Senator Ronald Winterton proposes the following substitute bill:


1     
DOMESTICATED GAME SLAUGHTER

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Marc K. Roberts

5     
Senate Sponsor: Ronald Winterton

6     

7     LONG TITLE
8     General Description:
9          This bill provides for the slaughter and processing of domesticated game.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     amends existing provisions and enacts provisions to allow certain slaughter of
14     domesticated game by a person who holds a certain license;
15          ▸     enacts provisions to provide for the slaughter and processing of domesticated game,
16     including:
17               •     required inspections;
18               •     notice of slaughter and processing to the Department of Agriculture and Food;
19     and
20               •     transportation of slaughtered domesticated game;
21          ▸     gives rulemaking authority to the Department of Agriculture and Food relating to
22     the slaughter and processing of domesticated game; and
23          ▸     makes technical and conforming changes.
24     Money Appropriated in this Bill:
25          None
26     Other Special Clauses:
27          None
28     Utah Code Sections Affected:
29     AMENDS:
30          4-32-105, as renumbered and amended by Laws of Utah 2017, Chapter 345
31          4-32-107, as renumbered and amended by Laws of Utah 2017, Chapter 345
32          4-32-108, as renumbered and amended by Laws of Utah 2017, Chapter 345
33     ENACTS:
34          4-32a-101, Utah Code Annotated 1953
35          4-32a-102, Utah Code Annotated 1953
36          4-32a-201, Utah Code Annotated 1953
37          4-32a-202, Utah Code Annotated 1953
38          4-32a-203, Utah Code Annotated 1953
39          4-32a-204, Utah Code Annotated 1953
40          4-32a-205, Utah Code Annotated 1953
41          4-32a-206, Utah Code Annotated 1953
42          4-32a-207, Utah Code Annotated 1953
43          4-32a-208, Utah Code Annotated 1953
44     

45     Be it enacted by the Legislature of the state of Utah:
46          Section 1. Section 4-32-105 is amended to read:
47          4-32-105. Definitions.
48          As used in this chapter:
49          (1) "Adulterated" means any meat or poultry product that:
50          (a) bears or contains any poisonous or deleterious substance that may render it
51     injurious to health, but, if the substance is not an added substance, the meat or poultry product
52     is not considered adulterated under this subsection if the quantity of the substance in or on the
53     meat or poultry product does not ordinarily render it injurious to health;
54          (b) bears or contains, by reason of the administration of any substance to the animal or
55     otherwise, any added poisonous or added deleterious substance that in the judgment of the
56     commissioner makes the meat or poultry product unfit for human food;
57          (c) contains, in whole or in part, a raw agricultural commodity and that commodity
58     bears or contains a pesticide chemical that is unsafe within the meaning of 21 U.S.C. Sec.
59     346a;
60          (d) bears or contains any food additive that is unsafe within the meaning of 21 U.S.C.
61     Sec. 348;
62          (e) bears or contains any color additive that is unsafe within the meaning of 21 U.S.C.
63     Sec. 379e, provided that a meat or poultry product that is not otherwise considered adulterated
64     under Subsection (1)(c) or (d) is considered adulterated if use of the pesticide chemical, food
65     additive, or color additive is prohibited in official establishments by federal law, regulation, or
66     standard;
67          (f) consists, in whole or in part, of any filthy, putrid, or decomposed substance or is for
68     any other reason unsound, unhealthful, unwholesome, or otherwise unfit for human food;
69          (g) has been prepared, packaged, or held under unsanitary conditions if the meat or
70     poultry product may have become contaminated with filth, or if it may have been rendered
71     injurious to health;
72          (h) is in whole or in part the product of an animal that died other than by slaughter;
73          (i) is contained in a container that is composed, in whole or in part, of any poisonous or
74     deleterious substance that may render the meat or poultry product injurious to health;
75          (j) has been intentionally subjected to radiation, unless the use of the radiation
76     conforms with a regulation or exemption in effect pursuant to 21 U.S.C. Sec. 348;
77          (k) has a valuable constituent in whole or in part omitted, abstracted, or substituted; or
78     if damage or inferiority is concealed in any manner; or if any substance has been added, mixed,
79     or packed with the meat or poultry product to increase its bulk or weight, reduce its quality or
80     strength, or make it appear better or of greater value; or
81          (l) is margarine containing animal fat and any of the raw material used in the margarine
82     consists in whole or in part of any filthy, putrid, or decomposed substance.
83          (2) "Amenable species" means:
84          (a) livestock, including cattle, sheep, goats, swine, or equine; or
85          (b) poultry, including a domesticated chicken, turkey, duck, goose, guinea, ratite, or
86     squab.
87          [(2)] (3) "Animal" means a domesticated or captive mammalian or avian species.
88          [(3)] (4) "Animal food manufacturer" means any person engaged in the business of
89     preparing animal food derived from animal carcasses or parts or products of the carcasses.
90          [(4)] (5) ["Ante mortem] "Antemortem inspection" means an inspection of a live
91     animal immediately before slaughter.
92          [(5)] (6) "Broker" means any person engaged in the business of buying and selling
93     meat or poultry products other than for the person's own account.
94          [(6)] (7) "Capable of use as human food" means any animal carcass, or part or product
95     of a carcass, unless it is denatured or otherwise identified as required by rules of the department
96     to deter the carcass or product's use as human food.
97          [(7)] (8) "Commissioner" includes a person authorized by the commissioner to carry
98     out the provisions of this chapter.
99          [(8)] (9) "Container" or "package" means any box, can, tin, cloth, plastic, or other
100     receptacle, wrapper, or cover.
101          [(9)] (10) "Custom exempt processing" means processing meat [or], wild game,
102     amenable species, or nonamenable species as a service for the person who owns the meat [or],
103     wild game [and uses the meat and meat food products for the person's own consumption,
104     including consumption by immediate family members and non-paying guests.], amenable
105     species, or nonamenable species, if the person:
106          (a) uses the meat, meat food products, slaughtered amenable species, wild game, or
107     slaughtered nonamenable species for the person's own consumption, including consumption by
108     immediate family members and nonpaying guests; or
109          (b) offers the slaughtered nonamenable species for wholesale or retail sale.
110          [(10)] (11) (a) "Custom exempt slaughter" means:
111          [(a) means slaughtering an animal as a service for the person who owns the animal and
112     uses the meat and meat products for the person's own consumption, including consumption by
113     immediate family members and non-paying guests; and]
114          [(b) includes farm custom slaughter.]
115          (i) slaughtering an amenable species or nonamenable species as a service for the person
116     who owns the amenable species or nonamenable species and uses the slaughtered amenable
117     species or slaughtered nonamenable species for the person's own consumption, including
118     consumption by immediate family members and nonpaying guests; or
119          (ii) the slaughter of a nonamenable species intended for wholesale or retail sale.
120          (b) "Custom exempt slaughter" includes farm custom slaughter.
121          [(11)] (12) "Diseased animal":
122          (a) means an animal that:
123          (i) is diagnosed with a disease not known to be cured; or
124          (ii) has exhibited signs or symptoms of a disease that is not known to be cured; and
125          (b) does not include an otherwise healthy animal that suffers only from injuries such as
126     fractures, cuts, or bruises.
127          [(12)] (13) "Farm custom mobile unit" means a portable slaughter vehicle or trailer that
128     is used by a farm custom slaughter licensee to slaughter animals.
129          [(13)] (14) "Farm custom slaughter" means custom exempt slaughtering of an animal,
130     amenable species, or nonamenable species for an owner without official inspection.
131          [(14)] (15) "Farm custom slaughter license" means a license issued by the department
132     to allow farm custom slaughter.
133          [(15)] (16) "Farm custom slaughter NOT FOR SALE tag" means a tag issued by the
134     department to the owner of the facility before the animal is slaughtered that specifies the
135     animal's identification and certifies its ownership.
136          [(16)] (17) "Federal acts" means:
137          (a) the Federal Meat Inspection Act, 21 U.S.C. Sec. 601 et seq.;
138          (b) the Federal Poultry Products Inspection Act, 21 U.S.C. Sec. 451 et seq.; and
139          (c) the Humane Slaughter Act, 7 U.S.C. 1901 et seq.[; and].
140          [(d) the Egg Product Inspection Act, 21 U.S.C. 1031 et seq.]
141          [(17)] (18) "Federal Food, Drug and Cosmetic Act" means the act so entitled, approved
142     June 25, 1938 (52 Stat. 1040) (21 U.S.C. 301 et seq.), and any amendments to the act.
143          [(18)] (19) "Immediate container" means any consumer package, or any other
144     container, in which meat or poultry products not consumer packaged are packed.
145          [(19)] (20) "Inspector" means a department employee who is trained in:
146          (a) humane handling;
147          (b) [ante-mortem and post-mortem] antemortem and postmortem inspection;
148          (c) processing inspection; and
149          (d) regulatory requirements.
150          [(20)] (21) "Label" means a display of printed or graphic matter upon any meat or
151     poultry product or the immediate container, not including package liners, of any such product.
152          [(21)] (22) "Labeling" means all labels and other printed or graphic matter:
153          (a) upon any meat or poultry product or any of its containers or wrappers; or
154          (b) accompanying a meat or poultry product.
155          [(22)] (23) "Licensee" means a person who holds a valid farm custom slaughter
156     license.
157          [(23)] (24) "Meat" means the edible muscle, and other edible parts, of an animal,
158     including edible:
159          (a) skeletal muscle;
160          (b) organs;
161          (c) muscle found in the tongue, diaphragm, heart, or esophagus; and
162          (d) fat, bone, skin, sinew, nerve, or blood vessel that normally accompanies meat and is
163     not ordinarily removed in processing.
164          [(24)] (25) "Meat establishment" means a plant or fixed premises used to:
165          (a) slaughter animals for human consumption; or
166          (b) process meat or poultry products for human consumption.
167          [(25)] (26) "Meat product" means any product capable of use as human food that is
168     made wholly or in part from any meat or other part of the carcass of any non-avian animal.
169          [(26)] (27) "Misbranded" means any meat or poultry product that:
170          (a) bears a label that is false or misleading in any particular;
171          (b) is offered for sale under the name of another food;
172          (c) is an imitation of another food, unless the label bears, in type of uniform size and
173     prominence, the word "imitation" followed by the name of the food imitated;
174          (d) if it has a container, the container is made, formed, or filled as to be misleading;
175          (e) does not bear a label showing:
176          (i) the name and place of business of the manufacturer, packer, or distributor; and
177          (ii) an accurate statement of the quantity of the product in terms of weight, measure, or
178     numerical count, provided that under this Subsection [(26)] (27)(e), exemptions as to meat and
179     poultry products not in containers may be established by rules of the department and that under
180     this Subsection [(26)] (27)(e)(ii), reasonable variations may be permitted, and exemptions for
181     small packages may be established for meat or poultry products by rule of the department;
182          (f) does not bear any word, statement, or other information required by or under
183     authority of this chapter to appear on the label or other labeling that is not prominently placed
184     with such conspicuousness, as compared with other words, statements, designs, or devices, in
185     the labeling, and in such terms as to render it likely to be read and understood by the ordinary
186     individual under customary conditions of purchase and use;
187          (g) is a food for which a definition and standard of identity or composition has been
188     prescribed by rules of the department under Section 4-32-109 if the food does not conform to
189     the definition and standard and the label does not bear the name of the food and any other
190     information that is required by the rule;
191          (h) is a food for which a standard of fill has been prescribed by rule of the department
192     for the container and the actual fill of the container falls below that prescribed unless the food's
193     label bears, in a manner and form as the rule specifies, a statement that the food falls below the
194     standard;
195          (i) is a food for which no standard or definition of identity has been prescribed under
196     Subsection [(26)] (27)(g) unless the label bears:
197          (i) the common or usual name of the food, if there be any; and
198          (ii) if the food is fabricated from two or more ingredients, the common or usual name
199     of each such ingredient, except that spices, flavorings, and colorings may, when authorized by
200     the department, be designated as spices, flavorings, and colorings without naming each,
201     provided that to the extent that compliance with the requirements of this Subsection [(26)]
202     (27)(i)(ii) is impracticable, or results in deception or unfair competition, exemptions shall be
203     established by rule;
204          (j) is a food that purports to be or is represented to be for special dietary uses, unless
205     the label bears information concerning the food's vitamin, mineral, and other dietary properties
206     as the department, after consultation with the Secretary of Agriculture of the United States,
207     prescribes by rules as necessary to inform purchasers as to the food's value for special dietary
208     uses;
209          (k) bears or contains any artificial flavoring, artificial coloring, or chemical
210     preservative, unless the food bears labeling stating that fact, provided that to the extent that
211     compliance with the requirements of this subsection are impracticable, exemptions shall be
212     prescribed by rules of the department; or
213          (l) does not bear directly thereon and on the food's containers, as the department may
214     prescribe by rule, the official inspection legend and establishment number of the official
215     establishment where the product was prepared, and, unrestricted by any of the foregoing, other
216     information as the department may require by rule to assure that the meat or poultry product
217     will not have false or misleading labeling and that the public will be informed of the manner of
218     handling required to maintain the meat or poultry product in a wholesome condition.
219          (28) (a) "Nonamenable species" means a member of a species that is:
220          (i) not included in the definition of amenable species; and
221          (ii) domestically raised.
222          (b) "Nonamenable species" includes domesticated game, as defined in Section
223     4-32a-201.
224          [(27)] (29) "Official certificate" means any certificate prescribed by rules of the
225     department for issuance by an inspector or other person performing official functions under this
226     chapter.
227          [(28)] (30) "Official device" means a device prescribed or authorized by the
228     commissioner for use in applying an official mark.
229          [(29)] (31) "Official establishment" means an establishment at which inspection of the
230     slaughter of animals or the preparation of meat or poultry products is maintained under the
231     authority of this chapter.
232          [(30) "Official inspection" means where domestic animals are slaughtered or
233     preparations for slaughter are carried out under grant of inspection that is issued by the
234     department.]
235          (32) (a) "Official inspection" means mandatory inspection, carried out under grant of
236     inspection issued by the department, of a slaughtered animal or preparation for slaughtering an
237     animal, if the animal is intended for human consumption.
238          (b) "Official inspection" does not apply to custom exempt processing or farm custom
239     slaughter.
240          [(31)] (33) "Official inspection legend" means a symbol prescribed by rules of the
241     department showing that a meat or poultry product was inspected and passed in accordance
242     with this chapter.
243          [(32)] (34) "Official mark" means the official legend or other symbol prescribed by
244     rules of the department to identify the status of an animal carcass or meat or poultry product
245     under this chapter.
246          [(33)] (35) "Pesticide chemical," "food additive," "color additive," and "raw
247     agricultural commodity," have the same meanings for purposes of this chapter as ascribed to
248     them in the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. Sec. 301 et seq.
249          [(34)] (36) " Postmortem inspection" means an inspection of a slaughtered food
250     animal's carcass after slaughter.
251          [(35)] (37) "Poultry" means any domesticated bird, whether living or dead.
252          [(36)] (38) "Poultry product" means any product capable of use as human food that is
253     made wholly or in part from any poultry carcass, excepting products that contain poultry
254     ingredients in relatively small proportion or that historically have not been considered by
255     consumers as products of the poultry food industry, and that are exempted from definition as a
256     poultry product by the commissioner.
257          [(37)] (39) "Prepared" means slaughtered, canned, salted, stuffed, rendered, boned, cut
258     up, or otherwise manufactured or processed.
259          [(38)] (40) "Process" means to cut, grind, manufacture, compound, smoke, intermix, or
260     prepare meat or poultry products.
261          [(39)] (41) "Renderer" means any person engaged in the business of rendering animal
262     carcasses, or parts or products of animal carcasses, except rendering conducted under
263     inspection or exemption under this chapter.
264          [(40)] (42) "Slaughter" means:
265          (a) the killing of an animal, amenable species, or nonamenable species in a humane
266     manner including skinning or dressing; or
267          (b) the process of performing any of the specified acts in preparing an animal,
268     amenable species, or nonamenable species for human consumption.
269          [(41) "Wild game" means an animal, the products of which are food that is not
270     classified as a domesticated food animal, captive game animal, or captive game bird, including
271     the following when not domesticated:]
272          [(a) deer;]
273          [(b) elk;]
274          [(c) antelope;]
275          [(d) moose;]
276          [(e) bison;]
277          [(f) bear;]
278          [(g) rabbit;]
279          [(h) squirrel;]
280          [(i) raccoon; and]
281          [(j) birds.]
282          (43) "Wild game" means a species, the products of which are food, that is not classified
283     as an amenable species or nonamenable species, including:
284          (a) a deer;
285          (b) an elk;
286          (c) an antelope;
287          (d) a moose;
288          (e) a bison;
289          (f) a rabbit; and
290          (g) a bird.
291          Section 2. Section 4-32-107 is amended to read:
292          4-32-107. Meat establishment and farm custom slaughter licenses -- Application
293     -- Fees -- Expiration -- Renewal.
294          (1) A person may not operate a meat establishment in the state without a meat
295     establishment license issued by the department.
296          (2) (a) Application for a license to operate a meat establishment shall be made to the
297     department upon a form prescribed and furnished by the department.
298          (b) Upon receipt of a proper application, compliance with all applicable rules, and the
299     payment of an annual license fee determined by the department according to Subsection
300     4-2-103(2), the commissioner, if satisfied that the public convenience and necessity will be
301     served, shall issue a license allowing the applicant to operate a meat establishment through
302     December 31 of the year in which the license is issued, subject to suspension or revocation for
303     cause.
304          (c) A meat establishment license is annually renewable on or before December 31 of
305     each year, upon the payment of an annual license renewal fee in an amount determined by the
306     department according to Subsection 4-2-103(2).
307          (3) (a) Application for a farm custom slaughter license to engage in the business of
308     slaughtering livestock or a nonamenable species shall be made to the department on a form
309     prescribed and furnished by the department.
310          (b) Upon receipt of a proper application, compliance with all applicable rules, and
311     payment of a license fee in an amount determined by the department according to Subsection
312     4-2-103(2), the commissioner shall issue a license allowing the applicant to engage in farm
313     custom slaughtering.
314          (c) A farm custom slaughter license is annually renewable on or before December 31 of
315     each year, upon the payment of an annual renewal license fee in an amount determined by the
316     department according to Subsection 4-2-103(2).
317          Section 3. Section 4-32-108 is amended to read:
318          4-32-108. Duties of person who holds a farm custom slaughter license.
319          Each person who holds a farm custom slaughter license shall:
320          (1) keep accurate records of each animal or a nonamenable species slaughtered,
321     including:
322          (a) the name, address, and telephone number of each person for whom the animal or a
323     nonamenable species is slaughtered;
324          (b) a full description of each animal or a nonamenable species slaughtered including
325     age, brands, marks, or other identifying marks, proof of ownership, and the destination of the
326     carcass for processing; and
327          (c) the date of slaughter;
328          (2) require that each animal presented for slaughter bear a farm custom slaughter NOT
329     FOR SALE tag;
330          (3) render the animal to be slaughtered insensible to pain by captive bolt, gunshot,
331     electric shock, or other humane means before it is shackled, hoisted, thrown, cast, or cut; and
332          (4) stamp and tag the carcass of any slaughtered animal "Not For Sale."
333          Section 4. Section 4-32a-101 is enacted to read:
334     
CHAPTER 32a. DOMESTICATED GAME SLAUGHTER AND PROCESSING

335     
Part 1. General Provisions

336          4-32a-101. Title.
337          This chapter is known as "Domesticated Game Slaughter and Processing."
338          Section 5. Section 4-32a-102 is enacted to read:
339          4-32a-102. Definitions.
340          Reserved
341          Section 6. Section 4-32a-201 is enacted to read:
342     
Part 2. Domesticated Game Slaughter and Processing

343          4-32a-201. Definitions.
344          As used in this part:
345          (1) "Antemortem inspection" means the inspection of live domesticated game
346     immediately before slaughter.
347          (2) "Domesticated game" means one of the following that is commercially raised for
348     wholesale or retail sale to a restaurant, store, or end consumer:
349          (a) a domesticated elk;
350          (b) a bison;
351          (c) a game bird; or
352          (d) a rabbit.
353          (3) "Domesticated game carcass" means any part of the slaughtered body of
354     domesticated game, including entrails and edible meats.
355          (4) "Domesticated game slaughter" means the slaughter of domesticated game that is
356     not regulated under Chapter 32, Utah Meat and Poultry Products Inspection and Licensing Act.
357          (5) "End consumer" means an individual who:
358          (a) purchases a product directly from an agricultural operation or a facility licensed to
359     perform custom exempt processing, as defined in Section 4-32-105; and
360          (b) does not resell the purchased product.
361          (6) "Farm custom slaughter license" means a farm custom slaughter license issued
362     under Section 4-32-107.
363          (7) "Postmortem inspection" means the inspection of a domesticated game carcass after
364     slaughter.
365          (8) "Process" means to cut, grind, manufacture, compound, smoke, intermix, or prepare
366     products from a domesticated game carcass.
367          (9) "Slaughter" means killing domesticated game in a humane manner, including
368     skinning or dressing.
369          (10) "Veterinarian" means a veterinarian licensed under Title 58, Chapter 28,
370     Veterinary Practice Act, who has successfully completed formal training in antemortem
371     inspection and postmortem inspection.
372          (11) "Veterinarian designee" means an individual designated by a veterinarian as
373     successfully completing formal training in antemortem inspection and postmortem inspection.
374          Section 7. Section 4-32a-202 is enacted to read:
375          4-32a-202. Domesticated game slaughter and processing.
376          (1) Except as provided in this part, the Federal Meat Inspection Act, 21 U.S.C. Sec.
377     601 et seq., or the Poultry Products Inspection Act, 21 U.S.C. Sec. 451 et seq., a person may
378     not slaughter domesticated game for:
379          (a) wholesale or retail sale; or
380          (b) sale to an end consumer.
381          (2) In accordance with this part and department rule, the department shall permit the
382     slaughter and processing of domesticated game.
383          (3) This chapter does not apply to the slaughter of domesticated game if the purpose of
384     slaughtering the domesticated game is for personal use.
385          (4) Nothing in this part prohibits a person from processing a domesticated game
386     carcass in accordance with this part, if:
387          (a) the domesticated game carcass passes postmortem inspection as described in this
388     part; and
389          (b) (i) the person holds a farm custom slaughter license; or
390          (ii) the person processes the domesticated game carcass in accordance with the
391     exemption described in 9 C.F.R. Secs. 303.1(d)(1) and (2).
392          (5) A person who slaughters domesticated game under this part may not sell the
393     domesticated game outside of the state.
394          Section 8. Section 4-32a-203 is enacted to read:
395          4-32a-203. Notice to department before slaughtering or processing domesticated
396     game.
397          (1) Before slaughtering domesticated game, a person shall notify the department at
398     least 30 days before the day on which the person slaughters the domesticated game.
399          (2) Before processing slaughtered domesticated game, a person shall notify the
400     department at least 5 days before the day on which the person processes the slaughtered
401     domesticated game.
402          Section 9. Section 4-32a-204 is enacted to read:
403          4-32a-204. Inspection and slaughter of domesticated game.
404          (1) Except as provided in Section 4-32a-205, domesticated game shall receive both an
405     antemortem inspection and postmortem inspection by a veterinarian or veterinarian designee as
406     part of the slaughtering process, in accordance with this section.
407          (2) A veterinarian or veterinarian designee may complete an antemortem inspection or
408     postmortem inspection in the field, in accordance with the requirements of this part.
409          (3) (a) Before undertaking an antemortem inspection or postmortem inspection, a
410     veterinarian or veterinarian designee shall inspect the designated slaughter area and facilities in
411     accordance with this part and department rule.
412          (b) A veterinarian or veterinarian designee may not undertake an antemortem or
413     postmortem inspection if the designated slaughter area and facilities do not pass the inspection
414     described in Subsection (3)(a).
415          (4) If domesticated game requires an antemortem inspection and the domesticated
416     game does not pass the antemortem inspection, the domesticated game may not be slaughtered
417     for wholesale or retail sale.
418          (5) (a) Before being shackled, hoisted, thrown, cast, or cut, domesticated game shall be
419     rendered insensible to pain by a single blow, gunshot, electrical shock, or other means that is
420     instantaneous and effective.
421          (b) Immediately after domesticated game is stunned or killed, the domesticated game
422     or domesticated game carcass shall be shackled, hoisted, stuck, and bled.
423          (c) The parts of a domesticated game carcass shall be identified with the particular
424     carcass until after completion of the postmortem inspection, in accordance with department
425     rule.
426          (6) (a) Postmortem inspection of a domesticated game carcass shall be conducted
427     immediately following the slaughter and evisceration of the domesticated game.
428          (b) A veterinarian or veterinarian designee that completes a postmortem inspection
429     shall, if condemning a domesticated game carcass:
430          (i) mark each domesticated game carcass or part of a domesticated game carcass as
431     condemned in accordance with department rule; and
432          (ii) retain custody of each condemned domesticated game carcass or carcass part until
433     proper disposal occurs, in accordance with 9 C.F.R. Part 314 and department rule.
434          Section 10. Section 4-32a-205 is enacted to read:
435          4-32a-205. Requirements for slaughtered domesticated game intended for sale to
436     an end consumer.
437          (1) Domesticated game intended for sale to an end consumer does not require an
438     antemortem inspection.
439          (2) Domesticated game intended for sale to an end consumer shall:
440          (a) receive a postmortem inspection; or
441          (b) in accordance with department rule, prior to sale, be labeled that the purchased
442     product is not certified, licensed, regulated, or inspected by the state.
443          Section 11. Section 4-32a-206 is enacted to read:
444          4-32a-206. Transportation of slaughtered domesticated game.
445          (1) Prior to transport, stunned or slaughtered domesticated game shall be tagged as
446     described in department rule.
447          (2) A domesticated game carcass intended for processing shall be transported in
448     accordance with department rule.
449          Section 12. Section 4-32a-207 is enacted to read:
450          4-32a-207. Fees set by department -- Cost of chronic wasting disease testing.
451          (1) The department shall adopt a schedule of fees to cover the cost of this part.
452          (2) The owner of domesticated game slaughtered under this part is responsible for the
453     cost of required chronic wasting disease testing.
454          Section 13. Section 4-32a-208 is enacted to read:
455          4-32a-208. Rulemaking.
456          (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
457     this part, the department shall make rules regarding:
458          (a) antemortem inspection, in accordance with 9 C.F.R. Sec. 352.10;
459          (b) postmortem inspection of the domesticated game carcass to ensure the
460     domesticated game carcass is clean and wholesome, including inspection of the kidneys and
461     abdominal and thoracic viscera;
462          (c) slaughter area and facilities requirements;
463          (d) personal cleanliness of individuals involved in domesticated game slaughter;
464          (e) skinning, hoisting, bleeding, and evisceration of domesticated game animals;
465          (f) chronic wasting disease testing requirements, surveillance, investigation, and
466     follow-up, in accordance with department rule;
467          (g) tags and tagging procedure to maintain carcass identification;
468          (h) procedure for transportation of a domesticated game carcass; and
469          (i) packaging and labeling of domesticated game products.
470          (2) The department may make rules, in accordance with Title 63G, Chapter 3, Utah
471     Administrative Rulemaking Act, regarding labeling a domesticated game carcass as
472     slaughtered:
473          (a) with inspection and processed at a farm custom slaughter facility; or
474          (b) with inspection and the domesticated game carcass released to a licensed food
475     establishment for processing and sale to a consumer.
476          (3) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah
477     Administrative Rulemaking Act that allow:
478          (a) a person with a farm custom slaughter license to slaughter and process
479     domesticated game in accordance with this part; and
480          (b) a facility licensed to perform custom exempt processing, as defined in Section
481     4-32-105, to process slaughtered domesticated game in accordance with this part.