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LEGAL STUFF
We butcher fresh and Kosher style, our processing is Buddhist style (neck & feet attached with no giblets), no anti-microbial, no citric acid, no bleach, no boric acid, no water or oil(plump-up)injections,. We harvest with clean, cool water only.
We are U.S.D.A. inspection exempt P.L.90-492: This is one of the reasons why we are a private "members only" farm. You must be a farm share member of Rainbow Ranch Farms to recieve farm products. There is a farm share agreement to sign and a $25.00 annual member fee that applies.
United States Department of Agriculture Food Safety and Inspection Service Inspection & Enforcement Initiatives Staff Revision 1, April -2006
Personal Use Exemption Mandatory inspection of the slaughter and processing of privately owned poultry is not required, provided that the following six criteria are met [PPIA Section 464(c)(1)(A), (d), & (e) Section 15 (2)(1)(A),(d) & (e)2; Title 9 Code of Federal Regulations (CFR) 381.10(a)(3)].
Criteria:
1. The slaughtered and processed poultry is for the private use of the:
a. grower/producer/owner,
b. members of his or her household, and
c. his or her nonpaying guests and employees;
2. The slaughter and processing of the poultry is performed by the grower/producer/owner;
3. The poultry is healthy when slaughtered;
4. The poultry is slaughtered and processed under sanitary conditions and practices that result in poultry products that are sound and fit for human food;
5. The exempt poultry is not sold or donated for use as human food; and
6. The shipping containers bear:
a. the producers name,
b. the producers address, and
c. the statement, Exempt P.L. 90-492.
�Exempt P.L. 90-492" identifies the product as product produced under an exemption from the Act, Public Law 90-492. Instead of the Federal law 90-492, a State law may be cited when the inspection of the slaughter and processing of poultry is exempted under the authority of a State law and the operations are reviewed by a State Agency.
Personal Use Exemption Notes:
� There is no limit to the total amount of poultry that owners of poultry may slaughter and process for their private use.
� If any of the six criteria are not met, the poultry is not eligible to be processed under the Personal Use Exemption.
Custom Slaughter/Processing Exemption A custom poultry slaughterer is a business or person who slaughters and processes poultry belonging to someone else. A custom slaughterer provides a service to a customer and does not engage in the business of buying or selling poultry products capable of use as human food.
A custom slaughter business may slaughter or process an unlimited number of poultry when the poultry is delivered by the owner and the following five criteria are met [PPIA Section 464(c)(1)(B) �Section 15 (c)(1)(B)3; Title 9 CFR 381.10(a)(4) & (d)].
Criteria:
1. The custom slaughterer does not engage in the business of buying or selling poultry products capable for use as human food;
2. The poultry is healthy when slaughtered;
3. The slaughter and processing at the custom slaughter facility is conducted in accordance with sanitary standards, practices, and procedures that produce poultry products that are sound, clean, and fit for human food (not adulterated);
4. The custom slaughtered or processed poultry is for the personal use of the grower/owner of the poultry the grower/owner of the custom slaughtered or processed poultry may not sell or donate the custom slaughtered poultry to another person or institution; and
5. The shipping containers bear:
a. the owners name,
b. the owners address, and
c. the statement, Exempt P.L. 90-492
These three items are in lieu of all the required features of a label for inspected and passed poultry products. Also, instead of the Federal law 90-492, a State law may be cited when the inspection of the slaughter and processing of poultry is exempted under the authority of a State law, and the operations are reviewed by a State Agency.
Custom Slaughter Exemption Notes:
If any of the five criteria are not met, the owner of the poultry is not eligible for this exemption.
Selling live poultry to a customer does not disqualify a business from the Custom Slaughter Exemption. For example, a custom slaughterer may sell live poultry to a person and then custom slaughter the bird. However, a person who custom slaughters poultry may not buy or sell poultry products used for human food.
A person operating under a Custom Slaughter Exemption may slaughter and process poultry of his or her own raising provided such slaughtered poultry is for his or her exclusive consumption, or consumption by members of his or her household, nonpaying guests, and employees.
A person who is a custom slaughterer and who is also a poultry grower may raise and sell his or her live poultry to poultry businesses not associated with his or her custom slaughter business.
A custom slaughter business may use a mobile slaughter/ processing unit to custom slaughter and process poultry. There is compliance with the requirements of the Act and regulations when the owner of poultry delivers poultry to a mobile slaughter/processing unit operated by a custom slaughterer provided the slaughtered or processed poultry is for the personal use of the owner of the poultry. The owner of the poultry may deliver the poultry to the mobile slaughter/processing unit located at his or her own premises or any other person�s premises.
Ostrich and other poultry can be custom slaughtered and processed in an official red meat establishment that is subject to the regulatory requirements of the Federal Meat Inspection Act, provided the establishment does not engage in the business of buying and selling poultry products. Also, carcasses or parts of ostrich or poultry not slaughtered at the red meat establishment may be delivered by the owner for custom processing provided the poultry has been previously inspected, passed, and identified as such in accordance with the requirements of the Poultry Products Inspection Act or has been inspected and passed by an equivalent State inspection.
Producer/Grower 1,000 Limit Exemption Limited provisions of the Act apply to poultry growers who slaughter no more than 1,000 poultry in a calendar year for use as human food. A person may slaughter and process on his or her premises poultry that he or she raised and they may distribute such poultry without mandatory inspection when the following five criteria are met [PPIA Section 464(c)(4) Section 15 (c)(4)�4; Title 9 CFR 381.10(c)].
Criteria:
1. The poultry grower slaughters no more that 1,000 healthy birds of his or her own raising in a calendar year for distribution as human food;
2. The poultry grower does not engage in buying or selling poultry products other than those produced from poultry raised on his or her own farm;
3. The slaughter and processing are conducted under sanitary standards, practices, and procedures that produce poultry products that are sound, clean, and fit for human food (not adulterated);
4. The producer keeps records necessary for the effective enforcement of the Act [Title 9 CFR 381.175]; and
5. The poultry products do not move in commerce.
Note: Commerce means the exchange or transportation of poultry products between States, U.S. territories (Guam, Virgin Island of the United States, and American Samoa), and the District of Columbia [PPIA Section 453; Title 9CFR 381.1(b)].
Producer/Grower 1,000 Limit Exemption Notes:
If any of the five criteria are not met, the owner of the poultry is not eligible for this exemption.
Records necessary for the effective enforcement of the Act include slaughter records and records covering the sales of poultry products to customers. USDA/FSIS or State employees review such records to determine compliance with the requirement of the sale of no more than 1,000 poultry in a calendar year.
Producer/Grower 20,000 Limit Exemption A poultry grower may slaughter and process more than 1,000 birds as exempt product for distribution as human food when the following eight criteria are met [PPIA Section 464(c)(1)(C) &(c)(3) �Section 15 (c)(4)5; Title 9 CFR 381.10(a)(5) and (b)(1) and (2)].
Criteria:
1. The producer/grower slaughters and processes, on his or her own premises, no more than 20,000 poultry, raised by him or her, in a calendar year;
2. The producer/grower sells, in a calendar year, only poultry or poultry products he or she prepares according to the criteria for the Producer/Grower 20,000 Limit Exemption; he or she may not buy or sell poultry products prepared under another exemption in the same calendar year in which he or she claims the Producer/Grower
20,000 Limit Exemption [PPIA Section (464)(c)(1) last sentencebefore (c)(2)];
3. The poultry products are distributed solely by the producer/grower and only within the District of Columbia or the State or Territory in which the poultry product is produced.
4. The poultry are healthy when slaughtered;
5. The slaughter and processing at the producer/grower�s premises are conducted using sanitary standards, practices, and procedures that produce poultry products that are sound, clean, and fit for use as human food (not adulterated);
6. The producer only distributes poultry products he or she produced under the Producer/Grower Exemption;
7. The facility used to slaughter or process the poultry is not used to slaughter or process another persons poultry unless the Administrator of FSIS grants an exemption [PPIA Section 464(c)(3); Title 9 CFR 381.10b)(2)]
8. The shipping containers, when distributed in intrastate commerce (instead of the required features of a label of inspected product) bear:
a. producers name,
b. producer's address, and
c. the statement, Exempt P.L. 90-492.
Instead of the Federal law, a State law may be cited when operations are exempted under the authority of a State law and the operations are reviewed by a State Agency.
Producer/Grower 20,000 Limit Exemption Notes:
The producer/grower may sell, intrastate, the poultry products he or she prepares to other businesses for resale as meat or meals, including a distributor, hotel, restaurant, retail store, institution, or small enterprise when the product is produced under a Federal or a State exemption.
FSIS has determined that when a grower producing poultry under the Producer/Grower Exemption rents slaughtering or processing equipment and operates such equipment on his or her premises, he or she is not disqualified for the Producer/Grower Exemption. In this situation, the grower is not required to request an exemption from the Administrator of FSIS. However, the slaughter or processing unit may not be used to slaughter or process another person�s poultry while it is on the renter�s premises.
Producer/Grower or Other Person (PGOP) Exemption The term �Producer/Grower or Other Person (PGOP) refers to a single entity, which may be:
(1) A poultry grower who slaughters and processes poultry that he or she raised for sale directly to household consumers, restaurants, hotels, and boarding houses to be used in those homes and dining rooms for the preparation of meals served or sold directly to customers.
(2) A person who purchases live poultry from a grower and then slaughters these poultry and processes such poultry for sale directly to household consumers, restaurants, hotels, and boarding houses to be served in those homes or dining rooms for the preparation of meals sold directly to customers.
A business may slaughter and process poultry under this exemption when the following nine criteria are met [PPIA Section 464(c)(1)(D) &(c)(3) Section 15 (c)(4)6; Title 9 CFR 381.10(a)(6) and (b)].
Criteria:
1. The producer/grower or other person slaughters for processing and sale directly to household consumers, restaurants, hotels, and boarding houses for use in dining rooms or in the preparation of meals sold directly to customers;
2. The PGOP slaughters no more 20,000 poultry in a calendar year that the producer/grower or other person raised or purchased are slaughtered and processed under this exemption;
3. The poultry processed by a PGOP is poultry that the PPGOP slaughtered;.
4. The poultry products produced under the PGOP Exemption are distributed solely by the manufacturer and only within the State or Territory or the District of Columbia in which the poultry product is produced;
5. The producer/grower or other person dose not engage in the business of buying or selling poultry or poultry products prepared under other exemptions in the same calendar year he or she claims the Producer/Grower Exemption [PPIA Section 464(c)(1) last paragraph before (c)(2)];
6. The processing is limited to preparation of poultry products from poultry slaughtered by the PGOP for distribution directly to: 1) household consumers, 2) restaurants, 3) hotels, and 4) boarding houses for use in their dining rooms or in the preparation of meals sold directly to consumers within the jurisdiction were it is prepared;
7. The slaughter and processing at the producer/grower or other person�s facility is conducted in a manner that results in the preparation of poultry products that are wholesome, sound, clean, and fit for human food (not adulterated), [PPIA Section 4 (g)];
8. The facility used to slaughter and process poultry is not used to slaughter or process another person�s poultry unless the Administrator of FSIS grants an exemption [PPIA Section 464(c)(3); Title 9 CFR 381.10b)(2)]; and
9. The shipping containers, when distributed in intrastate commerce, (instead of all the required features of a label for inspected product) bear:
a. the processors name,
b. the address, and
c. the statement, Exempt P.L. 90-492.
State law, rather than Federal law, may be cited when product is produced in accordance with requirements of a State exemption.
Producer/Grower or Other Person Exemption Notes:
� A business preparing poultry product under the PGOP exemption may not slaughter or process poultry owned by another person.
� A business preparing poultry products under the PGOP exemption may not sell products to a retail store or other producer/grower.
Small Enterprise Exemption A business that qualifies for the Small Enterprise Exemption may be:
(1) A producer/grower who raises, slaughters, and dresses poultry for use as human food whose processing of dressed exempt poultry is limited to cutting up;
(2) A business that purchases live poultry that it slaughters and dresses whose processing of the slaughtered poultry is limited to the cutting up; or
(3) A business that purchases dressed poultry, which it distributes as carcasses and whose processing is limited to the cutting up of inspected or exempted poultry products, for distribution for use as human food.
Under this exemption, a business may slaughter, dress, and cut up poultry for distribution as human food when the following criteria are met [PPIA Section 464(c)(2) & (c)(3) Section 15 (c)(2) & (c)(3))7; Title 9 CFR 381.10(a)(7) & (b)].]
Criteria:
1. Processing of Federal or State inspected or exempt poultry product is limited to the cutting up of carcasses;
2. The business slaughters and dresses or cuts up no more than 20,000 birds in a calendar year under the exemption;
3. The facility operates and is maintained in a manner that prevents the creation of insanitary conditions and ensures that the product is not adulterated [PPIA Section 464(c)(2); and Title 9 CFR 381.10(a)(7) and 416.2-416.5); See Attachment 2 for sanitation requirements forofficial establishments and businesses operating under the Small Enterprise and Retail Store Exemptions;
4. The facility used to slaughter or process poultry is not used to slaughter or process another persons poultry unless the Administrator of FSIS grants an exemption [PPIA Section 464(c)(3); Title 9 CFR 381.10b)(2)];
5. The exempted product is not distributed in interstate commerce; instead, its distribution is limited to premises within the District of
6. Columbia or the State or Territory in which the poultry product is produced; and Note: Poultry products produced under a Small Enterprise Exemption are not misbranded when they bear all of the features of a label for inspected product with the exception that the labeling does not indicate that the product was inspected and passes. Label requirements for this exempt uninspected product include the following: weight or measures; the requirements of , statement indicating why the inspection legend is not permitted; for example, the phrase �Small Enterprise Exemption from Inspection is suggested by FSIS but is not a mandatory requirement. Title 9 CFR 381.500fg, is optional for poultry products produced by a 6. The product is not misbranded.1. Name of the product; 2. Ingredients statement; 3. Statement of the quantity of contents in terms of 4. Name and address of manufacturer; 5. Handling statement; 6. Safe handling instruction that comply with Title 9 CFR 381.125(b)(2)(ii)7. Date of packing; and 8. Explanatory In addition, if the labeling does not bear nutrition or health claims, the nutrition facts feature, as explained in, Exemption From nutritional label in business eligible for the small enterprise exemption.
Small Enterprise Exemption Notes:
A small enterprise is not required to have slaughtered the poultry it cuts up under a Small Enterprise Exemption. The small enterprise may purchase Federal or State inspected and passed poultry for its cut up operation and from exempt businesses that are allowed to sell to a small enterprise.
A small enterprise may handle �pass through product and may cut exempt product produced under the Producer/Grower Exemption.
A small enterprise may handle as pass through poultry product that was produced under Federal or State inspection.
� A business may slaughter or cut up poultry under the Small Enterprise Exemption for sale to:
a. household consumers,
b. hotels,
c. retail stores,
d. restaurants, and
e. similar institutions.
A small enterprise may sell live poultry to a customer and then slaughtering, dressing, and cutting up the poultry for the customer. Selling live poultry is not the same as selling buying or selling poultry products one of the criteria that prevents a business from claming as Custom Slaughter/Processing Exemption.
A small enterprise may not cut up and distribute poultry products produced under the Small Enterprise Exemption to a business operating under the following exemptions:
a. Producer/Grower or PGOP Exemption,
b. Retail Dealer Exemption, or
c. Retail Store exemptions.
Retail Exemption (Store/Dealer/Restaurant): A retail business is a facility where poultry products are sold to a customer (household consumers and hotels, restaurants, and similar institutions) at the retail business and the amount purchased by the customer is considered to be a normal amount for a retail purchase.
The Act provides for several types of retail exemptions: (1) the Retail Dealer Exemption, (2) the Retail Store Exemption, and (3) the Restaurant Exemption. The type of poultry slaughter and processing operations a business conducts determines which retail exemption under which the business may produce poultry. A business is qualified to operate under a retail exemption when the following criteria are met [PPIA Section 454.(c)(2) Section 5 (c)(2)8, PPIA Section 464.(a)(1) Section 15 (c)(2)7;.Title 9 CFR 381.10(a)(1) and (d)(2)(vi), and 381.10(d)(1) and (d)(2)(i), (ii) and (iii)].
8 Some published copies of the PPIA number the sections form 1to 29 not 451-470 as numbered in the United States Codes.
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Criteria:
1. Only poultry carcasses and parts derived from federally inspected and passed poultry are transported in interstate commerce [Title 9 CFR 381.10(a)(1)];
2. Poultry products used in the preparation of meals at a restaurant are derived from federally inspected and passed poultry products or federally exempt poultry products from exempt operations that may sell to restaurants [381.10(d)(2)(iv)(2)];
3. State inspected and passed or exempt State or exempt federal poultry products used in the preparation of poultry products, sold at the retail store, are not transported in interstate commerce, the exempt poultry product must be from an acceptable exempt source a Producer/Grower or Small Enterprise [381.10(d)(2)(iii)(c)] (Note: A PGOP cannot sell their products to retailers only to household consumers, boarding houses, hotels and restaurants];
4. The business does not custom slaughter poultry delivered by the owner;
5. The retail business does not prepare exempt products that the business sells to another retail store or a distributor of poultry products;
6. The only poultry slaughtered at a retail store is poultry that is purchased live by the customer, at the retail store, and then the poultry product is prepared according to the customers instructions and delivered back to the customer;
7. The business may custom process poultry delivered by the owner provided that the poultry is from an acceptable source, Federal or State inspected and passed, or exempt poultry);
8. The facility operates and is maintained in a manner that prevents the creation of insanitary conditions and ensures that the product is not adulterated [PPIA Section 464(c)(2); and Title 9 CFR 381.10(a)(7) and 416.2-416.5); See Attachment 2 for sanitation requirements forofficial establishments and businesses operating under the Small Enterprise and Retail Store Exemptions;
9. Operations of types traditionally and usually conducted at retail stores are conducted in the store and include:
a. boning,
b. cut up,
c. stuffing,
d. smoking,
e. rendering, or
f. salting;
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10. No canning operation is conducted in the retail store; Note: Poultry products produced under a Retail Store Exemption are not misbranded when they bear all of the features of an official label with the exception that the labeling does not indicate that the product was inspected and passes. Official label requirements include the following: 1. Name of the product, 2. Ingredients statement, 3. Statement of the quantity of contents in terms of weight or measures, 4. Name and address of manufacturer, 5. Handling statement, 6. Safe handling instruction that comply with the requirements of 9 CFR 381.125(b)(2)(ii), 7. Date of packing, and 8. Explanatory statement indicating why the inspection legend is not permitted; for example, the phrase �Retail Exemption from Inspection� is suggested by FSIS but is not a mandatory requirement. In addition, if the labeling does not bear nutrition or health claims, the nutrition facts feature, as explained in, Title 9 CFR 381.500, is optional for poultry products produced by a business eligible for the small enterprise exemption. 11. Product sold in commerce is not misbranded; Title Exemption from nutritional labeling
12. Sales of poultry and poultry products are in normal retail quantities or served to consumers at the retail store (normal retail quantities are 75 pounds or less to household consumers and 150 pounds or less to hotels, restaurants, and similar institutions); and
13. Sales to hotels, restaurants, and similar institutions do not exceed either one of two limits:
?. 25 percent of the dollar value of total poultry product sales, or
?. the calendar year dollar limit for retail stores set by the Administrator of FSIS;
Attachment 2 Basic Sanitary Standards
Following are general basic sanitary standards, practices, and procedures [9 CFR 416.2-416.5]. The list is a summary of the regulatory requirements for sanitation procedures and practices that are required for a poultry business receiving full U.S. Department of Agriculture inspection and are applicable to poultry exempt operations {Title 9 CFR Part 416}. In addition, specific sanitary practices are described in FSIS�s Sanitation Performance Standards Compliance Guide, dated October 13, 1999. This 92-page document is also available from
http://www.fsis.usda.gov/FSIS_Employees/Compliance_Guides_Index/index.asp
A. Sanitary operating conditions. All food-contact surfaces and non-food-contact surfaces of an exempt facility are cleaned and sanitized as frequently as necessary to prevent the creation of insanitary conditions and the adulteration of product. Cleaning compounds, sanitizing agents, processing aids, and other chemicals used by an exempt facility are safe and effective under the conditions of use. Such chemicals are used, handled, and stored in a manner that will not adulterate product or create insanitary conditions. Documentation substantiating the safety of a chemical's use in a food processing environment are available to inspection program employees for review. Product is protected from adulteration during processing, handling, storage, loading, and unloading and during transportation from official establishments.
B. Grounds and pest control. The grounds of exempt operation are maintained to prevent conditions that could lead to insanitary conditions or adulteration of product. Plant operators have in place a pest management program to prevent the harborage and breeding of pests on the grounds and within the facilities. The operator's pest control operation is capable of preventing product adulteration. Management makes every effort to prevent entry of rodents, insects, or animals into areas where products are handled, processed, or stored. Openings (doors and windows) leading to the outside or to areas holding inedible product have effective closures and completely fill the openings. Areas inside and the facility are maintained to prevent harborage of rodents and insects. The pest control substances used are safe and effective under the conditions of use and are not applied or stored in a manner that will result in the adulteration of product or the creation of insanitary conditions.
C. Sewage and waste disposal. Sewage and waste disposal systems properly remove sewage and waste materials�feces, feathers, trash, garbage, and paper�from the facility. Sewage is disposed of into a sewage system separate from all other drainage lines or disposed of through other means sufficient to prevent backup of sewage into areas where product is processed, handled, or stored. When the sewage disposal system is a private system requiring approval by a State or local health authority, upon request, the management must furnish to the inspector a letter of approval from that authority.
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D. Water supply and water, ice, and solution reuse. A supply of running water that complies with the National Primary Drinking Water regulations (40 CFR part 141) at a suitable temperature and under pressure as needed, is provided in all areas where required (for processing product; for cleaning rooms and equipment, utensils, and packaging materials; for employee sanitary facilities, etc.). If a facility uses a municipal water it must make available to the inspector, upon request, a water report, issued under the authority of the State or local health agency, certifying or attesting to the potability of the water supply. If a facility uses a private well for its water supply, it must make available to the inspector, upon request, documentation certifying the potability of the water supply that has been renewed at least semi-annually.
E. Facilities. Maintenance of facilities during slaughtering and processing is accomplished in a manner to ensure the production of wholesome, unadulterated product.
F. Dressing rooms, lavatories, and toilets. Dressing rooms, toilet rooms, and urinals are sufficient in number ample in size, conveniently located, and maintained in a sanitary condition and in good repair at all times to ensure cleanliness of all persons handling any product. Dressing rooms, lavatories, and toilets are separate from the rooms and compartments in which products are processed, stored, or handled.
G. Inedible Material Control. The operator handles and maintains inedible material in a manner that prevents the diversion of inedible animal products into human food channels and prevents the adulteration of human food.
Notes: California, Colorado and New York do not maintain State meat or poultry inspection programs. They do perform custom exempt reviews for FSIS under cooperative agreement. Custom exempt operators slaughter or process for the owners of the product and return the product to the owners for their personal use; custom exempt operators do not ship any product out. FSIS is responsible for periodic reviews of these operations.
Honorable A. G. Kawamura, Secretary
Department of Food and Agriculture
1220 N. Street, Suite 409
Sacramento, CA 95814
(916) 654-0433
Fax: (916) 654-0403
Dr. Dennis Thompson, Chief
Meat & Poultry Inspection Branch
Department of Food and Agriculture
1220 N. Street, Room A-125
Sacramento, CA 95814
(916) 654-0504
Fax: (916) 654-2608
Dthompson@cdfa.ca.gov
NO Medications-NO Hormones - NO Steroids - NO Antibiotics - NO Additives - NO Pesticides - NO Herbicides - NO Animal-By-Products - NO Arsenicals - NO G.M.O.'s - and NO Artificial Grow Lights.
"Doing It Natures Way"
It is important that our farm members are educated in matters of food and health, please research and investigate where your food comes from and that it is being grown honestly.
To offer U.S.D.A. inspected poultry, we may need to grow our birds in a wharehouse and sterilize the wharehouse with U.S.D.A. approved sterilization agents, transport them on commercial trucks to a U.S.D.A. inspected slaughter plant. The poultry may have to wait in cages until ready to be butchered, without any water or food for 24-72 hours. When processed by U.S.D.A. standards, sanitizing and sterilization agents may include the use of possible toxic cleaning agents, sprays, anti-microbial and we would have no control over the humane standards that we incorporate into our farming traditions.
The U.S.D.A, F.D.A. and the S.D.F.A have put inplace these regulations to try to prevent the spread of disease and control the safety of our food when produced in mass volume.
To learn more about U.S.D.A. State Inspected slaughter plants, and Inspected meats please contact the U.S.D.A. or the State Department of Food and Agriculture or the Food and Drug Administration.
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