The handling of game animals such as bison, deer, rabbits, pheasants, etc. is not covered by
either the Federal Meat Inspection Act or the Poultry Products Inspection Act. Thus, these
“exotic” animals and birds are considered “non-amenable.” However, the Agricultural Marketing
Act of 1946 does provide for the voluntary inspection of game animals and birds by federal
inspectors for marketing situations where meat and poultry products from them must bear a
USDA mark of inspection. In addition, states that provide “USDA equivalent” inspections of
livestock and carcasses can mandate the inclusion of specific non-amenable game species in their
inspection programs and provide them with the same mark of inspection as amenable livestock
and poultry. Again, New York State does not have “USDA equivalent” slaughter and processing
facilities.
The FDA has authority over any meat and poultry products entering commerce that are
from non-amenable livestock that have not been “inspected and passed” by federal or state
inspectors. Note that the FDA has recently implemented rules under FSMA that apply to the
importation of non-amenable species. These rules exempt meat, poultry, and eggs that are under
USDA jurisdiction. For more information on these rules, see the resources noted at the end of
Section II.E Import or Export?.
All product, regardless if it is amenable or not, must still come from an “approved” source in
order to be sold to retail stores, restaurants or wholesalers. In New York State exotic animals are
amenable to New York State Agriculture and Markets Law Article 5-A. (This is why a NYS
licensed 5-A plant is an approved slaughtering and processing facility in New York for these
exotic animals.)
Most non-amenable meat and meat products offered for sale are derived from farm raised (or
“farmed”) game. However, some states do allow the sale of hunter harvested game (as opposed
to “farmed game”). New York does not allow the sale of hunter harvested deer or rabbits. It does
allow for some marketing of small game animals such as opossums. Hunter harvested deer and
rabbits in NYS can only be used for the hunter’s personal use. Curiously, hunter harvested meat
from a state or country permitting the marketing of this meat, can be harvested and processed in
that state and then sold in New York.
The venison donation program under the jurisdiction of the NYS Department of Environmental
Conservation, is the only exception. This program allows hunters to take legally tagged and
properly field-dressed deer to participating processors and to have the venison processed under
custom exemption for distribution by specific food banks and soup kitchens.
States can mandate stricter regulations for non-amenable meat and poultry products than those
outlined above. Non-amenable meat can be sold in commerce, both in and out-of-state but only
with approval of the importing state and adherence to that state’s slaughter, processing, and
inspection requirements. It is important that game farmers know the regulations of the state
where they are planning to market the meat.
1. NYS Requirements for Large Farm Raised Game
Large non-amenable “farmed” game such as bison, elk, and deer can be harvested on farm by the
consumer for their own personal use. This is essentially what occurs at a shooting preserve. In
addition, large game can be harvested on-farm by the consumer or by a custom processor and
then transported in a sanitary manner to a processing plant for custom processing. The meat must
be labeled “not for sale” and is limited to use by the consumer’s household and nonpaying guests
and employees.
In New York, if the meat is being sold to an end consumer or retail business, then deer and other
exotics can be slaughtered and/or processed at either a 5-A non-amenable meat plant without
carcass inspection or at a USDA plant under voluntary inspection. However, if the meat product
is being sold to wholesalers within New York for interstate trade, it must be slaughtered and
processed under voluntary federal inspection at a USDA facility.
Because there is no mandatory USDA FSIS inspection for non-amenable livestock, federal tax
dollars cannot be used to pay for the inspection. Instead, the farmer must pay a certified USDA
FSIS inspector out-of-pocket to inspect the carcasses. The rate for 2010 is $51.35 per hour with a
2-hour minimum visit. The USDA federally inspected plant must first apply for and receive
approval to process “exotic” animals. The mark of inspection for game animals is triangular
rather than circular as for amenable livestock.
These inspections are covered in Title 9 of the Federal Code under Section 352.
Large non-amenable livestock such as bison, elk, and deer pose special challenges for producers
and processors in terms of handling, loading, transporting, and confinement. The USDA FSIS
has made special provisions for these difficulties by permitting on-farm harvesting of large non
amenable species. In order to qualify for on-farm harvesting, the game farm must have a separate
area in which to present the live animal(s) to a licensed veterinarian or USDA inspector, before
being dispatched on the property.
There is no provision for a USDA facility to accept an ante-mortem inspection by a non-USDA
employee. Therefore, any animal that is destined for USDA inspection must have an ante
mortem examination performed by a USDA employee. USDA will not accept an ante-mortem
exam performed by a non-USDA veterinarian. New York State will accept a veterinarian
certificate for those animals delivered to a NYSDAM licensed 5-A facility. The game farm must
pay for the on-farm live animal inspection.
The veterinarian or inspector must approve the designated harvesting site and indicate that 1) the
animal is wholesome, 2) the harvest is conducted in a manner minimizing the possibility of
soiling of the animal, and 3) the transport vehicle is as sanitary as practical. After harvest, the
animal is bled out and transported to a USDA or NYSDAM licensed 5-A facility. The animal
must be accompanied by the veterinarian signed ante-mortem report and should arrive at the
designated destination within two hours but must arrive by law at the plant on the same day that
it was dispatched.
If large non-amenable livestock are brought live to the slaughter facility, the slaughterhouse must
have a holding pen where the federal inspector can observe the animal without approaching it.
The top rail height should be 6 ft. minimum to contain these animals. Deer, elk, or other large
non-amenable animals can be killed in the holding pen rather than in the stun box. Section
352.10 allows for an FSIS inspection to be performed on the truck thus permitting an animal to
be dispatched while on the transport vehicle. Farmers need to make sure that the USDA or
NYSDAM 5-A facilities they plan on using has prior approval and adequate facilities to work
with large non-amenable livestock.
Some species of deer and all elk are susceptible to Chronic Wasting Disease, a debilitating
disease of the nervous system. There are no known cases of transfer of CWD from animal to
humans. However, as a precautionary measure to minimize any human health risks from CWD,
specific cutting techniques are required for those deer and elk. Hand boning is required and parts
that may be potentially infectious such as the brain, spinal cord and specified lymph nodes must
not be severed, must not appear in any end product, and must be disposed of in a municipal
landfill. According to the NYSDAM CWD monitoring program, all slaughterhouses (custom, 5
A, or USDA) operating in NYS and processing deer or elk must have an offal disposal plan on
record with NYSDAM. Additionally, meat products from deer and elk must be tested and
negative test results received prior to the meat being released for sale. Testing is not required if
the meat is processed under the custom exemption and marked “not for sale.”
Information from NYSDAM concerning CWD is online at: Deer, NYSDAM,
https://www.agriculture.ny.gov/AI/AIdeer.html. The New York State Department of
Environmental Conservation also provides extensive information about CWD online at
Chronic Wasting Disease, NYSDEC, https://www.dec.ny.gov/animals/7191.html.
The regulations concerning Captive Cervid Health Requirements and Chronic Wasting
Disease (in Title 1, Part 68 of New York Codes, Rules and Regulations) are available at:
https://govt.westlaw.com/nycrr/Browse/Home/NewYork/NewYorkCodesRulesandRegula
tions?guid=I51534f10ab3a11ddbd79a18800159157&originationContext=documenttoc&t
ransitionType=Default&contextData=(sc.Default).
2. NYS Requirements for Farm Raised Rabbits
The most commonly “farmed” small game animal in the United States is the domesticated meat
rabbit. Although rabbit processing is similar to that of chickens, rabbits are not included in either
the Federal Meat Inspection Act or the Poultry Products Inspection Act and thus, none of the
exemptions that apply to amenable poultry apply to rabbits. In addition, just like larger non
amenable species, federal tax dollars cannot be used for their inspection.
The FDA has jurisdiction over shipment of rabbit meat in interstate commerce, and in New York
the Department of Agriculture and Markets regulates intrastate sales of exotic animals under 5
A. Other states that operate a “USDA equivalent” inspection program may mandate rabbit
inspection. States vary widely in their slaughter, processing, and inspection regulations for
rabbits.
If the exotic meat is to enter commerce and be sold for resale to wholesalers in interstate trade,
then the producer must pay the voluntary inspection fee for live animal and carcass inspection at
a USDA facility. Under voluntary inspection, each rabbit and its internal organs are inspected for
signs of disease.96 The “Inspected for Wholesomeness by USDA” mark of inspection ensures the
rabbit is wholesome and free from disease.97 Inspected rabbits are stamped with a circular mark
and may even be graded.
Voluntary inspection for rabbits is covered in Title 9 of the Federal Code under Section 354.
Rabbit meat products that are to be offered for sale in NY State may be slaughtered either under
USDA voluntary inspection or at a NYSDAM 5-A establishment. Whole rabbit carcasses and
rabbit cuts which have been slaughtered at a 5-A slaughterhouse may be sold direct, (including
sales of rabbit at farmers’ markets), to retail outlets, and to distributors.
As of May 2006, NYSDAM allowed rabbit carcasses slaughtered at either a USDA facility or a
5-A facility to be further broken down into whole muscle meats at either a 5-A or 20-C
establishment. (Note: Before using a 5-A plant to process rabbit, NYSDAM should be contacted
to ensure that the plant’s particular license allows them to process rabbit.)
A restaurant that is located right on a rabbit farm may slaughter their own rabbits and then
process them in their own 5-A facility for serving at the restaurant or for sale in their own farm
stand. A 20-C license is not acceptable for the slaughtering of any species.
In New York, rabbits may be purchased live from the farm by a consumer and processed under
custom inspection for the new owner’s personal use. Alternatively, rabbits can be sold live from
the farm direct to the consumer and butchered on-farm by the consumer with the farmer’s
permission. Even though rabbits are not listed in the NY regulations, the farmer cannot actually
do that slaughtering for an on-farm customer, as is done in some other states.
Because rabbits are easy to handle – unlike large non-amenable game animals – there are no
special provisions permitting on-farm slaughter or field harvesting of rabbits whose meat will be
entering commerce.
For more information, see Rabbit from Farm to Table, FSIS,
https://www.fsis.usda.gov/wps/portal/fsis/topics/food-safety-education/get-answers/food
safety-fact-sheets/meat-preparation/rabbit-from-farm-to-table/rabbit-farm-table.
3. NYS Requirements for Non-Amenable Poultry
The Federal Meat Inspections Act lists poultry that must be slaughtered and processed according
to the PPIA. These bird species include chickens, turkeys, ducks, geese, guineas, ratites (ostrich,
emu, and rhea), and squabs (pigeons up to one month old). Any bird not listed is considered non
amenable poultry.
According to the USDA FSIS, the game bird industry in the U.S. raises millions of birds for sale
to restaurants and direct to consumers. These include up to 10 million pheasants, 37 million quail
(including 12 million Bobwhite), 4 million Chukar partridges, 1 million Mallard ducks, 200,000
wild turkeys, and several other bird species.
When the USDA calls birds and poultry “non-amenable”, it means that there are no regulations
addressing that particular species of bird or poultry. In other words, the PPIA becomes applicable
to non-amenable farmed game birds and non-amenable poultry when it becomes an issue, such
as when they enter commerce. (See Title 9 of the Federal Code under Section 362.2(a)).
The USDA does provide for a voluntary inspection of game birds. They are slaughtered and
processed under Part 381 of the Code, the same regulations governing amenable poultry.
Voluntary inspection as outlined in Section 362 of Title 9 of the Federal Code refers to the
importation of game bird carcasses, and the re-packing of USDA inspected product into smaller
units to maintain the Federal Mark of Inspection.
Here in New York, game birds come under the jurisdiction of the New York State Department of
Agriculture and Markets. Non-amenable birds may be slaughtered under the allowed poultry
exemptions, in a 5-A facility, or at a USDA slaughterhouse (However as of 2019 there were no
USDA slaughterhouses in the state that would process any poultry for farm customers). If a
producer slaughters non-amenable birds under one of the allowed exemptions, note that these
birds count toward the total birds allowed under the exemption. There is no restriction on
numbers of non-amenable species processed for those operating under a 5A license, and the 5-A
poultry plant is not required to fill out special forms in order to slaughter or process game birds.
Information regarding poultry regulations is discussed in a later section.
4. Value-Added Products From Non-Amenable Meats
Non-amenable fresh or fresh-frozen whole meats, ground meat with no additives and sausage
with no nitrite cures may be cut and packaged in a NYSDAM 5-A licensed facility for sale to
consumers, retailers, and restaurants. These products can also be cut and packaged in a 20-C
facility as well if the meat is from an approved source (either USDA inspected or slaughtered at
a 5-A facility).
Value-added non-amenable meat products which involve the addition of 3% or more amenable
meat or 30% amenable fat or 2% cooked USDA FSIS passed amenable poultry with no bone or
skin, and/or the addition of a nitrite cure may be processed in either a USDA facility or a New
York State licensed 20-C or 5-A plant for sale to consumers and retailers. However, all the
amenable meat contained in them must be federally inspected and passed. If sold to wholesalers,
the resulting value-added product needs to be processed at a USDA federally inspected facility.
Value-added game meats cured with a nitrate or nitrite and without the addition of an amenable
meat, meat product, or fat cannot be processed at a 20-A or 5-A NY state licensed plant or
USDA facility regardless of who they are to be marketed to. Because of this, the proportions of
amenable meat or poultry listed in the paragraph above are commonly added to the non
amenable product if nitrate/nitrite curing is to take place.
Non-amenable meat from the same game species that is combined under different inspections
must be labeled with the lower inspection. For example, buffalo meat inspected at USDA facility
and marked with the voluntary mark of inspection that is then combined with buffalo meat
inspected at a NYSDAM 5-A facility cannot maintain the voluntary mark of inspection. Thus, in
NYS, the combined product could only be marketed to consumers and retailers; not wholesalers.
Interestingly enough, USDA FSIS federally inspected and passed amenable meat products can
bear the federal mark of inspection for amenable meats and still include non-amenable meat that
has been slaughtered and processed without the mark of inspection, provided that the USDA
establishment can ensure that these non-amenable meat ingredients are clean, sound, healthful,
wholesome, properly identified and will not result in adulteration of products. The product name
must declare the species of non-amenable meat included (for example, ground lamb with
venison). The product must contain at least one of the following: more than a) 3% amenable
meat, b) 30% amenable fat or c) 2% cooked USDA passed amenable poultry with no bone or
skin. Any amenable meat used as an ingredient must be from an inspected source.
Furthermore, non-amenable meat products from one species of game animal produced under
voluntary federal inspection can include non-amenable meat from another species of game
animal that does not have the mark of inspection, provided that those ingredients are clean,
sound, healthful, wholesome, and properly identified, and will not result in adulteration of
products. This combined product can bear the mark of inspection for non-amenable meats.
USDA FSIS Notice 15-06
https://www.fsis.usda.gov/wps/wcm/connect/fsis-content/fsis-questionable-content/for
business-and-industry/tsc-q-and-a/notice-15-06/
5. FDA Requirements when Raising Non-Amenable Game
The FDA has strict guidelines for the use of drugs in production of non-amenable animals. Many
drugs are not labeled for these species and need approval for “off label use.” Hormones may not
be used in raising game birds or game animals; however, antibiotics may be used.
