Religious Exemptions, Certifications, and Cultural Practices

Some cultures have very strict meat handling requirements.

1. Halal Requirements

Muslim consumers require their meats to be “halal” or “lawful” to their religious scriptures. For
many Muslims, this means it should be slaughtered using “zabiha” methods. In general, meat is
“haram,” or not allowed, unless it is proven that the meat satisfies halal requirements.29 Halal
requires that the animal be humanely killed by an adult Muslim. However, some Muslims will
accept kosher killed meats (especially if halal is unavailable) and some will accept meat killed by
a Christian butcher.

During a zabiha kill, the animal faces Mecca and the Takbir (a blessing invoking the name of
Allah, the Muslim word for “God”) is pronounced while the animal is killed by holding its head
back and using a quick, single continuous cut across the throat just below the jawbone to sever
the windpipe, esophagus, arteries and veins forward of the neck bone. Ideally, the knife blade
should be extremely sharp and twice as long as the width of the animal’s neck. A hand guard is
permitted for safety. Stunning is sometimes used, although there is debate about whether
stunning itself and whether certain types of stunning are permissible in zabiha slaughter.
Muslims view any livestock that has consumed any pork products (including lard or blood meal)
to be unclean. Other feeds that might be categorized as “filth” may also lead to rejection of the
animal. A 40-day period prior to slaughter of “clean” feed will generally suffice.

For more information on zabiha halal, see What is Zabiha Halal?, SBNY: Shariah Board
New York, https://www.sbny.org/page_zabiha-halal, and also Halal Meat Overview,
Islamic Community Outreach Services,
https://documentcloud.adobe.com/link/track?uri=urn%3Aaaid%3Ascds%3AUS%3Abb5
5b898-7cc9-45b2-8faf-60a38523c1db.

2. Kosher Requirements

Customers who are Orthodox Jews require that livestock be kosher killed. The animal is killed
without stunning by a specially trained religious Orthodox Jew using a properly sharpened
special knife with no hand guard, who subsequently inspects the carcass and organs for defects.
If the meat is to be certified as “glatt kosher,” a stricter kosher standard, the carcass from a
small animal such as a sheep must have no lung adhesions. Animals that are exposed to
conditions predisposing them to pneumonia (i.e. poor ventilation, overcrowding, etc.) are most
likely to have lung adhesions.

The sciatic nerve and various veins, fats and blood are prohibited from kosher consumption and
must be removed. In most cases, rather than going through the difficult procedure of removing
the sciatic nerve in the hindquarter, only the forequarter is marketed as kosher and the
hindquarter is sold through other marketing channels.

3. Federal Law Concerning Religious Slaughter

Federally inspected slaughterhouses conducting religious slaughter are exempt from the stunning
requirements found in 9 CFR 313. Unlike the “poultry exemptions” or the “custom exemption,”
this is not an exemption from federal inspection of the carcass; rather it exempts the plant
from having to stun the animal prior to death. Regulations concerning humane handling do
not apply to the “the ritual slaughter cut and the handling and restraint that immediately precedes
that cut,” which is known as the “ritual bubble.”30 This exemption thus allows ritual slaughter
facilities to perform a ritual slaughter cut without stunning. Ritual slaughter establishments must
still observe all other humane handling requirements. FSIS Directive 6900.2 Revision 2 (August
15, 2011) outlines what inspectors will examine in establishments that conduct ritual
slaughtering. See https://www.fsis.usda.gov/wps/wcm/connect/2375f4d5-0e24-4213-902d
d94ee4ed9394/6900.2.pdf?MOD=AJPERES at pages 7, 16, 35.

4. Humane Handling During Religious Slaughter

The animal should either be killed on the ground (allowable only for custom or on-farm
slaughter), straddled, or walked onto a double rail for a religious kill – because it is considered
inhumane to hoist and shackle the animal by its hind legs while still alive. Research has shown
that ruminant animals remain very calm when their body’s weight is supported by a “double
rail.” However, the handling and preparation for the ritual falls within the ritual exemption.
Therefore, if hanging the animal live is part of the ritual then it is allowed because the handling
and preparation falls within the ritual exemption.

Information about the availability of double rail slaughter systems for large commercial
operations is available on the web at Temple Grandin, Restraint of Livestock, Dr. Temple
Grandin’s Website (Mar. 2000), http://www.grandin.com/restrain/intro.rest.html.

The organization Spirit of Humane provides pictures and information relating to double rail restrainers for small ruminants and knives for halal slaughter at Spirit of Humane, Humane Restraints & Aids for Kosher, Halal, and General Hand Slaughter, http://www.
spiritofhumane.com/wp-content/uploads/2013/03/Spirit_of_Humane_brochure.pdf, and Slaughter for Small Groups, Spirit of Humane, https://www.spiritofhumane.com/summary -of-the-spirit-of-humane-slaughter-process/. These items can also be purchased from Spirit of Humane.

The FSIS Compliance Guide for a Systematic Approach to the Humane Handling of
Livestock from 2013 contains a very short sample assessment tool for ritual slaughter.
See FSIS, FSIS Compliance Guide for a Systematic Approach to the Humane Handling
of Livestock (Oct. 2013), at 17, https://www.fsis.usda.gov/wps/wcm/connect/da6cb63d
5818-4999-84f1-72e6dabb9501/Comp-Guide-Systematic-Approach-Humane-Handling
Livestock.pdf?MOD=AJPERES.

For more information on halal and kosher slaughter in general, see Recommended
Religious Slaughter Practices, Dr. Temple Grandin’s Website,
http://www.grandin.com/ritual/rec.ritual.slaughter.html.

5. Halal and Kosher Labeling

Although there are national certification programs for kosher and halal processed foods, there is
no national mandatory labeling and certification for halal or kosher meats. For the most part, it is
a farmer’s responsibility to ensure that their meat meets their customers’ definitions of halal or
kosher. New York does have laws pertaining to halal and kosher certification records, as
discussed below.

a) New York’s Kosher Law Protection Act of 2004

This Act31 requires that consumers of food represented as kosher in New York be provided with
information identifying the person or organization who is certifying that food as kosher. All
producers, processors, packers, distributors and retailers distributing or offering for sale food
certified as kosher are required to be registered.

Anyone marketing or distributing kosher food, operating a food establishment, or preparing
kosher food will need to fill out a Kosher Certification Form, which is filed with NYSDAM.
These certifiers must have on file with NYSDAM the name, address and phone number of the
person or organization providing them with kosher certification. Persons certifying non
prepackaged foods as kosher must put a statement of their qualifications for certifying food as
kosher on file with NYSDAM. The statement should include background, training, education,
experience, and any other information that shows the kosher certifier’s qualifications. These
certifications must be displayed at the establishment where the kosher business is being
conducted. The following information comes directly from a brochure on the law published by NYSDAM32:
The responsibility for registering the person or organization who certifies a food as
kosher and for filing information about products offered for sale as kosher depends on
whether or not the food is in packaged form. A food is in packaged form when it is not
intended to be consumed at the point of manufacture and is packaged in advance of sale
in units suitable for retail sale. If the food is in packaged form, the producer or distributor
must register the name, address, and phone number of the person who certified the food
as kosher with NYSDAM. If the food is not in packaged form, the person who
manufactures, processes, packs or sells it must register the name, address and phone
number of the kosher certifier with NYSDAM. Filings must be done 30 days in advance
of offering or distributing food as kosher in New York.

Additional information on New York’s Kosher Law Protection Act of 2004 is available
online at: Kosher Law Enforcement, NYSDAM, https://www.agriculture.ny.gov/KO/KOHome.html. This site includes a link to the Kosher
Certification Form and information on how to electronically file registration forms.
Forms can also be obtained by mail by calling Rabbi Aaron Metzger, Director of Kosher
Law Enforcement for NYSDAM, at 718-722-2852 and making that request.

b) New York’s Halal Foods Protection Act of 2005

This law33 requires certain businesses and individuals to register or file with NYSDAM
information as to the person or organization that is certifying their products as halal.
The following information outlines the specific requirements for different types of individuals
and establishments. This information largely comes directly from a document created by
NYSDAM’s Halal Foods Protection Unit.34

 Manufacturers, producers, packers and distributors, of all food, including meat,
which is certified as halal must register their company with NYSDAM and file the
name, address, and phone number of the person, (e.g. individual, corporation,
partnership, association or organization), who certifies the food as halal.35

 Certifying individuals, partnerships, associations or organizations need to
complete a separate General Information and Statement of Qualification forms. Firms
that utilize their own employees or personnel to certify product need to have those
employees complete General Information and Statement of Qualification forms. Any
advertisement for food or food products representing the products as halal shall
identify the name of the person or entity certifying the product as halal. Food establishments, food retailers, restaurants, caterers, and food carts who sell food prepared on their premises or under their control, which is represented as halal,
must post, at their business in a location readily visible by consumers and file with
NYSDAM, a Halal Certification Form.

 Additional requirements:

o Retail stores that sell both halal and non-halal foods require a window sign,
with block letters at least four inches in height, that states “HALAL AND
NON-HALAL MEAT SOLD HERE” or “HALAL AND NON-HALAL
FOOD SOLD HERE.”

o Wholesale and retail firms that purchase halal meat and poultry or food
products that include meat and poultry shall retain the invoices or bill of sales
for those products for a period of two years. However, meat and poultry or
food products that include meat and poultry are exempt from this record
keeping if the manufacturer’s or packer’s name, address and certifying person
are listed on the package containers.

Any advertisement for food or food products representing the products as halal shall identify the
name of the person or entity certifying the product as halal.

More information, including certification forms, can be located at New York State Halal
Foods Protection Act of 2005, NYSDAM, https://www.agriculture.ny.gov/Halal/Halalsite/halals.html. One can search for
information on what products or brands are halal certified at the New York State Halal
Food Registry, see New York State Halal Food Registry, https://foodregistration.agriculture.ny.gov/halal/search.aspx.

Persons with questions on how to complete required forms, those who wish to submit the
required information in print form, and individuals who need paper forms sent to them
should call the NYSDAM Division of Food Safety & Inspection Albany office at 518-457
5457.

6. Other Cultural Practices

Certain African, Caribbean, and East Asian cultures prefer carcasses to be scalded or singed as
part of the processing procedure. A federally inspected slaughterhouse that plans to conduct
scalding or singeing needs to include these procedures in the mandatory hazard analysis portion
of their HACCP (Hazard Analysis Critical Control Point) plan.