Federal Poultry Inspection Exemptions

These descriptions are highly simplified. Their acceptance may vary by state. Producers must consult the full USDA regulations to learn whether they qualify for an exemption. And they must meet all state and local regulations.

I. Personal Use Exemption. There is no limit on the number of privately owned birds that may be processed for the private use of one’s household and non-paying guests. Poultry may not be sold or donated for use as human food.

II. Custom Slaughter/Processing Exemption. A custom poultry slaughterer provides the service of slaughtering and processing poultry belonging to someone else for that person’s own use. These poultry products may not be bought or sold for use as human food. There is no limit on the number of birds that may be processed.

III. Producer/Grower – 1,000 Birds Per Year Limit. Producers/growers may sell, as human food, no more than 1,000 birds they themselves raise, slaughter and process on their premises. Slaughter and sales records must be kept.

IV. Producer/Grower – 20,000 Birds Per Year Limit. Producers/growers may slaughter, process, and sell no more than 20,000 birds they themselves raise for distribution as human food, including resale to a distributor, hotel, restaurant, retail store, institution, or small enterprise. The slaughter facility and processing equipment may not be used for another person’s poultry unless an FSIS exemption is granted.  The main difference between III and IV is the labeling.

V. Producer/Grower or Other Person (PGOP) Exemption -- 20,000 Birds Per Year Limit. The PGOP is a single entity, either a poultry grower who raises poultry for sale or a person who purchases poultry live from a grower. The PGOP may slaughter and process no more than 20,000 birds per year for sale to households, restaurants, hotels, or boarding houses—the locations where it will be consumed. The PGOP may not slaughter or process poultry owned by another person, and may not sell products to a retail store or other producer/grower.

VI. Small Business Enterprise Exemption — 20,000 Birds Per Year Limit. Processing under this exemption is limited to the cutting up or boning of no more than 20,000 carcasses per year for use as human food. The small business may be a poultry producer/grower, or a business that purchases live poultry that it slaughters and dresses, or a business that purchases dressed poultry for distribution.

VII. Retail Exemption. The retail exemption for a store, dealer, or restaurant has several restrictions on the type of processing, weight, or dollar limit of poultry products that may be sold. Please refer to Criteria and Notes in the Guidance document (Reference #2 below).

Questions about processing compliance with federal regulations may be directed to your regional USDA Office. To find an office near you, see www.fsis.usda.gov/Contact_Us/Office_Locations_&_Phone_Numbers/index.asp

References about the Federal Regulations on Processing and Selling Poultry Meat

1.         Federal, state and local meat processing and handling regulations. See the Code of Federal Regulations, http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&tpl=%2Findex.tpl, specifically Title 9 Animals and Animal Products, Part 303 Exemptions, and Part 381 Poultry Products Inspection Regulations.

2.         Guidance for determining whether a poultry slaughter or processing operation is exempt from inspection requirements of the Poultry Products Inspection Act, United States Department of Agriculture Food Safety and Inspection Service Inspection & Enforcement Initiatives Staff, Revision 1, April 2006. www.fsis.usda.gov/oppde/rdad/FSISNotices/Poultry_slaughter_exemption_0406.pdf

Additional links to regulations and related topics: www.fsis.usda.gov

3.         Food Safety and Inspection Service Directive: Custom Exempt Review Process. www.fsis.usda.gov/OPPDE/rdad/FSISDirectives/5930.1Rev4.pdf

Read about the Missouri Department of Agriculture’s Meat and Poultry Inspection Program which includes information on custom exempt rules, selling to restaurants, requirements for state inspection, and product labeling instructions.