§161-29  Exemptions.  (a)  Theprovisions of this chapter requiring inspection of the slaughtering of poultryand the processing of carcasses, parts thereof, and poultry products atestablishments conducting those operations shall not apply:

(1)  To the slaughtering by any person of poultry ofthe person's own raising, and the processing by the person of the carcasses,parts thereof, and poultry products of the poultry exclusively for use by theperson and members of the person's household and the person's nonpaying guestsand employees;

(2)  To the slaughtering or processing of poultry orpoultry products which are wholesome, unadulterated, and fit for humanconsumption by a producer on the producer's own premises and of the producer'sown raising for sale to a consumer and received directly by the consumer on theproducer's premises for exclusive use by the consumer and members of theconsumer's household, the consumer's nonpaying guests, and employees; or

(3)  To the custom slaughter by any person of poultrydelivered by the owner thereof or the owner's agent for slaughter, and theprocessing by the slaughterer of the carcasses, parts thereof, and poultryproduct of the poultry, exclusively for use in the household of the owner, bythe owner, and members of the owner's household and the owner's nonpayingguests and employees; provided that the custom slaughterer does not engage inthe business of buying or selling any carcasses, parts thereof, of poultry orpoultry products, capable of use as human food; and provided further that theslaughter of poultry and processing of poultry or poultry products shall beconducted in accordance with the sanitary conditions, record keeping,registration, and disease control provisions specified by rule.

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

(c)  The provisions of this chapter requiringinspection of poultry or poultry products shall not apply to operations of atype traditionally and usually conducted at retail stores or restaurants, whenconducted at any retail store or restaurant or similar retail-typeestablishment for sale at the establishments in normal retail quantities orservice of poultry or poultry products to consumers; provided that:

(1)  The poultry or poultry products have beeninspected and passed previously in compliance with this chapter; and

(2)  The processing, handling, and storage of poultryor poultry products shall be conducted in accordance with sanitary conditionsthe board may specify by rule.

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

(e)  A person conducting custom exemptoperations shall register with the board as a custom exempt operator under thissubsection and shall obtain a permit for exemption from the board to conductthose operations.  In its discretion, the board may refuse, withdraw, or modifyany permit for exemption under this subsection if it determines that the actionis necessary to effectuate the purposes of this chapter.

(f)  The adulteration and misbrandingprovisions of this chapter, other than the requirement of the inspectionlegend, shall apply to poultry or poultry products which are not required to beinspected under this section. [L 1969, c 212, §21; gen ch 1985; am L 1993, c92, §6]