7 Scott H. Chew
9 LONG TITLE
10 General Description:
11 This bill provides for the slaughter and processing of domesticated game.
12 Highlighted Provisions:
13 This bill:
14 ▸ defines terms;
15 ▸ amends existing provisions and enacts provisions to allow certain slaughter of
16 domesticated game by a person who holds a certain license;
17 ▸ enacts provisions to provide for the slaughter and processing of domesticated game,
19 • required inspections;
20 • notice of slaughter and processing to the Department of Agriculture and Food;
22 • transportation of slaughtered domesticated game;
23 ▸ gives rulemaking authority to the Department of Agriculture and Food relating to
24 the slaughter and processing of domesticated game; and
25 ▸ makes technical and conforming changes.
26 Money Appropriated in this Bill:
28 Other Special Clauses:
30 Utah Code Sections Affected:
32 4-32-105, as renumbered and amended by Laws of Utah 2017, Chapter 345
33 4-32-107, as renumbered and amended by Laws of Utah 2017, Chapter 345
34 4-32-108, as renumbered and amended by Laws of Utah 2017, Chapter 345
36 4-32a-101, Utah Code Annotated 1953
37 4-32a-102, Utah Code Annotated 1953
38 4-32a-201, Utah Code Annotated 1953
39 4-32a-202, Utah Code Annotated 1953
40 4-32a-203, Utah Code Annotated 1953
41 4-32a-204, Utah Code Annotated 1953
42 4-32a-205, Utah Code Annotated 1953
43 4-32a-206, Utah Code Annotated 1953
44 4-32a-207, Utah Code Annotated 1953
45 4-32a-208, Utah Code Annotated 1953
47 Be it enacted by the Legislature of the state of Utah:
48 Section 1. Section 4-32-105 is amended to read:
49 4-32-105. Definitions.
50 As used in this chapter:
51 (1) "Adulterated" means any meat or poultry product that:
52 (a) bears or contains any poisonous or deleterious substance that may render it
53 injurious to health, but, if the substance is not an added substance, the meat or poultry product
54 is not considered adulterated under this subsection if the quantity of the substance in or on the
55 meat or poultry product does not ordinarily render it injurious to health;
56 (b) bears or contains, by reason of the administration of any substance to the animal or
57 otherwise, any added poisonous or added deleterious substance that in the judgment of the
58 commissioner makes the meat or poultry product unfit for human food;
59 (c) contains, in whole or in part, a raw agricultural commodity and that commodity
60 bears or contains a pesticide chemical that is unsafe within the meaning of 21 U.S.C. Sec.
62 (d) bears or contains any food additive that is unsafe within the meaning of 21 U.S.C.
63 Sec. 348;
64 (e) bears or contains any color additive that is unsafe within the meaning of 21 U.S.C.
65 Sec. 379e, provided that a meat or poultry product that is not otherwise considered adulterated
66 under Subsection (1)(c) or (d) is considered adulterated if use of the pesticide chemical, food
67 additive, or color additive is prohibited in official establishments by federal law, regulation, or
69 (f) consists, in whole or in part, of any filthy, putrid, or decomposed substance or is for
70 any other reason unsound, unhealthful, unwholesome, or otherwise unfit for human food;
71 (g) has been prepared, packaged, or held under unsanitary conditions if the meat or
72 poultry product may have become contaminated with filth, or if it may have been rendered
73 injurious to health;
74 (h) is in whole or in part the product of an animal that died other than by slaughter;
75 (i) is contained in a container that is composed, in whole or in part, of any poisonous or
76 deleterious substance that may render the meat or poultry product injurious to health;
77 (j) has been intentionally subjected to radiation, unless the use of the radiation
78 conforms with a regulation or exemption in effect pursuant to 21 U.S.C. Sec. 348;
79 (k) has a valuable constituent in whole or in part omitted, abstracted, or substituted; or
80 if damage or inferiority is concealed in any manner; or if any substance has been added, mixed,
81 or packed with the meat or poultry product to increase its bulk or weight, reduce its quality or
82 strength, or make it appear better or of greater value; or
83 (l) is margarine containing animal fat and any of the raw material used in the margarine
84 consists in whole or in part of any filthy, putrid, or decomposed substance.
85 (2) "Amenable species" means:
86 (a) livestock, including cattle, sheep, goats, swine, or equine; or
87 (b) poultry, including a domesticated chicken, turkey, duck, goose, guinea, ratite, or
91 preparing animal food derived from animal carcasses or parts or products of the carcasses.
93 animal immediately before slaughter.
95 meat or poultry products other than for the person's own account.
97 of a carcass, unless it is denatured or otherwise identified as required by rules of the department
98 to deter the carcass or product's use as human food.
100 out the provisions of this chapter.
102 receptacle, wrapper, or cover.
104 amenable species, or nonamenable species as a service for the person who owns the meat [
105 wild game [
107 species, or nonamenable species, if the person:
108 (a) uses the meat, meat food products, slaughtered amenable species, wild game, or
109 slaughtered nonamenable species for the person's own consumption, including consumption by
110 immediate family members and nonpaying guests; or
111 (b) offers the slaughtered nonamenable species for wholesale or retail sale.
117 (i) slaughtering an amenable species or nonamenable species as a service for the person
118 who owns the amenable species or nonamenable species and uses the slaughtered amenable
119 species or slaughtered nonamenable species for the person's own consumption, including
120 consumption by immediate family members and nonpaying guests; or
121 (ii) the slaughter of a nonamenable species intended for wholesale or retail sale.
122 (b) "Custom exempt slaughter" includes farm custom slaughter.
124 (a) means an animal that:
125 (i) is diagnosed with a disease not known to be cured; or
126 (ii) has exhibited signs or symptoms of a disease that is not known to be cured; and
127 (b) does not include an otherwise healthy animal that suffers only from injuries such as
128 fractures, cuts, or bruises.
130 is used by a farm custom slaughter licensee to slaughter animals.
132 amenable species, or nonamenable species for an owner without official inspection.
134 to allow farm custom slaughter.
136 department to the owner of the facility before the animal is slaughtered that specifies the
137 animal's identification and certifies its ownership.
139 (a) the Federal Meat Inspection Act, 21 U.S.C. Sec. 601 et seq.;
140 (b) the Federal Poultry Products Inspection Act, 21 U.S.C. Sec. 451 et seq.; and
141 (c) the Humane Slaughter Act, 7 U.S.C. 1901 et seq.[
144 June 25, 1938 (52 Stat. 1040) (21 U.S.C. 301 et seq.), and any amendments to the act.
146 container, in which meat or poultry products not consumer packaged are packed.
148 (a) humane handling;
149 (b) [
150 (c) processing inspection; and
151 (d) regulatory requirements.
153 poultry product or the immediate container, not including package liners, of any such product.
155 (a) upon any meat or poultry product or any of its containers or wrappers; or
156 (b) accompanying a meat or poultry product.
160 including edible:
161 (a) skeletal muscle;
162 (b) organs;
163 (c) muscle found in the tongue, diaphragm, heart, or esophagus; and
164 (d) fat, bone, skin, sinew, nerve, or blood vessel that normally accompanies meat and is
165 not ordinarily removed in processing.
167 (a) slaughter animals for human consumption; or
168 (b) process meat or poultry products for human consumption.
170 made wholly or in part from any meat or other part of the carcass of any non-avian animal.
172 (a) bears a label that is false or misleading in any particular;
173 (b) is offered for sale under the name of another food;
174 (c) is an imitation of another food, unless the label bears, in type of uniform size and
175 prominence, the word "imitation" followed by the name of the food imitated;
176 (d) if it has a container, the container is made, formed, or filled as to be misleading;
177 (e) does not bear a label showing:
178 (i) the name and place of business of the manufacturer, packer, or distributor; and
179 (ii) an accurate statement of the quantity of the product in terms of weight, measure, or
180 numerical count, provided that under this Subsection [
181 poultry products not in containers may be established by rules of the department and that under
182 this Subsection [
183 small packages may be established for meat or poultry products by rule of the department;
184 (f) does not bear any word, statement, or other information required by or under
185 authority of this chapter to appear on the label or other labeling that is not prominently placed
186 with such conspicuousness, as compared with other words, statements, designs, or devices, in
187 the labeling, and in such terms as to render it likely to be read and understood by the ordinary
188 individual under customary conditions of purchase and use;
189 (g) is a food for which a definition and standard of identity or composition has been
190 prescribed by rules of the department under Section 4-32-109 if the food does not conform to
191 the definition and standard and the label does not bear the name of the food and any other
192 information that is required by the rule;
193 (h) is a food for which a standard of fill has been prescribed by rule of the department
194 for the container and the actual fill of the container falls below that prescribed unless the food's
195 label bears, in a manner and form as the rule specifies, a statement that the food falls below the
197 (i) is a food for which no standard or definition of identity has been prescribed under
198 Subsection [
199 (i) the common or usual name of the food, if there be any; and
200 (ii) if the food is fabricated from two or more ingredients, the common or usual name
201 of each such ingredient, except that spices, flavorings, and colorings may, when authorized by
202 the department, be designated as spices, flavorings, and colorings without naming each,
203 provided that to the extent that compliance with the requirements of this Subsection [
204 (27)(i)(ii) is impracticable, or results in deception or unfair competition, exemptions shall be
205 established by rule;
206 (j) is a food that purports to be or is represented to be for special dietary uses, unless
207 the label bears information concerning the food's vitamin, mineral, and other dietary properties
208 as the department, after consultation with the Secretary of Agriculture of the United States,
209 prescribes by rules as necessary to inform purchasers as to the food's value for special dietary
211 (k) bears or contains any artificial flavoring, artificial coloring, or chemical
212 preservative, unless the food bears labeling stating that fact, provided that to the extent that
213 compliance with the requirements of this subsection are impracticable, exemptions shall be
214 prescribed by rules of the department; or
215 (l) does not bear directly thereon and on the food's containers, as the department may
216 prescribe by rule, the official inspection legend and establishment number of the official
217 establishment where the product was prepared, and, unrestricted by any of the foregoing, other
218 information as the department may require by rule to assure that the meat or poultry product
219 will not have false or misleading labeling and that the public will be informed of the manner of
220 handling required to maintain the meat or poultry product in a wholesome condition.
221 (28) (a) "Nonamenable species" means a member of a species that is:
222 (i) not included in the definition of amenable species; and
223 (ii) domestically raised.
224 (b) "Nonamenable species" includes domesticated game, as defined in Section
227 department for issuance by an inspector or other person performing official functions under this
230 commissioner for use in applying an official mark.
232 slaughter of animals or the preparation of meat or poultry products is maintained under the
233 authority of this chapter.
237 (32) (a) "Official inspection" means mandatory inspection, carried out under grant of
238 inspection issued by the department, of a slaughtered animal or preparation for slaughtering an
239 animal, if the animal is intended for human consumption.
240 (b) "Official inspection" does not apply to custom exempt processing or farm custom
243 department showing that a meat or poultry product was inspected and passed in accordance
244 with this chapter.
246 rules of the department to identify the status of an animal carcass or meat or poultry product
247 under this chapter.
249 agricultural commodity," have the same meanings for purposes of this chapter as ascribed to
250 them in the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. Sec. 301 et seq.
252 animal's carcass after slaughter.
255 made wholly or in part from any poultry carcass, excepting products that contain poultry
256 ingredients in relatively small proportion or that historically have not been considered by
257 consumers as products of the poultry food industry, and that are exempted from definition as a
258 poultry product by the commissioner.
260 up, or otherwise manufactured or processed.
262 prepare meat or poultry products.
264 carcasses, or parts or products of animal carcasses, except rendering conducted under
265 inspection or exemption under this chapter.
267 (a) the killing of an animal, amenable species, or nonamenable species in a humane
268 manner including skinning or dressing; or
269 (b) the process of performing any of the specified acts in preparing an animal,
270 amenable species, or nonamenable species for human consumption.
284 (43) "Wild game" means a species, the products of which are food, that is not classified
285 as an amenable species or nonamenable species, including:
286 (a) a deer;
287 (b) an elk;
288 (c) an antelope;
289 (d) a moose;
290 (e) a bison;
291 (f) a rabbit; and
292 (g) a bird.
293 Section 2. Section 4-32-107 is amended to read:
294 4-32-107. Meat establishment and farm custom slaughter licenses -- Application
295 -- Fees -- Expiration -- Renewal.
296 (1) A person may not operate a meat establishment in the state without a meat
297 establishment license issued by the department.
298 (2) (a) Application for a license to operate a meat establishment shall be made to the
299 department upon a form prescribed and furnished by the department.
300 (b) Upon receipt of a proper application, compliance with all applicable rules, and the
301 payment of an annual license fee determined by the department according to Subsection
302 4-2-103(2), the commissioner, if satisfied that the public convenience and necessity will be
303 served, shall issue a license allowing the applicant to operate a meat establishment through
304 December 31 of the year in which the license is issued, subject to suspension or revocation for
306 (c) A meat establishment license is annually renewable on or before December 31 of
307 each year, upon the payment of an annual license renewal fee in an amount determined by the
308 department according to Subsection 4-2-103(2).
309 (3) (a) Application for a farm custom slaughter license to engage in the business of
310 slaughtering livestock or a nonamenable species shall be made to the department on a form
311 prescribed and furnished by the department.
312 (b) Upon receipt of a proper application, compliance with all applicable rules, and
313 payment of a license fee in an amount determined by the department according to Subsection
314 4-2-103(2), the commissioner shall issue a license allowing the applicant to engage in farm
315 custom slaughtering.
316 (c) A farm custom slaughter license is annually renewable on or before December 31 of
317 each year, upon the payment of an annual renewal license fee in an amount determined by the
318 department according to Subsection 4-2-103(2).
319 Section 3. Section 4-32-108 is amended to read:
320 4-32-108. Duties of person who holds a farm custom slaughter license.
321 Each person who holds a farm custom slaughter license shall:
322 (1) keep accurate records of each animal or a nonamenable species slaughtered,
324 (a) the name, address, and telephone number of each person for whom the animal or a
325 nonamenable species is slaughtered;
326 (b) a full description of each animal or a nonamenable species slaughtered including
327 age, brands, marks, or other identifying marks, proof of ownership, and the destination of the
328 carcass for processing; and
329 (c) the date of slaughter;
330 (2) require that each animal presented for slaughter bear a farm custom slaughter NOT
331 FOR SALE tag;
332 (3) render the animal to be slaughtered insensible to pain by captive bolt, gunshot,
333 electric shock, or other humane means before it is shackled, hoisted, thrown, cast, or cut; and
334 (4) stamp and tag the carcass of any slaughtered animal "Not For Sale."
335 Section 4. Section 4-32a-101 is enacted to read:
338 4-32a-101. Title.
339 This chapter is known as "Domesticated Game Slaughter and Processing."
340 Section 5. Section 4-32a-102 is enacted to read:
341 4-32a-102. Definitions.
343 Section 6. Section 4-32a-201 is enacted to read:
345 4-32a-201. Definitions.
346 As used in this part:
347 (1) "Antemortem inspection" means the inspection of live domesticated game
348 immediately before slaughter.
349 (2) "Domesticated game" means one of the following that is commercially raised for
350 wholesale or retail sale to a restaurant, store, or end consumer:
351 (a) a domesticated elk;
352 (b) a bison;
353 (c) a game bird; or
354 (d) a rabbit.
355 (3) "Domesticated game carcass" means any part of the slaughtered body of
356 domesticated game, including entrails and edible meats.
357 (4) "Domesticated game slaughter" means the slaughter of domesticated game that is
358 not regulated under Chapter 32, Utah Meat and Poultry Products Inspection and Licensing Act.
359 (5) "End consumer" means an individual who:
360 (a) purchases a product directly from an agricultural operation or a facility licensed to
361 perform custom exempt processing, as defined in Section 4-32-105; and
362 (b) does not resell the purchased product.
363 (6) "Farm custom slaughter license" means a farm custom slaughter license issued
364 under Section 4-32-107.
365 (7) "Postmortem inspection" means the inspection of a domesticated game carcass after
367 (8) "Process" means to cut, grind, manufacture, compound, smoke, intermix, or prepare
368 products from a domesticated game carcass.
369 (9) "Slaughter" means killing domesticated game in a humane manner, including
370 skinning or dressing.
371 (10) "Veterinarian" means a veterinarian licensed under Title 58, Chapter 28,
372 Veterinary Practice Act, who has successfully completed formal training in antemortem
373 inspection and postmortem inspection.
374 (11) "Veterinarian designee" means an individual designated by a veterinarian as
375 successfully completing formal training in antemortem inspection and postmortem inspection.
376 Section 7. Section 4-32a-202 is enacted to read:
377 4-32a-202. Domesticated game slaughter and processing.
378 (1) Except as provided in this part, the Federal Meat Inspection Act, 21 U.S.C. Sec.
379 601 et seq., or the Poultry Products Inspection Act, 21 U.S.C. Sec. 451 et seq., a person may
380 not slaughter domesticated game for:
381 (a) wholesale or retail sale; or
382 (b) sale to an end consumer.
383 (2) In accordance with this part and department rule, the department shall permit the
384 slaughter and processing of domesticated game.
385 (3) This chapter does not apply to the slaughter of domesticated game if the purpose of
386 slaughtering the domesticated game is for personal use.
387 (4) Nothing in this part prohibits a person from processing a domesticated game
388 carcass in accordance with this part, if:
389 (a) the domesticated game carcass passes postmortem inspection as described in this
390 part; and
391 (b) (i) the person holds a farm custom slaughter license; or
392 (ii) the person processes the domesticated game carcass in accordance with the
393 exemption described in 9 C.F.R. Secs. 303.1(d)(1) and (2).
394 (5) A person who slaughters domesticated game under this part may not sell the
395 domesticated game outside of the state.
396 Section 8. Section 4-32a-203 is enacted to read:
397 4-32a-203. Notice to department before slaughtering or processing domesticated
399 (1) Before slaughtering domesticated game, a person shall notify the department at
400 least 30 days before the day on which the person slaughters the domesticated game.
401 (2) Before processing slaughtered domesticated game, a person shall notify the
402 department at least five days before the day on which the person processes the slaughtered
403 domesticated game.
404 Section 9. Section 4-32a-204 is enacted to read:
405 4-32a-204. Inspection and slaughter of domesticated game.
406 (1) Except as provided in Section 4-32a-205, domesticated game shall receive both an
407 antemortem inspection and postmortem inspection by a veterinarian or veterinarian designee as
408 part of the slaughtering process, in accordance with this section.
409 (2) A veterinarian or veterinarian designee may complete an antemortem inspection or
410 postmortem inspection in the field, in accordance with the requirements of this part.
411 (3) (a) Before undertaking an antemortem inspection or postmortem inspection, a
412 veterinarian or veterinarian designee shall inspect the designated slaughter area and facilities in
413 accordance with this part and department rule.
414 (b) A veterinarian or veterinarian designee may not undertake an antemortem or
415 postmortem inspection if the designated slaughter area and facilities do not pass the inspection
416 described in Subsection (3)(a).
417 (4) If domesticated game requires an antemortem inspection and the domesticated
418 game does not pass the antemortem inspection, the domesticated game may not be slaughtered
419 for wholesale or retail sale.
420 (5) (a) Before being shackled, hoisted, thrown, cast, or cut, domesticated game shall be
421 rendered insensible to pain by a single blow, gunshot, electrical shock, or other means that is
422 instantaneous and effective.
423 (b) Immediately after domesticated game is stunned or killed, the domesticated game
424 or domesticated game carcass shall be shackled, hoisted, stuck, and bled.
425 (c) The parts of a domesticated game carcass shall be identified with the particular
426 carcass until after completion of the postmortem inspection, in accordance with department
428 (6) (a) Postmortem inspection of a domesticated game carcass shall be conducted
429 immediately following the slaughter and evisceration of the domesticated game.
430 (b) A veterinarian or veterinarian designee that completes a postmortem inspection
431 shall, if condemning a domesticated game carcass:
432 (i) mark each domesticated game carcass or part of a domesticated game carcass as
433 condemned in accordance with department rule; and
434 (ii) retain custody of each condemned domesticated game carcass or carcass part until
435 proper disposal occurs, in accordance with 9 C.F.R. Part 314 and department rule.
436 Section 10. Section 4-32a-205 is enacted to read:
437 4-32a-205. Requirements for slaughtered domesticated game intended for sale to
438 an end consumer.
439 (1) Domesticated game intended for sale to an end consumer does not require an
440 antemortem inspection.
441 (2) Domesticated game intended for sale to an end consumer shall:
442 (a) receive a postmortem inspection; or
443 (b) in accordance with department rule, prior to sale, be labeled that the purchased
444 product is not certified, licensed, regulated, or inspected by the state.
445 Section 11. Section 4-32a-206 is enacted to read:
446 4-32a-206. Transportation of slaughtered domesticated game.
447 (1) Prior to transport, stunned or slaughtered domesticated game shall be tagged as
448 described in department rule.
449 (2) A domesticated game carcass intended for processing shall be transported in
450 accordance with department rule.
451 Section 12. Section 4-32a-207 is enacted to read:
452 4-32a-207. Fees set by department -- Cost of chronic wasting disease testing.
453 (1) The department shall adopt a schedule of fees to cover the cost of this part.
454 (2) The owner of domesticated game slaughtered under this part is responsible for the
455 cost of required chronic wasting disease testing.
456 Section 13. Section 4-32a-208 is enacted to read:
457 4-32a-208. Rulemaking.
458 (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
459 this part, the department shall make rules regarding:
460 (a) antemortem inspection, in accordance with 9 C.F.R. Sec. 352.10;
461 (b) postmortem inspection of the domesticated game carcass to ensure the
462 domesticated game carcass is clean and wholesome, including inspection of the kidneys and
463 abdominal and thoracic viscera;
464 (c) slaughter area and facilities requirements;
465 (d) personal cleanliness of individuals involved in domesticated game slaughter;
466 (e) skinning, hoisting, bleeding, and evisceration of domesticated game animals;
467 (f) chronic wasting disease testing requirements, surveillance, investigation, and
468 follow-up, in accordance with department rule;
469 (g) tags and tagging procedure to maintain carcass identification;
470 (h) procedure for transportation of a domesticated game carcass; and
471 (i) packaging and labeling of domesticated game products.
472 (2) The department may make rules, in accordance with Title 63G, Chapter 3, Utah
473 Administrative Rulemaking Act, regarding labeling a domesticated game carcass as
475 (a) with inspection and processed at a farm custom slaughter facility; or
476 (b) with inspection and the domesticated game carcass released to a licensed food
477 establishment for processing and sale to a consumer.
478 (3) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah
479 Administrative Rulemaking Act, that allow:
480 (a) a person with a farm custom slaughter license to slaughter and process
481 domesticated game in accordance with this part; and
482 (b) a facility licensed to perform custom exempt processing, as defined in Section
483 4-32-105, to process slaughtered domesticated game in accordance with this part.