authority of Section 4-32-8.

 

R58-11-2. Definitions.

A. "Adulterated" - As defined in Section 4-32-3(1)["Department" - Utah Department of Agriculture and Food].

B. "Bill of Sale for Hides" - A hide release or some other formal means of transferring the title of hides["Commissioner" - Commissioner of Agriculture and Food or his representative].

C. "Business" - An individual or organization receiving remuneration for services.

D. "Commissioner" - Commissioner of Agriculture and Food or his representative["Food" - Product intended for human consumption].

E. "Custom Slaughter-Release Permit" - A permit that will serve as a brand inspection certificate and will allow animal owners to have their animals farm custom slaughtered["Owner" - A person holding legal title to the animal].

F. "Department" - Utah Department of Agriculture and Food["Farm Custom Slaughtering" - The slaughtering, skinning and preparing of livestock by humane means for the purpose of human consumption which is done at a place other than a licensed slaughtering house by a person who is not the owner of the animal. Unless express prior permission is given by a department representative the place of slaughter shall be on the animal's owner's property].

G. "Detain or Embargo" - Holding of a food or food product for legal verification of adulteration, misbranding or proof of ownership["Permit" - Official written permission by the Utah Department of Agriculture and Food to do farm custom slaughtering].

H. "Emergency Slaughter" - Emergency Slaughter is no longer allowed for non-ambulatory injured cattle. Non-ambulatory disabled cattle that cannot rise from a recumbent position or cannot walk, including, but not limited to, those with broken appendages, severed tendons or ligaments, nerve paralysis, fractured vertebral column or metabolic conditions, are not allowed to be slaughtered for food["Permittee" - A person who possesses a valid farm custom slaughtering permit].

I. "Farm Custom Slaughtering" - The slaughtering, skinning and preparing of livestock by humane means for the purpose of human consumption which is done at a place other than a licensed slaughtering house by a person who is not the owner of the animal.["Immediate Family" - Those living together in a single dwelling unit and/or their sons and daughters.]

J. "Food" - Product intended for human consumption["Property Owner" - A person having legal title to or who is a tenant operator, or lessee of such property].

K. "Immediate Family" - Those living together in a single dwelling unit and/or their sons and daughters["Adulterated" - As outlined in 9 C.F.R 301.2, 1 Through 8; 381.1 (4), January 1, 2007 edition].

L. "License" - A license issued by the Utah Department of Agriculture and Food to allow farm custom slaughtering.

[ L. "Misbranded" - as outlined in 9 C.F.R. 301.2 1 Through 12, Sections 316.6 and 317.16; 381.1(31), January 1, 2007 edition.

] M. " Licensee" - A person who possesses a valid farm custom slaughtering license["Detain or Embargo" - Holding of a food or food product for legal verification of adulteration, misbranding or proof of ownership].

N. "Misbranded" - As defined in Section 4-32-3(20)["Bill of Sale for Hides" - A hide release or some other formal means of transferring the title of hides].

O. "Owner" - A person holding legal title to the animal["Emergency Slaughter" - Emergency Slaughter is no longer allowed even for ambulatory injured cattle, 9 Code of Federal Regulations 311.27 amended. 9 CFR January 1, 2007 edition 309.2(a)(b) Non-ambularoty disabled cattle are not allowed to enter any Federal, State, or Custom Exempt Facility. Cattle Prohibited From Slaughter: Non-ambulatory disabled cattle that cannot rise from a recumbent position or cannot walk, including, but not limited to, those with broken appendages, severed tendons or ligaments, nerve paralysis, fractured vertebral column or metabolic conditions. They are not allowed to enter any plant].

[ P. "Custom Slaughter-Release Permit" - A permit that will serve as a brand inspection certificate and will allow animal owners to have their animals farm custom slaughtered. The brand inspection certificate will include the age of each beef slaughtered that is recorded on the brand certificate. The original copy will be retained by the brand inspector. Copies will accompany the farm custom slaughter tag. A copy will be sent to the Department by the permittee with the Farm Custom Slaughter Tags and a copy will serve as the bona fide bill of sale for the hide.

]

R58-11-3. Registration and License[Permit] Issuance.

A. Farm Custom Slaughtering License[Permit].

1. Any person or person desiring to do farm custom slaughtering shall apply to the Department. Such application for a license[permit] will be made on a department form for a Farm Custom Slaughter License[Permit]. The form shall show the name, address and telephone number of the owner, the name, address and telephone number of the operator if it is different than the owner, a brief description of the vehicle and the license number. Licenses[Permits] will be valid for the calendar year (January 1 to December 31). Each licensee[permittee] will be required to re-apply for a license[permit] every calendar year. Change of ownership or change of vehicle license will require a new application to be filed with the Department.

2. Registration will not be recognized as complete until the applicant has demonstrated his ability to slaughter and has completed and signed the registration form.

3. A fee of $75 must be paid prior to license[permit] issuance.

 

R58-11-4. Equipment and Sanitation Requirements.

A. Unit of vehicle and equipment used for farm custom slaughtering:

1. The unit or vehicle used for farm custom slaughtering shall be so constructed as to permit maintenance in a clean, sanitary manner.

2. A tripod or rail capable of lifting a carcass to a height which enables the carcass to clear the ground for bleeding and evisceration must be incorporated into the unit or vehicle. Hooks, gambles, or racks used to hoist and eviscerate animals shall be of easily cleanable metal construction.

3. Knives, scabbards, saws, etc. shall be of rust resistant metal or other impervious easily cleanable material.

a. A clean dust proof container shall be used to transport and store all instruments and utensils used in slaughtering animals.

4. A water tank shall be an integral part of the unit or vehicle. It shall be of approved construction with a minimum capacity of 40 gallons. Water systems must be maintained in a sanitary manner and only potable water shall be used.

5. A tank (for sanitizing) large enough to allow complete emersion of tools used for slaughtering must be filled during slaughter operations with potable water and maintained at a temperature of at least 180 degrees Fahrenheit. In lieu of 180 degrees Fahrenheit water, chemical sterilization may be used with an approved chemical agent after equipment has been thoroughly cleaned. Chloramine, hypochloride, and quaternary ammonium compounds or other approved chemical compounds may be used for this purpose and a concentration must be maintained at sufficient levels to disinfect utensils. Hot water, cleaning agents, and disinfectant shall be available at all times if chemicals are used in lieu of 180 degrees Fahrenheit water.

6. Cleaning agents and paper towels shall be available so hands and equipment may be cleaned as needed.

7. Aprons, frocks and other outer clothing worn by persons who handle meat must be clean and of material that is easily cleanable.

8. All inedible products and offal will be denatured with either an a[A]pproved denaturing agent or by use of pounch material as a natural denaturing agent[shall be available for use during all processing times. Denaturing shall be accomplished as outlined in 9 C.F.R. 325.13, January 1, 2007 edition].

9. When a licensee[permittee] transports uninspected meat to an establishment for processing, he shall:

a. do so in a manner whereby product will not be adulterated or misbranded, and/or mislabeled; and

b. transport the meat in such a way that it is properly protected; and

c. deliver carcasses in such a way that they shall be placed under refrigeration within one hour of time of slaughter (40 degrees F).

10. Sanitation.

1. Unit or Vehicle.

a. The unit or vehicle must be thoroughly cleaned after each daily use[slaughter].

b. All food-contact and non-food contact surfaces of utensils and equipment must be cleaned and sanitized as necessary to prevent the creation of insanitary conditions and the adulteration of carcasses and parts.

c. Carcasses must be protected from adulteration during processing, handling, storage, loading, unloading and during transportation to processing establishments.

2. Equipment.

a. All knives, scabbards, saws and all other food contact surfaces shall be cleaned and sanitized prior to slaughter and as needed to prevent adulteration.

b. Equipment must be cleaned and sanitized after each slaughter and immediately before each slaughter.

3. Inedibles.

a. Inedibles shall be placed in designated containers and be properly denatured, and the inedible containers must be clearly marked (Inedible Not For Human Consumption in letters not less then 4 inches in height).

b. Containers for inedibles shall be kept clean and properly separated from edible carcasses to prevent adulteration.

4. Personal Cleanliness.

a. Adequate care shall be taken to prevent contamination of the carcasses from fecal material, ingesta, milk, perspiration, hair, cosmetics, medications and similar substances.

b. Outer clothing worn by permittee shall, while handling exposed carcasses, be clean.

c. No licensee[permittee] with a communicable disease or who is a disease carrier or is infected with boils, infected wounds, sores or an acute respiratory infection shall participate in livestock slaughtering.

d. Hand wash facilities shall be used as needed to maintain good personal hygiene.

 

R58-11-5. Slaughtering Procedures.

A. Slaughter Area[-]

1. Slaughtering shall not take place under adverse conditions (such as blowing dirt, dust or in mud).

2. If a slaughter area is used for repeated kills, the area should be maintained to prevent blood from collecting, running off on to adjacent property, or contaminating water sources.

3. Hides, viscera, blood, pounch material, and all tissues must be removed and disposed at a rendering facility, landfill, composting or by burial as allowed by law.

B. Humane Slaughter - [Slaughtered] A[a]nimals shall be rendered insensible to pain by a single blow, or gun shot or electrical shock or other means that is instantaneous and effective before being shackled, hoisted, thrown, cast or cut.

C. Hoisting and Bleeding - Animals shall be hoisted and bled as soon after stunning as possible to utilize post-stunning heart action and to obtain complete bleeding. Carcasses shall be moved away from the bleeding area for skinning and butchering.

D. Skinning - Carcass and head skin must be handled without neck tissue contamination. This may be done by leaving the ears on the hide and tying the head skin. Feet must be removed before carcass is otherwise cut. Except for skinning and starting skinning procedures, skin should be cut from inside outward to prevent carcass contamination with cut hair. Hair side of hide should be carefully rolled or reflected away from carcass during skinning. When carcass is moved from skinning bed, caution should be taken to prevent exposed parts from coming in contact with adulterating surfaces.

E. Evisceration - Before evisceration, rectum shall be tied to include bladder neck and to prevent urine and fecal leakage. Care should also be taken while opening abdominal cavities to prevent carcass and/or viscera contamination.

F. Carcass washing - Hair, dirt and other accidental contamination should be trimmed prior to washing. Washing should proceed from the carcass top downward to move away any possible contaminants from clean areas.

 

R58-11-6. Identification and Records.

A. Livestock Identification - Pursuant to requirements of Section 4-24-13, it shall be unlawful for any license[d] holder[slaughter (including permittees)] to slaughter livestock which do not have a Brand Inspection Certificate or Farm Custom Slaughter Tag filled out at time of slaughter.

1. Animal owners must have a Brand Inspection Certificate for livestock intended to be farm custom slaughtered, issued by a Department Brand Inspector prior to slaughter, paying the legal brand inspection fee and beef promotion fee. This will be accomplished by the animal owner contacting a Department Brand Inspector and obtaining a Brand Inspection Certificate (Custom Slaughter-Release Permit).

2. Animal owners must also obtain farm custom slaughter identification tags from a Department Brand Inspector for a fee of $1 each. These tags will be required on beef, pork, and sheep.

B. Records.

1. The Custom Slaughter-Release Permit or Farm Custom Slaughter Tag will record the following information:

a. An affidavit with a statement that shall read "I hereby certify ownership of this animal to be slaughtered by (name). I fully understand that having my animal farm custom slaughtered means my animal will not receive meat inspection and is for my use, the use of my immediate family, non-paying guests, or full-time employees. The carcass will be stamped "NOT FOR SALE" and will not be sold. " This statement must be signed by the owner or designee[(Signature)].

b. In addition to this affidavit, the following information will be recorded:

(1) date;

(2) owner's name, address and telephone number;

(3) animal description including brands and marks;

(4) Farm Custom Slaughter tag number.

2. The Farm Custom Slaughter tag must record the following information:

a. date;

b. owner's name, address and telephone number;

c. location of slaughter;

d. name of licensee[permittee];

e. licensee[permittee] permit number; and

f. carcass destination.

3. Prior to slaughter the licensee[permittee] shall:

a. Prepare the Farm Custom Slaughter tag with complete and accurate information;

(1) One tag shall stay in the license [permit] holder's file for at least one year.

(2) One tag plus a copy of the Farm Custom Slaughter-Release Permit shall be sent into the Department by the 10th of each month for the preceding month's slaughter by the licensee[permittee].

(3) After slaughter, all carcasses must be stamped "NOT FOR SALE" on each quarter with letters at least 3/8" in height; further, a Farm Custom Slaughter "NOT FOR SALE" tag must be affixed to each quarter of beef and each half of pork and sheep.

(4) Hide Purchase - Licensee[Permittees] receiving hides for slaughtering services must obtain a copy of the Custom Slaughter-Release Permit to record transfer of ownership as required by Section 4-24-18.

 

R58-11-7. Enforcement Procedures.

A. Livestock Slaughtering Permit:

1. It shall be unlawful for any person to slaughter or assist in slaughtering livestock as a business outside of a licensed slaughterhouse unless he holds a valid Farm Custom Slaughtering License[Permit] issued to him by the Department.

2. Only persons who comply with the Utah Meat and Poultry Products Inspection and Licensing Act and Rules pursuant thereto, and the Utah Livestock Brand and Anti-Theft Act shall be entitled to receive and retain a license[permit].

3. License[Permit] may be renewed annually and shall expire on the 31st of December of each year.

B. Suspension of license[permit] - license[permit] may be suspended whenever:

1. The Department has reason to believe that an eminent public health hazard exists;

2. Insanitary conditions are such that carcasses would be rendered adulterated and or contaminated.

3. The license[permit] holder has interfered with the Department in the performance of its duties;

4[3]. The licensee[permittee] violates the Utah Meat and Poultry Products Inspection and Licensing Act or the Utah Livestock Brand and Anti-Theft Act or rules pursuant to these acts.

C. Warning letter - In instances where a violation may have occurred a warning letter may be sent to the licensee[permittee] which specifies the violations and affords the holder a reasonable opportunity to correct them.

D. Hearings - Whenever a licensee[permittee] has been given notice by the Department that suspected violations may have occurred or when a license[permit] is suspended he may have an opportunity for a hearing to state his views before the Department.

E. Reinstatement of Suspended Permit - Any person whose license[permit] has been suspended may make application for the purpose of reinstatement of the license[permit]. The Department may then re-evaluate the applicant and conditions; if the applicant has demonstrated to the Department that he will comply with the rules, the license[permit] may be reinstated.

F. Detainment or Embargo - Any meat found in a food establishment which does not have the proper identification or any uninspected meat slaughtered by a licensee[permittee] which does not meet the requirements of these rules may be detained or embargoed.

G. Condemnation - Meat which is determined to be unfit for human consumption may be denatured or destroyed.

 

KEY: food inspections, slaughter, livestock

Date of Enactment or Last Substantive Amendment: [November 8, 2007]2011

Notice of Continuation: August 25, 2010

Authorizing, and Implemented or Interpreted Law: 4-32-8