Not all meat-processing facilities are the same. It is important to know the different types of
\nslaughter and processing plants operating in the United States and more importantly for farmers,
\nthe markets they are allowed to process for. The following section describes these various
\nfacilities. Not all of these slaughtering and processing plants are available in New York.<\/p>\n
A red meat plant can simultaneously do work that is custom-exempt, retail-exempt and state or
\nfederally inspected; a poultry plant cannot.36 Depending on the state, a plant may or may not be
\nboth state and federally inspected. There are several federal poultry processing exemptions, all of
\nwhich are complex and only exempt facilities processing less than 20,000 birds per calendar
\nyear.<\/p>\n
1. USDA-Inspected Meat Processing Facilities<\/p>\n
The USDA issues a \u201cgrant of inspection\u201d to approved facilities; USDA facilities for this reason
\nare not \u201clicensed\u201d but \u201cinspected.\u201d USDA inspected meat processing facilities that have been
\nissued a \u201cgrant of inspection\u201d may butcher and\/or process amenable livestock under the Federal
\nMeat Inspection Act. A USDA plant must conform to Title 9 of the Code of Federal Regulations,
\nentitled \u201cAnimals and Animal Products.\u201d37<\/p>\n
Federal meat inspection requires that a USDA Food Safety and Inspection Service (FSIS)
\ninspector inspect the carcasses at a USDA inspected slaughterhouse. The inspector must verify
\nthat the establishment address all federal regulations outlined in the code. He must verify not
\nonly that the carcass is wholesome but also that the facilities, equipment and procedures conform
\nto the owner\u2019s Sanitation Standard Operating Procedures (SSOP) and the 9 CFR 416 Sanitation
\nPerformance Standards (SPS). The inspector also verifies that the establishment is following
\ntheir 9 CFR 417 Hazard Analysis and Critical Control Point (HACCP) plan for producing safe
\nfood. Currently, the salary of this inspector is paid for by federal tax dollars.<\/p>\n
There are strict federal mandates regarding the 1) health of the animals permitted to enter the
\nplant; 2) care of the animals at the plant; 3) parts of the animal that can be used for human
\nconsumption; and 4) disposal of animal parts not used for human consumption.
\nInspected meat from these USDA inspected plants can be sold anywhere in the United States and
\nexported to sell or trade in international markets.<\/p>\n
An official establishment is required by 9 CFR 416 to have sanitary:
\n1) Establishment ground and facilities, including pest control, sound construction, adequate
\nlighting and ventilation, potable water, lavatories and waste receptacles.
\n2) Equipment and utensils, which facilitate thorough cleaning, and receptacles for inedible
\nmaterials.
\n3) Operations, including sanitary food contact and non-food contact surfaces, safe
\nchemicals, and protection of product.
\n4) Employee hygiene, including employee cleanliness, clothing and disease control.
\n5) Employee welfare facilities (lunch locker, bathroom)
\n6) Inspection facilities (private room with filing cabinet and chair; bathroom facilities
\ncan be shared with employees). 7) Livestock must be stunned prior to slaughter unless the plant has a religious
\nexemption.<\/p>\n
For more information on building designs and requirements for USDA inspected plants, refer to
\nthe Guide to Designing a Small Red Meat Plant with Two Sizes of Model Designs, published by
\nIowa State University and available through the Niche Meat Processor Assistance Network
\n(NMPAN) website (http:\/\/www.nichemeatprocessing.org\/) under Tools for
\nBusinesses\uf0e0Resource Overview\uf0e0Plant Design and Construction.<\/p>\n
There are some conditions where meat is exempted from having to conform to all or part of this
\ncode. These \u201cexemptions\u201d are listed later in the resource guide.<\/p>\n
2. State or Locally Inspected \u201cCustom Exempt\u201d Slaughterhouses<\/p>\n
A custom exempt slaughterhouse may offer slaughtering services without federal inspection and
\noversight. The federal code provides for this exemption and allows the owner of an animal to
\nforgo having the animal slaughtered under federal or state inspection if the meat and byproducts
\nfrom that animal are consumed by the owner and his or her household – as opposed to being
\nsold.38 Carcasses at these slaughterhouses are exempt from federal inspection because these
\nplants are limited only to custom slaughter and processing. Carcasses and meat leaving custom
\nslaughterhouses are not inspected and must be stamped \u201cNot for Sale.\u201d<\/p>\n
Custom exempt slaughter is a service provided only to an animal\u2019s owner. In New York, a
\nperson does not have to be present to take ownership of an animal. For example, if a farmer or
\nlive animal market sells live animals for (often dubbed \u201cfreezer trade\u201d), a household consumer
\ncan take ownership of the animal over the phone and have the animal delivered to a custom
\nslaughterhouse for butchering and processing according to their directions. The farmer or live
\nanimal market needs to know the new owner’s name and address and the animal must be clearly
\nidentified throughout the slaughter\/processing operations so that the products the owner receives
\nare from the animal that was selected by or for them.<\/p>\n
Custom exempt slaughterhouses are not to be confused with state licensed plants that undergo
\nstate inspection of carcasses for intrastate sales. They also should not be confused with whitetail
\nbutcher shops, which only process hunter harvested wild deer, and come under the jurisdiction in
\nNew York, by the Department of Environmental Conservation. Some custom slaughterhouses
\nhave not applied to have an approved kill floor and are also set up primarily to process white tail
\ndeer for hunters who harvest those animals within the state. (Hunter-harvested deer carcasses
\ncannot cross state lines without first being butchered to the imported state\u2019s specification. In
\nmany cases, this means complete de-boning.)<\/p>\n
Carcasses are not inspected under custom slaughter. However, custom exempt facilities are
\ninspected periodically. The USDA Food Safety and Inspection Service has jurisdiction over all
\namenable red meat processing in the United States. The USDA may however opt to subcontract
\nout review of custom facilities. In 2010 inspection of New York custom facilities was once again
\nundertaken by the USDA FSIS directly, but prior to that they had been contracting the work out to the New York State Department of Agriculture and Markets (NYSDAM). This has added more administration and paperwork for processors and created some confusion and concern as to the level of the inspection undertaken.<\/p>\n
The USDA FSIS is responsible for locating inspectors to inspect slaughtering and processing
\nfacilities. Inspectors may be temporarily assigned or rotated throughout a region.
\nLivestock custom exempt slaughterers need to follow the 9 CFR 416 SPS regulations found here:
\nhttps:\/\/www.law.cornell.edu\/cfr\/text\/9\/part-416.<\/p>\n
Federal guidelines can and do change; thus, one of the first steps in opening a custom
\nslaughterhouse in NY is to contact NYSDAM Division of Food Safety Inspection. Local health
\ndepartments are also involved because they must approve the slaughterhouse septic system prior
\nto opening and will be responsible for testing any well water to validate it as potable twice
\nyearly.<\/p>\n
3. DUAL LICENSES for Custom Exempt and 5-A Slaughtering<\/p>\n
At one time, an establishment may have held dual licenses for custom exempt operations and a
\nNYSDAM 5-A (see description of 5-A on the next page) activities within a singular, shared
\nestablishment; but in recent years this dual licensing is no longer being permitted without full
\nseparation. According to NYSDAM this doesn\u2019t have to require separate facilities, but may
\nsimply involve separation of the two activities, by room layout as the floor plan below
\ndemonstrates. In this case both the 5-A facility and the custom exempt facility can share the
\nprocessing room. The processing room may also be eligible for licensing as a 20-C establishment
\n(for value-added food processing, or what\u2019s also sometimes called a \u201ccommercial kitchen\u201d).
\nHanging carcasses and frozen product of inspected and non-inspected product must be separated.
\nThis can be accomplished by designated areas within the cooler and freezer for each type of
\nproduct.<\/p>\n
5-A Non-Amenable Slaughtering and Processing Facilities<\/p>\n
These are specialized state licensed facilities that conduct butchering and\/or processing
\noperations that are exempt from federal inspection but require NY licenses in order to operate.
\nOne type of 5-A classification is for plants that process non-amenable farm raised game species
\nsuch as bison, farmed deer, and rabbits. Non-amenable livestock and poultry species can be
\nslaughtered at a 5-A licensed plant without federal inspection.<\/p>\n
Products manufactured from this facility may be offered for sale by the farmer who raised them.
\nThe slaughterhouse may also buy the meat from the farmer and market it themselves in a meat
\nshop affiliated with the slaughterhouse or sell the meat to a wholesaler or retail outlet.
\nThe meat can be sold within state or across state lines but must be sold directly to an end
\nconsumer or a restaurant, hotel, boarding house, caterer or similar retail business. Both states
\nmust agree to the transaction. Some states, in an effort to protect their wild game populations and
\nprotect their own game meat industries, have opted not to allow product into their state from
\noutside of it. For example, Vermont does not permit farm-raised deer carcasses from NY to come
\ninto the state.<\/p>\n
If non-amenable meat is mixed with amenable meat or fat, then it is required to be inspected.
\nCommercial processors must be aware that non-amenable meat cannot contain nitrate or nitrite
\nbecause FDA has not approved that per 21 CFR 172.175. USDA does allow an amenable
\nproduct to contain cure.<\/p>\n
The carcasses are not inspected, though the owner\/operator of the 5-A facility has the right to
\nreject a carcass or product. All non-amenable species must also have certified health papers from
\nthe farmer\u2019s veterinarian stating that the animals are in good health and are eligible to enter the
\nfood chain.<\/p>\n
The 5-A facilities are inspected by state employees and are held to a higher standard than regular
\ncustom exempt plants. For example, according to 5-A regulation 245.2(f)(2), the plant must have
\nhot water at 180\u00baF and\/or use an approved sanitizer. A blueprint or schematic of the plant must
\nbe submitted and approved prior to licensing. HACCP plans documenting the handling of
\nproducts for resale may be required.<\/p>\n
a) Licensing<\/p>\n
To obtain a license, an applicant will need to provide evidence of his or her qualifications and the
\nsuitability of his or her establishment and product.39 By early 2020 NYSDAM expects to have a
\nnew applicant package available on their website at https:\/\/www.agriculture.ny.gov\/food
\nbusiness-licensing. The process of building a new 5-A facility starts by going through the
\nchecklist in the packet, including getting pre-approval from the local zoning officials, before
\nsubmitting a completed application for NYSDAM to review.<\/p>\n
Facilities that have a license can \u201cconduct only the slaughtering operations that are listed on their
\nlicense application and have been approved.\u201d40 A license can be denied, suspended, or revoked for various reasons, including falsifying material in an application, inadequate sanitation, adulteration of product, failure to provide requested
\nrecords or information, and failure to comply with Article 5-A.41 In addition, after three
\nconsecutive failed inspections, a license will be revoked.42<\/p>\n
b) Unlawful Acts<\/p>\n
Slaughterhouses cannot do the following: operate in an unclean and unsanitary manner; expose
\nproducts to \u201cinsects, live animals or injurious contamination;\u201d \u201cslaughter, possess or sell
\nunwholesome meat,\u201d such as meat \u201cfrom a diseased animal;\u201d feed uncooked offal to hogs; or
\n\u201cslaughter or butcher domesticated dog or domesticated cat.\u201d43<\/p>\n
An example of a 5-A non-amenable slaughtering and processing facility floor plan as provided by NYSDAM.<\/p>\n
5. 5-A Poultry Slaughtering and Processing Facilities<\/p>\n
Another 5-A classification is granted for plants that slaughter and\/or process amenable poultry
\nunder circumstances that allow them to be exempt from federal inspection. There are several
\nallowable exemptions important to poultry growers wanting to market their own birds
\nthemselves within state to household consumers, retail stores, restaurants, and distributors. These
\nexemptions are also important to live poultry markets and to custom processors.<\/p>\n
The many poultry exemptions vary with regard to how many birds can be processed, whom the
\nbirds can be processed for, the type of processing that can be done, and what market channels the
\nresulting poultry products can be sold through. A plant is permitted to operate under only one
\npoultry exemption. Therefore, poultry growers should study the exemptions carefully to choose
\nthe exemption that best meets their needs.<\/p>\n
By early 2020 NYSDAM expects to have a new applicant package available on their website at
\nhttps:\/\/www.agriculture.ny.gov\/food-business-licensing. The process of building a new 5-A
\nfacility starts by going through the checklist in the packet, including getting pre-approval from
\nthe local zoning officials, before submitting a completed application for NYSDAM to review.<\/p>\n
a) 5-A Facility Design<\/p>\n
Separate Killing and Evisceration rooms are required in NYSDAM licensed 5-A facilities. For
\nfurther cutting, a separate processing and packaging room is required. A 2- or 3 bay equipment
\nwash sink should be located in the eviscerating room. Hand-wash sinks are required in the killing
\nroom and eviscerating room. A hand-wash sink is also required in the separate processing room.
\nSeparating walls are preferred. While it is uncommon, 245.2(o) does allow for a complete
\ncleanup of processing rooms in lieu of physical separation. This is reviewed on a case-by-case
\nbasis, so if this is something you want in your facility design, it\u2019s best to talk to your local
\ninspector.<\/p>\n
If poultry crates or cages are stored at a facility, a separate area for cleaning and storage must be
\nprovided. This can be a separate shed.<\/p>\n
b) 5-A Facility Location<\/p>\n
In cities with a population of a million or more (which in NYS only includes New York City),
\n\u201cany place or establishment where animals and\/or fowls are slaughtered or butchered for food\u201d
\nmust be separated from a residential dwelling by at least 1,500 feet in order to obtain a license.44<\/p>\n
6. 20-C Processing Facilities<\/p>\n
These facilities are New York state licensed commercial kitchens. People holding a 20-C license
\ncannot slaughter livestock or poultry. Instead, they are permitted to further process 1) red meat
\nthat was butchered, inspected, and passed at a USDA slaughterhouse or 2) poultry under a
\nlegally accepted federal exemption or non-amenable meats properly slaughtered at a 5-A facility.
\nProcessing operations are limited to those activities that are usually conducted at retail stores,
\nrestaurants, and caterers. This would include dividing carcasses or wholesale cuts into retail cuts,
\ncutting, slicing, trimming, grinding, freezing, breaking up bulk shipments, and wrapping or
\nrewrapping.<\/p>\n
The holder of the establishment\u2019s 20-C license can then sell these products to consumers
\nincluding instate restaurants, hotels and institutions as long as 1) the sale amount does not exceed
\na \u201cnormal retail quantity\u201d and 2) sales to HRI (hotels, restaurants, and institutions) do not exceed
\na) 25% of the total value of total sales of product, and b) the dollar limitation per calendar year set by the FSIS Administrator every year and published in the Federal Register. Essentially 20-C establishments are permitted to retail product but are not allowed to wholesale product.
\nA 20-C commercial kitchen is also permitted to further process meat and poultry by curing,
\ncooking, and smoking. They may also render and refine fat. However, the holder of the 20-C
\nlicense is then limited to selling these products directly to household consumers rather than to
\nrestaurants, hotels and other institutions.<\/p>\n
Direct sales to household consumers can take place from the retail establishment adjoining the
\ncommercial kitchen or at the license holder\u2019s farm (for example, from an on-farm farm stand).
\nDirect sales to consumers can also take place from the farm\u2019s produce or food stall at a public
\nfarmers\u2019 market.<\/p>\n
A commercial kitchen can also further process custom exempt meats and poultry products for the
\nproducts\u2019 owners. However, the processed products cannot be sold and must be consumed solely
\nby the product\u2019s household and nonpaying guests and employees. The custom prepared products
\nmust be kept separate from all \u201cFor Sale\u201d product at all times and must be clearly marked \u201cNot
\nfor Sale\u201d (or, in the case of poultry products, \u201cExempted \u2013 P.L. 90-492\u201d) immediately after being
\nprepared and packaged.<\/p>\n
At the discretion of the NYSDAM Division of Food Safety & Inspection, multiple 20-C licenses
\ncan be held for a single commercial kitchen facility. The facility and its staff can be employed or
\nrented out by one or more other businesses. However, each business must have a separately
\nscheduled time for facility use. The granting of multiple licenses is on a case-by-case basis.
\nThe Cornell Food Venture Center maintains a partial and periodically updated list of
\nshared-used and commercial kitchens in New York. See New York Shared-use &
\nCommercial Kitchens, Cornell College of Agriculture and Life Sciences: Food Venture
\nCenter, https:\/\/cfvc.foodscience.cals.cornell.edu\/kitchens-supplies\/small-co-packers
\ncommercial-kitchens\/new-york\/.
\nFor more information about Article 20-C licenses, see below in Section XXIII.A.1
\n\u201cArticle 20-C Food Processing Establishments.\u201d<\/p>\n
a) Meat Lockers<\/p>\n
Meat lockers are an option for farmers who need to age product or store a quantity of product. If
\nfarmers are considering their own cutting or sausage-making and can find a USDA kill floor and
\na 20-C kitchen, then locker space for fresh-chilled or frozen product becomes a concern. Each
\nbusiness using the meat locker needs separate space with their own lock, perhaps separated by
\nwire mesh. Alternatively, the locker needs to employ a manager who is responsible for managing
\nproduct movement.\u00a0 The person or corporation that owns and operates the meat locker must obtain an Article 19
\nRefrigerated Warehouse\/Locker Plant license.45 For more information about this license, see
\nbelow in Section XXIII.A.5 \u201cArticle 19 Refrigerated Warehouse\/Locker Plant.\u201d<\/p>\n
7. Retail-Exempt<\/p>\n
A retail exemption allows a meat processor to sell meat at its own retail storefront without a
\nHACCP plan or daily inspections from FSIS or state inspectors.46 However, the processor is still
\nsubject to periodic inspection by USDA FSIS and\/or state authorities.47 The meat used to
\nmanufacture retail products (fresh cuts or processed meats) must come from livestock inspected
\nby USDA FSIS or the state inspection agency in the same state as the processor.48<\/p>\n
A retail-exempt processor can also sell a limited amount of meat or poultry to hotel, restaurant,
\nor institutional customers (HRI), as long as the meat product has NOT been cooked, cured,
\nsmoked, rendered, refined, or otherwise processed. The processor can bone, cut up, stuff, smoke,
\nrender or salt but cannot can poultry sold under the Retail Store Poultry Exemption.49 In 2018,
\nthe monetary limit for retail-exempt sales to hotels, restaurants, and similar institutions was
\nwhichever of the following two dollar amounts was less: 1) 25% of the dollar value of the
\nprocessor’s total sales or 2) during the calendar year, $75,700 for red meat and meat products and
\n$56,600 for poultry products.50 FSIS re-determines the limits on retail-exempt wholesaling each
\nyear;51 thus, please check with FSIS as to the current limits on retail-exempt wholesaling.
\nFor more information, see the section entitled \u201cRetail-Exempt\u201d in Meat Inspection,
\nExtension (Aug. 27, 2018), https:\/\/articles.extension.org\/pages\/15944\/meat-inspection.<\/p>\n","protected":false},"excerpt":{"rendered":"
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