DAR File No. 39616

Agriculture and Food, Animal Industry

Rule R58-13

Custom Exempt Slaughter

Notice of 120-Day (Emergency) Rule

DAR File No.: 39616
Filed: 08/25/2015 04:33:52 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The rule establishes the operating procedures for a custom exempt slaughter facility. The rule is necessary to prevent uninspected meat from entering into the stream of commerce.

Summary of the rule or change:

The rule exempts certain operations from federal inspection requirements provided that the livestock is slaughtered for use only by the owners of the livestock. It establishes proof of ownership requirements and also sets up the procedures that must be used in order to ensure that the exempted product is not made available for general public consumption.

Emergency rule reason and justification:

Regular rulemaking procedures would cause an imminent peril to the public health, safety, or welfare.

Justification: This rule ensures that meat and poultry products will go through proper inspection process before being sold to the public. In the absences of this rule there is no regulatory authority to inspect the facility for compliance with the law. Without the regulatory oversight meat that has not been properly inspected could be consumed by the public.

State statutory or constitutional authorization for this rule:

• Title 4, Chapter 32

This rule or change incorporates by reference the following material:

• Adds 9 CFR 308, published by Government Printing Office, 01/01/2000

Anticipated cost or savings to:

the state budget:

There will be no new cost associated with this rule. The department has resources in place to enforce and inspect the facilities. These people are already trained and in position to enforce this rule.

local governments:

There are no cost or saving anticipated to effect the local governments. There are no elements of this rule which are to be enforced by local governments, nor are there provisions that have effect on local governments.

small businesses:

Small businesses that engage in practice of performing custom exempt slaughter for farmers who have an estimated $125 increase in income per animal.

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

The farmer who takes his animal to a custom exempt facility saves upwards of $300 from having this service performed at this facility versus a regular slaughter facility.

Compliance costs for affected persons:

These facilities are already in place the requirements of this rule do not affect the operation and only require recordkeeping and identification procedures for the animal. There is no compliance cost for the facilities.

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

The businesses regulated under this rule do not have additional cost associated with this rule. In fact the businesses regulated by this rule will see an increase in the income from this rule. It allows them to offer a service to others and bring in business that they would not have without this rule. There are no additional costs that are necessary for these businesses to undertake in order to come into compliance.

LuAnn Adams, 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
• Cody James at the above address, by phone at 801-538-7166, by FAX at 801-538-7169, or by Internet E-mail at codyjames@utah.gov
• Scott Ericson at the above address, by phone at 801-538-7102, by FAX at 801-538-7126, or by Internet E-mail at sericson@utah.gov

This rule is effective on:

08/25/2015

Authorized by:

LuAnn Adams, Commissioner

R58. Agriculture and Food, Animal Industry.

R58-13. Custom Exempt Slaughter.

R58-13-1. Authority.

Promulgated under authority of Section 4-32-7.

 

R58-13-2. Inspection Exemptions.

A. The Commissioner of Agriculture and Food may exempt the operation of any person from inspection or other requirements of Title 4, Chapter 32, to the extent such operations would be exempt from corresponding requirements under the Federal Meat Inspection Act.

B. The Commissioner shall exempt from inspection the slaughtering and preparation by any person of any livestock which is exclusively for use by the owner of said livestock, members of his household, his nonpaying guests, or full time employees.

C. The custom operators claiming exemption from inspection will keep records showing the numbers and kinds of livestock slaughtered on a custom basis, the quantities and types of products prepared on a custom basis, and the names and addresses of the owners of the livestock and products. In addition to these records all beef animals slaughtered at an exempt slaughter establishment must have received a Utah State Brand Inspection or proof of ownership verification prior to slaughter.

D. The establishment in which custom operations are conducted will conform to all sanitary requirements prescribed by the Commissioner or designee and 9 C.F.R. 308.4 through 308.11, 308.13, 308.14 and 308.3 (except 308.3 (d) (2) and (3), January 1, 2001 edition.

 

R58-13-3. Identification of Carcasses.

The carcasses of custom slaughtered animals will be clearly and plainly marked "NOT FOR SALE," in letters not less than 3/8 of an inch in height, immediately after the slaughter process is completed. The custom slaughtered carcass will be marked on each quarter of the carcass. Custom prepared products must be plainly marked "NOT FOR SALE," 3/8 inch letter height, immediately after being prepared and kept so identified until delivered to the owner.

 

R58-13-4. Separation of Custom and Official Slaughtering.

A. If exempted custom slaughtering or other preparation of products is conducted in an official establishment, all facilities and equipment in the official establishment used for such custom operations shall be thoroughly cleaned and sanitized before they are reused for preparing any products for sale.

B. Exempted custom slaughtered carcasses and products will be kept separate and away from all inspected carcasses and products while in an official establishment. Custom slaughtered carcasses will be kept not less than 36 inches apart in the nearest proximity from inspected carcasses in chill and holding coolers.

C. The construction of all exempted slaughter or processing establishments will conform to minimum requirements as prescribed by the Commissioner or designee to assure adequate facilities for the purpose intended as required in the licensing act.

 

KEY: food inspections, meat inspections

Date of Enactment or Last Substantive Amendment: 2015

Authorizing, and Implemented or Interpreted Law: 4-32-7