Meat Processing Laws in the United States

A State Compilation

Elizabeth R. Rumley, Senior Staff Attorney, National Agricultural Law Center

James Wilkerson, Research Fellow, National Agricultural Law Center

National Agricultural Law Center Staff

For people or companies interested in opening a meat slaughter and processing facility, there can be requirements ranging from health and sanitation to waste disposal to specific facility or building requirements.  Because the requirements can vary so much from place to place, it is really important to obtain the correct information before any final plans are made, which allows potential operators to manage risk appropriately.  The purpose of this resource is provide contact information to offices both with the United States Department of Agriculture, specifically the Food Safety and Inspection Service (“USDA-FSIS”) and with appropriate state authorities on a state-by-state basis.  Additionally, it provides the relevant statutes in those states that have a state meat inspection program in place.

The processing of livestock- which includes animals such as cattle, sheep, swine, and goats- is governed on a national level by the Federal Meat Inspection Act, and implemented through USDA regulations.  Similarly, the processing of poultry, including chickens, turkeys, ducks, geese, ratites and squab is governed by the Poultry Products Inspection Act and implementing regulations.  In those laws, USDA-FSIS is given primary authority for oversight of meat products that will be offered for sale.  One of the main components of that oversight is the requirement that the slaughter of livestock and processing of meat products be subject to continuous inspection by government inspectors.  Additionally, there are various labeling, sanitation and building requirements.  Further, for plants slaughtering and processing livestock, there are further requirements based on the Humane Slaughter Act.

That authority, however, may be designated to a state agency in those states that chose to apply for such authority, as long as the state requirements are “at least equal to” those enforced by USDA-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 difference between the two approaches is that state inspection programs only allow for meat processed in these facilities to be sold within the state- “intrastate”- while FSIS inspected facilities can export meat to other states, or “interstate.”[1]

Currently, 27 states have chosen to run a meat state inspection program, while 25 states have chosen to implement a poultry state inspection program.  If you are interested in opening a slaughter and processing facility producing meat that can be sold to consumers, the appropriate contact information for your state will be found in the column labeled “inspected facilities”.

The slaughter and processing of livestock and poultry for the exclusive use of the owner, their household, guests or their employees, commonly called “custom exempt,” are exceptions to the typical inspection requirements.  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, and 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).

Products that have been slaughtered and processed based on custom exempt guidelines may not be sold or donated.  Because the resulting products will not enter into the stream of commerce, the continuous inspection requirements, among others, do not apply. Instead, custom slaughter plants are inspected periodically.  These plants are, however, expected to meet the same requirements for sanitation that USDA-inspected plants must meet, as well as keep certain specified records.  As long as appropriate distinctions are maintained, red meat plants can process some animals that are custom exempt and others that are federally inspected. A poultry plant, on the other hand, is prohibited from doing so.

A FSIS handbook with more information on determining whether a specific operation falls under the custom exempt exclusion is available here.  If you’re interested in opening a plant that slaughters and processes animals only for the owner of the animal- meat which cannot later be sold to anyone else- the appropriate initial contact information in that situation is available in the column labeled “custom exempt.”

A series of exemptions within the Poultry Product Inspection Act may apply to growers and/or processors who slaughter no more than 20,000 poultry in a calendar year.  To utilize these exemptions, the birds must be processed under specific sanitary standards, but the process is exempt from continuous inspection and other typical USDA-FSIS requirements.  Additional limitations and requirements apply for each exemption, and some states have passed additional requirements limiting the exemptions that may be used.  For more information about the requirements for small-scale poultry slaughter within a particular state, the appropriate contact information for your state will be found in the column labeled “inspected facilities.”   

The requirements that processors must follow differ significantly depending on what services they intend to provide, who their customers are and in what state they operate.  Small differences between processing facilities, such as one facility offering to smoke meat, can cause significant regulatory and inspection differences between the two facilities.  The complexity and variability surrounding the operation of these facilities makes it essential for operators to work closely with governmental agencies before beginning construction, let alone operation.

[1] There are certain programs through which a state inspection program may have state-inspected products eligible for sale interstate.  Called “Talmadge-Aiken” and the “Cooperative Interstate Shipment Program”, each program has specific requirements that must be met, and also requires the state program to enter into additional agreements with FSIS.

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