HB 608 – AS INTRODUCED
2013 SESSION
08/03
HOUSE BILL 608
AN ACT relative to the slaughter of poultry and rabbits.
SPONSORS: Rep. C. McGuire, Merr 29; Rep. Comtois, Belk 7; Rep. Sad, Ches 1; Rep. Jones, Straf 24; Sen. Cataldo, Dist 6
COMMITTEE: Environment and Agriculture
This bill regulates the slaughter of rabbits and allows the sale of certain poultry and rabbits to restaurants in New Hampshire.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
13-0077
08/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Thirteen
AN ACT relative to the slaughter of poultry and rabbits.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Definition of Livestock; Rabbits. Amend RSA 427:2, XVIII to read as follows:
XVIII. “Livestock” means cattle, sheep, swine, poultry, rabbits, goats, horses, mules, and other equines.
2 Exemption from Examination and Inspection. Amend RSA 427:4 to read as follows:
427:4 Examination and Inspection.
I. For the purpose of preventing the use in commerce of meat and meat food products which are adulterated, the commissioner shall certify meat inspectors to conduct:
[I.] (a) An examination and inspection of all livestock before they shall be allowed to enter into any slaughtering establishment in this state in which slaughtering and preparation of meat and meat food products of such animals are conducted solely for commerce:
[(a)] (1) All livestock found on such inspection to show symptoms of disease shall be set apart and slaughtered separately from all other livestock; and
[(b)] (2) When so slaughtered, the carcasses of said livestock shall be subject to a careful examination and inspection, all as provided by the rules adopted by the commissioner pursuant to RSA 541-A.
[II.] (b) A postmortem examination and inspection of the carcasses and parts thereof of all livestock capable of use as human food, to be prepared at any slaughtering[,] establishment in this state in which such articles are prepared solely for intrastate commerce, and interstate commerce when authorized. After the examination:
[(a)] (1) The carcasses and parts thereof of all such animals found to be not adulterated shall be marked, stamped, tagged, or labeled, as “New Hampshire Inspected and Passed” and all carcasses and parts thereof of animals found to be adulterated shall be marked, stamped, tagged, or labeled as “New Hampshire Inspected and Condemned”;
[(b)] (2) All carcasses and parts thereof thus inspected and condemned shall be destroyed for food purposes by the establishment in the presence of an inspector;
[(c)] (3) Said inspectors, after the first inspection, shall, when they deem it necessary, reinspect the carcasses or parts thereof to determine whether, since the first inspection, the same have become adulterated. If any carcass or any part thereof shall, upon examination and inspection subsequent to the first examination and inspection, be found to be adulterated, it shall be destroyed for food purposes by the establishment in the presence of an inspector; and
[(d)] (4) The commissioner may remove inspectors from any establishment which fails to destroy any such condemned carcass or part thereof when the requirements of either subparagraph [II(b) or (c)] I(b)(2) or (3) have not been observed.
[III.] (c) An examination and inspection of all meat food products prepared in any slaughtering establishment, where such articles are prepared solely for commerce.
[IV.] II. The slaughter of certain poultry and rabbits under RSA 427:16 shall be exempted from this section.
3 Exemption for Slaughter of Certain Rabbits. Amend RSA 427:9 to read as follows:
427:9 Times of Examination and Inspection. A certified meat inspector shall be present in all establishments at any time during which livestock are slaughtered for the purposes of commerce, except exempted slaughter of certain poultry and rabbits under RSA 427:16.
4 Exemption for Slaughter and Sale of Certain Rabbits. Amend RSA 427:16, IV-VIII to read as follows:
IV. For poultry or rabbits 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, rabbits, or rabbit products, solely for intrastate commerce and distribution of poultry products or rabbit products only in such commerce:
(a) Retail dealers with respect to poultry products or rabbit 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 rabbit 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, rabbits, or rabbit 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 or rabbits of his or her own raising, and the processing by him or her and transportation of the poultry products or rabbit 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 or rabbits delivered by the owner thereof for such slaughter, and the processing by such slaughterer and transportation of the poultry products or rabbit 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 or rabbit products capable of use as human food;
(e) The slaughtering and processing of poultry products by any poultry producer or rabbit products by any rabbit producer on his or her own premises with respect to sound and healthy poultry or rabbits raised on his or her premises and the distribution by any person of the poultry products or rabbit products derived from such operations, if, in lieu of other labeling requirements, such poultry products or rabbit products are identified with the name and address of such poultry producer or rabbit 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 rabbits or the processing of poultry products or rabbit products of such poultry or rabbits by any poultry producer or rabbit 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 or rabbit 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. Producers may sell their poultry, poultry products, rabbits, or rabbit products to restaurants, hotels, and boarding houses for use in the preparation of meals for sales directly to customers, if such producers produce 1,000 or fewer rabbits or poultry per year.
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 or rabbit 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 or rabbit producers, not exempted under subparagraph IV(a), which are engaged in slaughtering or cutting up poultry or rabbits, 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, rabbit producer, or other person engages in the current calendar year in the business of buying or selling any poultry, [or] poultry products, rabbits, or rabbit 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, rabbits, or rabbit 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.
VIII-a. The provisions of this subdivision shall not apply to rabbit producers with respect to rabbits of their own raising on their own farms if:
(a) Such producers slaughter not more than 1,000 rabbits during the calendar year for which this exemption is being determined;
(b) Such rabbit producers do not engage in buying or selling rabbit products other than those produced from rabbits on their own farms; and
(c) Such rabbit products move only in intrastate commerce.
5 Effective Date. This act shall take effect January 1, 2014.