Tennessee § 53-7-209 - Exemptions.

§ 53-7-209. Exemptions.

The commissioner shall, by regulation and under conditions as to labeling, and sanitary standards, practices, and procedures that the commissioner may prescribe, exempt from specific provisions of this part: Livestock producers and poultry producers with respect to livestock and poultry carcasses and parts of livestock and poultry carcasses, meat food products, and poultry products, processed by them from livestock or poultry of their own raising on their own farms, for their own consumption, the excess of which may be sold directly to consumers; Retail dealers with respect to meat and meat food products sold directly to consumers in individual retail stores; and retail dealers with respect to poultry products sold directly to consumers in individual retail stores, if the only processing operation performed by the retail dealers with respect to poultry is the cutting up of poultry products on the premises where the sales to consumers are made; Any person engaged in slaughtering livestock or poultry or processing livestock or poultry carcasses or parts of livestock or poultry carcasses, meat food products, or poultry products for intrastate commerce, and the articles so processed by the person, whenever the commissioner determines that it would be impracticable to provide inspection and the exemption will aid in the effective administration of this part; Persons slaughtering livestock or poultry or otherwise processing or handling livestock or poultry carcasses or parts of livestock or poultry carcasses, meat food products, or poultry products, that have been or are to be processed as required by recognized religious dietary laws, to the extent that the commissioner determines is necessary to avoid conflict with the requirements while still effectuating the purposes of this part; Poultry producers and growers acting in compliance with exemptions established in the federal Poultry Products Inspection Act (21 U.S.C. § 451 et seq.); and Livestock producers acting in compliance with exemptions established in the federal Meat Inspection Act. The department of agriculture shall maintain on its website information for livestock producers concerning the federal exemptions for livestock slaughter and processing to provide guidance as to the requirements for each federal exemption and its limitations. The commissioner may by order suspend or terminate any exemption under this section with respect to any person whenever the commissioner finds that the suspension or termination will aid in effectuating the purposes of this part. This part shall not apply to or affect the slaughter of swine or cattle or the processing of swine, deer, or cattle by or for individuals for their consumption at custom processing plants. The department of agriculture shall maintain on the web site of the department information for poultry producers and growers concerning the federal exemptions for poultry slaughter and processing. Such information shall provide guidance as to the requirements for each exemption and the limitations thereto. Acts 1967, ch. 99, § 9; 1969, ch. 45, § 1; T.C.A., § 52-923; Acts 2007, ch. 421, § 15; 2014, ch. 523, §§ 1, 2; 2017, ch. 386, § 1. Compiler's Notes. Acts 2007, ch. 421, § 20 provided that the commissioner of agriculture is authorized to promulgate rules and regulations to effectuate the purposes of the act. The rules and regulations shall be promulgated in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Amendments. The 2014 amendment added (a)(5) and (d). The 2017 amendment added (a)(6). Effective Dates. Acts 2014, ch. 523, § 3. March 12, 2014. Acts 2017, ch. 386, § 2. May 18, 2017. Cross-References. Information for poultry producers and growers concerning federal exemptions on department website, § 4-3-206 . Penalty for violation of section, § 53-7-210 . Attorney General Opinions. For purposes of T.C.A. § 53-7-202(6) , as long as the owners for whom a custom slaughterer slaughters or processes an animal or animals do not constitute a commercial outlet and do not sell or offer for sale the slaughtered animal through a commercial outlet, there is no limit on the number of owners for whom a custom slaughterer may legally slaughter and process an animal or animals. As long as the owners for whom a custom slaughterer slaughters or processes an animal do not constitute a commercial outlet and do not sell or offer for sale the slaughtered animal through a commercial outlet, the owner of the animal may be a group. Furthermore, T.C.A. § 53-7-209(a)(1) does not require an ownership interest in an animal, merely that it be livestock or poultry of their own raising on their own farms, for their own consumption. The statute likewise does not restrict the number or type of owners or the type or number of partial owners of an animal. OAG 17-11, 2017 Tenn. AG LEXIS 11 (2/17/2017).