2015 New Hampshire Revised Statutes
Title XL - AGRICULTURE, HORTICULTURE AND ANIMAL HUSBANDRY
Chapter 427 - LIVESTOCK AND MEAT INSPECTION
Section 427:16 - Exemptions.

    427:16 Exemptions. –
    I. The provisions of this subdivision requiring inspection of the slaughter of animals and the preparation of the carcasses, parts thereof, meat and meat food products at establishments conducting such operations shall not apply to:
       (a) The slaughtering by any person of animals of his or her own raising, and the preparation by him or her and transportation in commerce of the carcasses, parts thereof, meat and meat food products of such animals exclusively for use by him or her and members of his or her household and his or her nonpaying guests and employees.
       (b) The custom slaughtering by any person, firm, or corporation of livestock delivered by the owner thereof for such slaughter.
       (c) The preparation by such slaughterer and transportation in commerce, of the carcasses, parts thereof, meat and meat food products of such animals, exclusively for use, in the household of such owner, by him or her and members of his or her household and his or her nonpaying guests and employees, provided that such custom slaughterer does not engage in the business of buying or selling any carcasses, parts of carcasses, meat or meat food products of any livestock capable of use as human food.
    II. The provisions of this subdivision requiring inspection of the slaughter of animals and the preparation of carcasses, parts thereof, meat and meat food products shall not apply to operations of types traditionally and usually conducted at retail stores and restaurants, when conducted at any retail store or restaurant or similar retail-type establishment for sale in normal retail quantities or service of such articles to consumers at such establishments.
    III. The slaughter of animals and preparation of articles referred to in paragraphs I(b) and II of this section shall be conducted in accordance with such sanitary conditions as the commissioner may require under rules adopted pursuant to RSA 541-A. Violation of any such rule is prohibited.
    IV. For poultry slaughtered pursuant to RSA 427:5, I the state veterinarian shall exempt from specific provisions of this subdivision with respect to processing of poultry or poultry products solely for intrastate commerce and distribution of poultry products only in such commerce:
       (a) Retail dealers with respect to poultry products sold directly to consumers in individual retail stores, if the only processing operation performed by such retail dealers is the cutting up of poultry products or marinating such products on the premises where such sales to consumers are made;
       (b) Persons slaughtering, processing, or otherwise handling poultry or poultry products which have been or are to be processed as required by reorganized religious dietary laws, to the extent that the state veterinarian determines necessary to avoid conflict with such requirements while still effectuating the purposes of this subdivision;
       (c) The slaughtering by any person of poultry of his or her own raising, and the processing by him or her and transportation of the poultry products exclusively for use by him or her and members of his or her household and his or her nonpaying guests and employees;
       (d) The custom slaughter by any person of poultry delivered by the owner thereof for such slaughter, and the processing by such slaughterer and transportation of the poultry products exclusively for use, in the household of such owner, by him or her and members of his or her household and his or her nonpaying guests and employees, provided that such custom slaughterer does not engage in the business of buying or selling any poultry products capable of use as human food;
       (e) The slaughtering and processing of poultry products by any poultry producer on his or her own premises with respect to sound and healthy poultry raised on his or her premises and the distribution by any person of the poultry products derived from such operations, if, in lieu of other labeling requirements, such poultry products are identified with the name and address of such poultry producer, and if they are not otherwise misbranded, and are sound, clean, and fit for human food when so distributed; and
       (f) The slaughtering of sound and healthy poultry or the processing of poultry products of such poultry by any poultry producer or other person for distribution by him or her directly to household consumers for use in their own dining rooms, or in the preparation of meals for sales direct to consumers, if, in lieu of other labeling requirements, such poultry products are identified with the name and address of the processor, and if they are not otherwise misbranded and are sound, clean, and fit for human food when distributed by such processor.
    V. In addition to the specific exemptions authorized in paragraph IV, the state veterinarian shall, when he or she determines that the protection of consumers from adulterated or misbranded poultry products will not be impaired by such action, provide by rules adopted pursuant to RSA 541-A, consistent with paragraph VI, for the exemption of the operation and products of small enterprises, including poultry producers, not exempted under subparagraph IV(a), which are engaged in slaughtering or cutting up poultry, or both, for distribution as carcasses or parts thereof solely for distribution within this state, from such provisions of this subdivision as he or she deems appropriate, while still protecting the public from adulterated or misbranded products, under such conditions, including sanitary requirements, as he or she shall prescribe to effectuate the purposes of this subdivision.
    VI. The exemptions provided for in subparagraphs IV(e) and (f) shall not apply if the poultry producer or other person engages in the current calendar year in the business of buying or selling any poultry or poultry products other than as specified in such subparagraphs. No exemption under subparagraphs IV(e) and (f) or paragraph V shall apply to any poultry producer or other person who slaughters or processes the products of more than 5,000 turkeys or an equivalent number of poultry of all species in the current calendar year, provided that 4 birds of other species shall be deemed the equivalent of one turkey.
    VII. The provisions of this subdivision requiring inspection shall not apply to operations of types traditionally and usually conducted at retail food stores as defined in RSA 143-A:3, VII and restaurants, when conducted at any retail store or restaurant or similar retail-type establishment for sale in normal retail quantities or service of such articles to consumers at such establishments, if no poultry or poultry products are processed at the establishment for distribution outside this state or otherwise subject to inspection under the Federal Poultry Products Inspection Act.
    VIII. The provisions of this subdivision shall not apply to poultry producers with respect to poultry of their own raising on their own farms if:
       (a) Such producers slaughter not more than 250 turkeys or not more than an equivalent number of birds of all species during the calendar year for which this exemption is being determined, provided that 4 birds of other species shall be deemed the equivalent of one turkey;
       (b) Such poultry producers do not engage in buying or selling poultry products other than those produced from poultry raised on their own farms; and
       (c) Such poultry moves only in intrastate commerce.
    IX. The adulteration and misbranding provisions of this subdivision, other than the requirement of the inspection legend, shall apply to articles which are exempted from inspection under this section, except as otherwise specified under paragraph IV, V, or VIII.
    X. The state veterinarian may by order suspend or terminate any exemption under paragraph IV or V of this section with respect to any person whenever he or she finds that such action will aid in effectuating the purposes of this subdivision.
    XI. A consumer may register a complaint against an exempt poultry producer by contacting the department of agriculture, markets and food. If the department of agriculture, markets and food receives a complaint about an exempt poultry producer, the department of agriculture, markets and food shall inspect the premises of the poultry producer.

Source. 1985, 72:1, eff. July 1, 1985. 2011, 130:4, eff. Aug. 5, 2011.