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Processing Meat and Poultry Products
The raising of meat and poultry for slaughter and sale directly to the customer is one option for the direct farm business. Meat and poultry are subject to different laws and regulations regarding licensure and inspection (and exemptions from such requirements) for direct farm marketing. The USDA's Food Safety and Inspection Service (FSIS) is responsible for regulating facilities that are federally licensed and inspected. The Illinois Department of Agriculture enforces Illinois laws and regulations applicable to Illinois facilities.
Meat
If meat derived from livestock is sold by the direct farm business across state lines, the animal must be slaughtered and the meat processed in a federally licensed facility. Federal facilities that slaughter or process meat are governed by the Meat Inspection Act and accompanying regulations (9 C.F.R. Part 300). If the meat is sold within Illinois (i.e., not in interstate commerce), the meat may come from a facility inspected according to the Illinois Meat and Poultry Inspection Act and regulations, which incorporate the federal rules.
A good place to get an idea of the many legal requirements for direct marketing meat is the book How to Direct Market Your Beef. The book was written by Jan Holder, a rancher in partnership with her husband, who has been successful at direct marketing beef with a "grass-fed" claim. The Sustainable Agriculture Network (an arm of the USDA's Sustainable Agriculture Research and Education (SARE) program) funded publication of the book. In the book, Mrs. Holder discusses her experience in complying with laws governing the slaughter, processing, and marketing of their beef.
Poultry
As a general rule, poultry products that move in interstate commerce (i.e. move across state lines) are subject to the federal Poultry Products Inspection Act (PPIA) and regulations that mandate that poultry slaughter and/or processing of products are subject to mandatory inspection. Some operations, however, are exempted from federal inspection. Even if the operation is exempted from federal inspection, state inspection may apply, unless exempted.
Federal Inspection Exceptions for Poultry
Some direct farm businesses who wish to sell poultry products directly to consumers may be excepted from the PPIA's mandatory inspection requirements if certain criteria are met (21 U.S.C. § 464; 9 C.F.R. § 381.10). There
FSIS has published Guidance for Determining Whether a Poultry Slaughter or Processing Operation is Exempt from Inspection Requirements of the Poultry Products Inspection Act, which contains a helpful decision flowchart (page 5) and a table (page 21) to determine whether the operation is exempt from the PPIA. The Guide also explains all the criteria that must be met for an exception to apply. FSIS recommends contacting one of its district offices to determine whether an exemption applies, and if not, to receive guidance on how to obtain inspection.
Regardless of the exemption, processors are never exempt from the PPIA's requirement that poultry products not be misbranded or adulterated (injurious to health, or held, packed or produced under unsanitary conditions). Sanitary hygeine requirements and recommendations are summarized in Attachment 2 to the exemption Guidance (linked above), and include discussion of the requirements contained in the Code of Federal Regulations (9 C.F.R. § 416), and the FSIS Sanitation Performance Compliance Guide.
You should check with institutional customers (e.g., restaurants or stores) to see if their insurance requires federal inspection.
State Inspection Exceptions Poultry
The Meat and Poultry Inspection Act and regulations (Subpart C) apply to the slaughter, processing, and marketing of poultry and poultry products. Poultry slaughterers and processors are exempt from the Illinois Poultry Inspection Act if the poultry raisers:
- raise poultry on their own farms or premises;
- slaughter, eviscerate, or further process not more than 5,000 birds per calendar year;
- do not sell or buy poultry products other than those produced from poultry raised on the farm;
- slaughter, prepare, sell or deliver poultry or poultry products to the consumer on or from the premises;
- slaughter and/or prepare poultry or poultry products in sanitary facilities, under sanitary conditions, and subject the facility to periodic inspection by DOA personnel; and,
- submit a written request for exemption is submitted to the DOA
(225 ILCS § 650/5). The exemption is good upon written receipt from the DOA, and is good for 2 years unless revoked. Adequate records must be kept to assume that no more than the number of exempted poultry are slaughtered or processed in the calendar year. Records must be kept for one year after the 2 year exemption terminates. Any advertisement must reflect that the poultry is exempt from inspection under the Act.
The regulations incorporate by reference the federal requirement that regardless of the exemption, processors are never exempt from the PPIA's requirement that poultry products not be misbranded or adulterated (injurious to health, or held, packed or produced under unsanitary conditions) (9 IAC § 125.110).
Labeling Meat and Poultry Products
A Guide to Federal Food Labeling Requirements for Meat and Poultry Products
Home Processing
The Industrial Home Work Act prohibits the processing of food or drink in a home when the material has been provided by an employer to the employee for processing and the employer intends for the finished product to be returned (820 ILCS 240/2(A)).
Retail Sale of Food
Illinois Food Sanitation Code for Food Service and Retail Food Stores apply to operations that sell processed food and/or serve processed food to customers.
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The Animals Intended for Food Act provides for inspections of animals to prevent unsound, unhealthful, unwholesome or otherwise unfit food from entering the food supply.
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