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



(1)  To the slaughtering by any person of poultry of
the 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 the
person and members of the person's household and the person's nonpaying guests
and employees;



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



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



(b)  The transportation by commercial carrier
of carcasses, parts thereof, poultry, or poultry products produced without
inspection under subsection (a) is prohibited, except under permit issued by
the board.



(c)  The provisions of this chapter requiring
inspection of poultry or poultry products shall not apply to operations of a
type traditionally and usually conducted at retail stores or restaurants, when
conducted at any retail store or restaurant or similar retail-type
establishment for sale at the establishments in normal retail quantities or
service of poultry or poultry products to consumers; provided that:



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



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



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



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



(f)  The adulteration and misbranding
provisions of this chapter, other than the requirement of the inspection
legend, shall apply to poultry or poultry products which are not required to be
inspected under this section. [L 1969, c 212, §21; gen ch 1985; am L 1993, c
92, §6]