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,
17 • required inspections;
18 • notice of slaughter and processing to the Department of Agriculture and Food;
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:
26 Other Special Clauses:
28 Utah Code Sections Affected:
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
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
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.
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
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
89 preparing animal food derived from animal carcasses or parts or products of the carcasses.
91 animal immediately before slaughter.
93 meat or poultry products other than for the person's own account.
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.
98 out the provisions of this chapter.
100 receptacle, wrapper, or cover.
102 amenable species, or nonamenable species as a service for the person who owns the meat [
103 wild game [
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.
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.
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.
128 is used by a farm custom slaughter licensee to slaughter animals.
130 amenable species, or nonamenable species for an owner without official inspection.
132 to allow farm custom slaughter.
134 department to the owner of the facility before the animal is slaughtered that specifies the
135 animal's identification and certifies its ownership.
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.[
142 June 25, 1938 (52 Stat. 1040) (21 U.S.C. 301 et seq.), and any amendments to the act.
144 container, in which meat or poultry products not consumer packaged are packed.
146 (a) humane handling;
147 (b) [
148 (c) processing inspection; and
149 (d) regulatory requirements.
151 poultry product or the immediate container, not including package liners, of any such product.
153 (a) upon any meat or poultry product or any of its containers or wrappers; or
154 (b) accompanying a meat or poultry product.
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.
165 (a) slaughter animals for human consumption; or
166 (b) process meat or poultry products for human consumption.
168 made wholly or in part from any meat or other part of the carcass of any non-avian animal.
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 [
179 poultry products not in containers may be established by rules of the department and that under
180 this Subsection [
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
195 (i) is a food for which no standard or definition of identity has been prescribed under
196 Subsection [
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 [
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
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
225 department for issuance by an inspector or other person performing official functions under this
228 commissioner for use in applying an official mark.
230 slaughter of animals or the preparation of meat or poultry products is maintained under the
231 authority of this chapter.
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
241 department showing that a meat or poultry product was inspected and passed in accordance
242 with this chapter.
244 rules of the department to identify the status of an animal carcass or meat or poultry product
245 under this chapter.
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.
250 animal's carcass after slaughter.
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.
258 up, or otherwise manufactured or processed.
260 prepare meat or poultry products.
262 carcasses, or parts or products of animal carcasses, except rendering conducted under
263 inspection or exemption under this chapter.
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.
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
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,
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:
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.
341 Section 6. Section 4-32a-201 is enacted to read:
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
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
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
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
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.