Elizabeth Rumley, Senior Staff Attorney
Mary Grace Winfrey, Research Fellow

 

The terms “slaughter” and “processing” describe different, although closely related, livestock activities. Slaughter is the process through which livestock are killed and prepared for use as human food. Processing, on the other hand, is a secondary activity that involves a wide range of activities, including cutting or trimming carcasses, separating large carcasses into smaller portions called primals, and producing individual cuts of meat for sale. Facilities may also grind meat, combine it with other ingredients, or otherwise prepare products for consumers or further processing.

Both slaughter and processing are essential parts of the food supply chain. These activities are governed by a combination of federal and state laws designed to promote the safety and wholesomeness of those products. Legal requirements may vary depending on factors such as the type of activities a facility performs, how its products will be used, and where those products will be sold.

This article is part of the National Agricultural Law Center’s Food Foundations series, which explains complex areas of food law and explores the legal frameworks that shape the nation’s food system.

 

  1. Amenable Species

Not all animals are subject to the same regulatory framework. Only “amenable” species are covered by the requirements of the federal inspection statutes discussed below. Amenable species are those that are typically slaughtered for food. These include cattle, sheep, swine, goats, domestic poultry, ratites- such as ostriches- and squab, or young pigeons.

Rabbits are one example of a non-amenable species. Because they are not usually slaughtered for meat, they are not subject to the requirements described in this article. States are permitted to enact their own requirements for non-amenable species sold within their boundaries, or producers may choose to request voluntary inspection to enable wider interstate markets.

Determining whether a species is amenable is often the first step in identifying which requirements, if any, apply to a given operation.

 

  1. Authorizing Statutes

The processing of livestock is governed on a national level by the Federal Meat Inspection Act (“FMIA”) and implemented through USDA regulations. Similarly, the processing of poultry is governed by the Poultry Products Inspection Act (“PPIA”) and implementing regulations. In each of those laws, the United States Department of Agriculture, specifically the Food Safety and Inspection Service (“FSIS”) is given primary authority for oversight of meat products that will be offered for sale. Further, for plants slaughtering and processing livestock, there are additional requirements under the Humane Slaughter Act.

That authority may be shared with a state agency– in states that choose to apply for it- if the state requirements are “at least equal to” those enforced by FSIS. State inspection programs operate under a cooperative agreement with FSIS, and facilities in states with state inspection can choose between FSIS or state inspection.

The primary difference between the two approaches is that state inspection programs allow for meat processed in these facilities to be sold only within the state- “intrastate”- while FSIS (or federally) inspected facilities can export meat to other states, or “interstate.”  This is based on language in the FMIA that allows for the development of state inspection programs “solely for distribution within such State.”

However, there are certain programs through which a state inspection program may lead to products eligible for interstate sale. Called “Talmadge-Aiken” and the “Cooperative Interstate Shipment Program,” each program has specific requirements that must be met and require the state program to enter into additional agreements with FSIS. These programs will be discussed further below.

 

  1. Inspection Requirements
    • Continuous Inspection

One of the main components of federal oversight is the requirement that the slaughter of livestock and processing of meat products intended for sale be subject to inspection by government inspectors. Specifically, 21 U.S.C. §603 requires the inspection of all living animals before they are permitted into slaughter facilities (ante-mortem inspection), and 21 U.S.C. §604 requires the same for every post-mortem “carcasses and parts thereof.”  Similarly, 21 U.S.C. §455 requires both ante and post-mortem inspection of each bird subject to the PPIA.

These requirements are very different from program used by the Food and Drug Administration, which uses infrequent, periodic, inspections to ensure food safety. (NALC Explainer here). Instead, FSIS continuous inspection requirements mandate that inspectors be present at all times while the plant is in operation. Every animal (and bird) is inspected both before and after slaughter for signs of disease or health problems, and inspectors monitor processing operations and facilities.

Additionally, for livestock, inspectors are responsible for verifying compliance with the HMSA to ensure that animals are “rendered insensible to pain” before slaughter. As for poultry, establishments are required to comply with good commercial practices, which ensure humane handling of the birds.

For USDA-inspected processors that do not slaughter, the FSIS employee visits at least daily to ensure processors follow proper food-safety procedures.

    • Sanitation

Inspected establishments must maintain sanitary conditions and follow procedures designed to prevent contamination and adulteration of meat and poultry products. Establishments must also develop and implement a Hazard Analysis and Critical Control Point (HACCP) plan. HACCP requires establishments to identify potential food safety hazards, determine where those hazards can be minimized, and establish procedures for monitoring and verifying that those controls are effective.

Establishments must also maintain site-specific sanitation standard operating procedures. These written procedures describe sanitation practices conducted before and during operations to prevent contamination and adulteration. Additionally, microbial sampling and testing is done to ensure food safety.

    • Recordkeeping and Enforcement

Establishments must maintain records demonstrating compliance with applicable requirements, including HACCP, sanitation, and humane handling procedures. FSIS may take regulatory action when an establishment violates federal requirements, including requirements concerning adulterated or misbranded products, sanitation, or humane handling and slaughter. Enforcement actions may include suspension of inspection, which can prevent an establishment from operating under federal inspection.

    • State Inspection

As noted above, even when states choose to implement inspection programs of their own, the standards they employ must be “at least equal to” FSIS requirements. However, this does not mean that states must have identical standards to those required in federally inspected plants. Instead, state programs are required to operate in a way that is at least as effective as federal requirements.

    • Imported Products

If a meat or poultry product will be imported into the United States, the slaughter and processing of that product must meet the same requirements that apply to those produced domestically. More specifically, the FMIA makes it clear that imported meat products must meet the same inspection, sanitary, quality, species verification, and residue standards as products produced here. Similar language is included in the PPIA. In other words, meat and poultry products cannot be imported into the United States unless they meet the applicable U.S. requirements for food safety and product quality.

The same principle applies in the other direction: imported food generally cannot be held to higher standards than food produced in the United States. In other words, the standards that apply to imported products are tied to the standards that apply to comparable domestic products. If the requirements for U.S.-produced meat were changed- for example, to allow non-inspected meat to be sold to the public- the corresponding standards would apply to imported meat as well. Imported products cannot be required to meet a stricter standard simply because they were produced outside the United States.

 

  1. Types of Inspection Systems
      • Federal Inspection

The majority of facilities that slaughter livestock or poultry in the United States operate under federal inspection. As of August 2026, there were 6,413 establishments inspected by FSIS. In these plants, inspection is the responsibility of FSIS inspectors who enforce federal requirements. These inspectors are paid and employed by FSIS, not the plant. Slaughter and processing facilities do not pay a fee for standard inspection services, although they may be required to reimburse for holiday or overtime pay.

Products from these plants are marked with a federal stamp of inspection. Federal inspection permits products to enter interstate and international commerce. In other words, a federally inspected establishment may serve customers both within and outside the state where it operates.

    • State Inspection

Federal law allows states to establish their own meat and poultry inspection programs (MPI). To participate, a state must operate a program whose requirements are “at least equal to” the applicable federal inspection requirements and sign a State-Federal Cooperative Inspection Program agreement with FSIS. States may sign these agreements in regards to the slaughter of livestock, poultry, or both. As of September 2025 (the end of FY 2025), 29 states had MPI programs, which oversaw operations at “approximately 1,375 small or very small State-inspected establishments, 2,271 custom-exempt operators, and numerous intrastate commerce firms.”

State inspectors are paid and employed by the individual states. Slaughter and processing facilities do not pay a fee for standard inspection services, but may be required to reimburse for holiday or overtime pay. State funds are used for this program, although FSIS supports MPI programs by reimbursing them up to 50% of the inspection operating costs.

These products are marked with a state stamp of inspection. Products produced under ordinary state inspection may be sold or distributed only within the state in which they were produced.

    • Federal-State Cooperative Inspection Program

Under the Talmadge-Aiken Cooperative Inspection Program, state inspection personnel perform inspection duties in federally inspected establishments. These inspectors must meet the same standards as FSIS inspectors and apply FSIS (federal) requirements.

To participate in the Talmadge-Aiken program, states must enter into an additional cooperative agreement with FSIS. During FY25, FSIS maintained TA agreements with 12 states, who inspected 406 establishments. State funds are used for the program, although FSIS may reimburse states for up to 100% of their costs (in some situations).

Talmadge-Aiken products are marked with a federal stamp of inspection. These products may be sold in interstate commerce.

    • Cooperative Interstate Shipment

The Cooperative Interstate Shipment (CIS) Program provides an additional pathway for certain state inspected establishments to sell products in interstate commerce. CIS is limited to states that have an established MPI program. Eligible states may then choose to sign a supplementary agreement to be part of the CIS program. Participating states receive 60% federal reimbursement for eligible inspection expenses. A federally employed coordinator oversees the state inspectors and their training.

As of August 2026, 10 states are participating. In those states, individual slaughter/processing establishments may then apply for the program. To be considered for CIS, an establishment must be currently state inspected, have 25 or fewer employees (on average), and meet federal facility and food safety standards.

Once approved, state inspectors will be stationed in the plant but will impose requirements that are the “same as” FSIS requirements. Products will receive a federal mark of inspection with “SE” and a state abbreviation.

  1. Exemptions from Inspection

In regard to livestock, federal law provides several exemptions from continuous inspection of the slaughter process. However, products from animals processed under an exemption may not be sold. This restriction comes from 21 U.S.C. § 610, which prohibits the sale or transportation of meat products that must be inspected under the FMIA, unless those products have undergone the inspection process. Because exempt processing does not involve the required inspection, products processed under an exemption cannot be sold.

The personal slaughter exemption applies when an owner personally slaughters and processes livestock or poultry for private use. The owner must personally perform the slaughter and processing. However, the owner does not have to reside at the same location as the animal, which allows someone to purchase and slaughter animals that have been raised by someone else. There is no limit on the number of animals that may be slaughtered under the exemption. The resulting meat products may be used by the owner, members of the owner’s household, household nonpaying guests, and household employees. Products produced under the exemption may not be sold or donated.

The animals themselves must be healthy and fit for human consumption, and the carcass and products may not be prepared, packed, or held under insanitary conditions. Poultry products must also bear the owner’s name, address, and a statement identifying the product as exempt.

Custom-exempt slaughter occurs when a custom-exempt facility slaughters and processes animals for the animal owner’s private use. It may be helpful to think of it in terms of the facility providing a service to the owner rather than producing or selling a product.

In practice, producers may sell portions of an animal (ex: 1/4 steer, 1/2 hog) to several consumers while the animal is still alive. At that point, the consumers become co-owners of that animal. Once the animal is completely sold, the producer acts as an agent to arrange transportation to the slaughter and processing facility. Each individual consumer/owner is then responsible for choosing how the animal should be processed, as well as paying both the producer (for the animal) and the processing facility (for the processing).

After the slaughter and processing, the resulting products are delivered to the owner “exclusively for use in the household of such owner, by him and members of his household and his nonpaying guests and employees.”  Products produced under this exemption may not be sold or donated.

Custom-exempt facilities are not subject to continuous federal inspection or facility requirements applicable to inspected establishments but must operate under sanitary conditions and comply with applicable recordkeeping and other requirements. Livestock products must be marked “Not for Sale” or bear the owner’s name and address and an exempt statement. FSIS or an appropriate state agency may periodically review custom-exempt facilities for compliance.

Personal v. Custom-Exempt

A main difference between the two exemptions is who slaughters the animal. The owner butchers the animal under the personal use exemption, but that role is completed by an employee or operator of a custom slaughter establishment under the custom slaughter exemption. The custom slaughter exemption is also generally more restrictive than the personal use exemption. Under the custom slaughter exemption, the establishment must be operated in a sanitary manner, there are additional record-keeping requirements, and the meat or carcass must be marked “Not for Sale” and separated from other meat products.

USDA Guidelines from 2018 specify that an owner may slaughter and process any number of livestock for their personal use and that more than one person can own an animal under the exemption. They do not, however, specify exactly how many owners are permitted for a single animal. The guidelines for custom exempt are similar- a single owner can slaughter an unlimited number of animals under the exemption and more than one person can own an animal. There is no specification on how many people can be considered “owners” of a single custom-exempt animal.

 

Unlike the livestock exemptions under the FMIA, the PPIA contains additional exemptions that allow certain poultry producers to slaughter poultry and sell the resulting products. These exemptions are particularly important for small producers. One exemption allows a producer to slaughter up to 1,000 poultry of the producer’s own raising on the producer’s own farm without inspection, and sell those products within the same state. 9 C.F.R. § 381.10(c). Other, similar, exemptions are generally limited to operations that do not exceed 20,000 poultry per calendar year and impose requirements concerning sanitation, labeling, and the manner of distribution. Note, though, that states may place their own restrictions and requirements on poultry sold through either of these exemptions. This guidance document provides more information on these exemptions.

The FMIA and PPIA also contain exemptions allowing certain retail establishments- such as grocery stores, butcher shops, and restaurants- to further process meat and poultry products without continuous federal inspection. These exemptions generally apply when products are processed and sold directly to consumers, rather than being distributed through wholesale channels. The exemptions are subject to limitations on the types and quantities of products that may be processed and sold, as well as other requirements designed to protect food safety. As a result, these establishments may be able to cut, grind, or otherwise process meat or poultry products for direct sale to consumers without having to be federally inspected.

Combining Slaughter Types

Federal law permits livestock establishments to conduct both inspected and custom-exempt operations. However, products from those different operations must be kept separate. Separation may be accomplished through physical separation, or, in some circumstances, by conducting the activities at different times with appropriate cleaning and sanitation between operations. Poultry plants, however, are not permitted to process both custom exempt and federally inspected products.

 Conclusion

Livestock slaughter and meat processing encompass a wide range of activities.  The regulatory framework governing these activities depends on several important distinctions. The species of animal involved determines which federal statute may apply. The intended use of the products and the identity of the recipients can determine whether an exemption from inspection is available. Finally, whether products are sold within a state or across state lines can determine which inspection system is required.

Understanding these distinctions is important for livestock producers, processors, and consumers. Together, these requirements help ensure the safety of meat products entering the marketplace.

 

A webinar on slaughter and processing laws in the United States is available here.

A compilation of meat processing laws in the United States is available here.

 

FAQ:

  • Do I need a government inspector at my slaughter or processing facility?
  • Can I slaughter and process my own animals without inspection?
  • Can I have someone else slaughter and process my animals for me without inspection?
  • Can I sell meat or poultry that was slaughtered or processed without inspection?
  • If my products are inspected, where can I sell them- only in my state, or across state lines?
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