§159-29  Exemptions.  (a)  This chapterrequiring inspection of the slaughtering of animals and the preparation of thecarcasses, parts thereof, and meat or meat products at establishmentsconducting such operations shall not apply:

(1)  To the slaughtering by any person of animals ofthe person's own raising, and the preparation and transportation by the personof the carcasses, parts thereof, and meat or meat products of the animalsexclusively for use by the person, members of the person's household, and theperson's nonpaying guests and employees; provided that the slaughter of theanimals is performed in compliance with part II of chapter 146.

(2)  To the custom slaughter by any person of cattle,sheep, swine, or goats delivered by the owner thereof or the owner's agent forslaughter, and the preparation by that slaughterer of the carcasses, partsthereof, and meat or meat products of the animals exclusively for use, in thehousehold of the owner, by the owner, members of the owner's household, and theowner's nonpaying guests and employees; nor:

(3)  To the custom preparation by any person ofcarcasses, parts thereof, and meat or meat products derived from the slaughterby any person of cattle, sheep, swine, or goats of the owner's own raising orfrom exotic animals delivered by the owner thereof for that custom preparation,and transportation of those custom prepared articles exclusively for use, inthe household of the owner, by the owner, members of the owner's household, andthe owner's nonpaying guests and employees.

(4)  To the person engaging in custom operations at anestablishment at which inspection under this chapter is maintained; providedthat:

(A)  Any carcasses, parts thereof, and meat ormeat products wherever handled on a custom basis, or any containers or packagescontaining those articles, are separated at all times from carcasses, partsthereof, and meat or meat products prepared for sale; and

(B)  All articles prepared on a custom basis,or any containers or packages containing such articles, are plainly marked"not for sale" immediately after being prepared and kept soidentified until delivered to the owner.

A person conducting custom exempt operationsshall be registered with the board as a custom exempt operator under this paragraphand obtain a permit for exemption from the board to conduct those operations. The board may refuse, withdraw, or modify any permit for exemption under thisparagraph in its discretion whenever it determines the action is necessary toeffectuate the purposes of this chapter.

(b)  The custom slaughter of animals andpreparation of meat or meat products shall be conducted in accordance with thesanitary conditions and the recordkeeping, registration, and disease controlprovisions that the board may prescribe.

(c)  The transportation by commercial carrierof carcasses, parts thereof, or meat or meat products produced withoutinspection under subsection (a) is prohibited, except under permit issued bythe board.

(d)  This chapter requiring inspection of meator meat products shall not apply to operations of types traditionally andusually conducted at retail stores and restaurants, when conducted at anyretail store or restaurant or similar retail-type establishment for sale at theestablishments in normal retail quantities or service of meat or meat productsto consumers; provided that the meat or meat products shall have been inspectedand passed previously in compliance with this chapter and that the preparation,handling, and storage of meat or meat products is conducted in accordance withthe sanitary conditions that the board may prescribe.

(e)  In order to accomplish the objectives ofthis chapter, the board, by rule, may exempt operations which the boarddetermines would best be exempted to further the purposes of this chapter, tothe extent that the exemptions conform to the Federal Meat Inspection Act andthe regulations thereunder.

(f)  The adulteration and misbrandingprovisions of this chapter, other than the requirement of the official inspectionlegend, shall apply to meat or meat products which are not required to beinspected under this section. [L 1969, c 214, pt of §1; am L 1977, c 202, §1;am L 1978, c 37, §1; gen ch 1985; am L 1990, c 139, §7; am L 1991, c 88, §1]