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U.S. Code as of:
01/19/04
Section 464. Exemptions
(a) Persons exempted
The Secretary shall, by regulation and under such conditions as
to sanitary standards, practices, and procedures as he may
prescribe, exempt from specific provisions of this chapter -
(1) retail dealers with respect to poultry products sold
directly to consumers in individual retail stores, if the only
processing operation performed by such retail dealers is the
cutting up of poultry products on the premises where such sales
to consumers are made;
(2) for such period of time as the Secretary determines that it
would be impracticable to provide inspection and the exemption
will aid in the effective administration of this chapter, any
person engaged in the processing of poultry or poultry products
for commerce and the poultry or poultry products processed by
such person: Provided, however, That no such exemption shall
continue in effect on and after January 1, 1970; and
(3) persons slaughtering, processing, or otherwise handling
poultry or poultry products which have been or are to be
processed as required by recognized religious dietary laws, to
the extent that the Secretary determines necessary to avoid
conflict with such requirements while still effectuating the
purposes of this chapter.
(b) Territorial exemption
The Secretary may, under such sanitary conditions as he may by
regulations prescribe, exempt from the inspection requirements of
this chapter the slaughter of poultry, and the processing of
poultry products, by any person in any Territory not organized with
a legislative body, solely for distribution within such Territory,
when the Secretary determines that it is impracticable to provide
such inspection within the limits of funds appropriated for
administration of this chapter and that such exemption will aid in
the effective administration of this chapter.
(c) Personal slaughtering; custom slaughtering; name and address of
the poultry producer or processor in lieu of other labeling
requirements; small enterprises; slaughterers or processors of
specified number of turkeys; poultry producers raising poultry on
own farms
(1) The Secretary shall, by regulation and under such conditions,
including sanitary standards, practices, and procedures, as he may
prescribe, exempt from specific provisions of this chapter -
(A) the slaughtering by any person of poultry of his own
raising, and the processing by him and transportation in commerce
of the poultry products exclusively for use by him and members of
his household and his nonpaying guests and employees;
(B) the custom slaughter by any person of poultry delivered by
the owner thereof for such slaughter, and the processing by such
slaughterer and transportation in commerce of the poultry
products 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 poultry products capable
of use as human food;
(C) the slaughtering and processing of poultry products in any
State or Territory or the District of Columbia by any poultry
producer on his own premises with respect to sound and healthy
poultry raised on his premises and the distribution by any person
solely within such jurisdiction of the poultry products derived
from such operations, if, in lieu of other labeling requirements,
such poultry products are identified with the name and address of
such poultry producer, and if they are not otherwise misbranded,
and are sound, clean, and fit for human food when so distributed;
and
(D) the slaughtering of sound and healthy poultry or the
processing of poultry products of such poultry in any State or
territory or the District of Columbia by any poultry producer or
other person for distribution by him solely within such
jurisdiction directly to household consumers, restaurants,
hotels, and boarding houses, for use in their own dining rooms,
or in the preparation of meals for sales direct to consumers, if,
in lieu of other labeling requirements, such poultry products are
identified with the name and address of the processor, and if
they are not otherwise misbranded and are sound, clean, and fit
for human food when distributed by such processor.
The exemptions provided for in clauses (C) and (D) above shall not
apply if the poultry producer or other person engages in the
current calendar year in the business of buying or selling any
poultry or poultry products other than as specified in such
clauses.
(2) In addition to the specific exemptions provided herein, the
Secretary shall, when he determines that the protection of
consumers from adulterated or misbranded poultry products will not
be impaired by such action, provide by regulation, consistent with
subparagraph (3), for the exemption of the operation and products
of small enterprises (including poultry producers), not exempted
under subparagraph (1), which are engaged in any State or Territory
or the District of Columbia in slaughtering and/or cutting up
poultry for distribution as carcasses or parts thereof solely for
distribution within such jurisdiction, from such provisions of this
chapter as he deems appropriate, while still protecting the public
from adulterated or misbranded products, under such conditions,
including sanitary requirements, as he shall prescribe to
effectuate the purposes of this chapter.
(3) No exemption under subparagraph (1)(C) or (D) or subparagraph
(2) shall apply to any poultry producer or other person who, in the
current calendar year -
(A) slaughters or processes the products of more than 20,000
poultry; or
(B) slaughters or processes the products of poultry at a
facility used for slaughtering or processing of the products of
poultry by any other poultry producer or person.
Notwithstanding clause (B), the Secretary may grant such exemption
to any poultry producer or other person if the Secretary
determines, upon application of such poultry producer or other
person, that granting such exemption will not impair effectuating
the purposes of this chapter.
(4) The provisions of this chapter shall not apply to poultry
producers with respect to poultry of their own raising on their own
farms if (i) such producers slaughter not more than 1,000 poultry
during the calendar year for which this exemption is being
determined; (ii) such poultry producers do not engage in buying or
selling poultry products other than those produced from poultry
raised on their own farms; and (iii) none of such poultry moves in
commerce (as defined in section 453(a) of this title).
(d) Pizzas containing poultry products
(1) Under such terms and conditions as the Secretary shall
prescribe through rules and regulations issued under this section
that may be necessary to ensure food safety and protect public
health such as special handling procedures, the Secretary shall
exempt pizzas containing a poultry product from the inspection
requirements of this chapter if -
(A) the poultry product components of the pizzas have been
prepared, inspected, and passed in a cured or cooked form as
ready-to-eat in compliance with the requirements of this chapter;
and
(B) the pizzas are to be served in public or private nonprofit
institutions.
(2) The Secretary may withdraw or modify any exemption under this
subsection whenever the Secretary determines such action is
necessary to ensure food safety and to protect public health. The
Secretary may reinstate or further modify any exemption withdrawn
or modified under this subsection.
(e) Applicability of adulteration and misbranding provisions to
articles exempted from inspection
The adulteration and misbranding provisions of this chapter,
other than the requirement of the inspection legend, shall apply to
articles which are exempted from inspection under this section,
except as otherwise specified under paragraphs (a) and (d).
(f) Suspension or termination of exemption
The Secretary may by order suspend or terminate any exemption
under this section with respect to any person whenever he finds
that such action will aid in effectuating the purposes of this
chapter.
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