
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 21USC623]

 
                        TITLE 21--FOOD AND DRUGS
 
                       CHAPTER 12--MEAT INSPECTION
 
   SUBCHAPTER I--INSPECTION REQUIREMENTS; ADULTERATION AND MISBRANDING
 
Sec. 623. Exemptions from inspection requirements


(a) Personal slaughtering and custom slaughtering for personal, 
        household, guest, and employee uses

    The provisions of this subchapter 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 for commerce shall not apply to the slaughtering by any 
person of animals of his own raising, and the preparation by him and 
transportation in commerce of the carcasses, parts thereof, meat and 
meat food products of such animals exclusively for use by him and 
members of his household and his nonpaying guests and employees; nor to 
the custom slaughter by any person, firm, or corporation of cattle, 
sheep, swine or goats delivered by the owner thereof for such slaughter, 
and 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 and 
members of his household and his nonpaying guests and employees; nor to 
the custom preparation by any person, firm, or corporation of carcasses, 
parts thereof, meat or meat food products, derived from the slaughter by 
any person of cattle, sheep, swine, or goats of his own raising, or from 
game animals, delivered by the owner thereof for such custom 
preparation, and transportation in commerce of such custom prepared 
articles, exclusively for use in the household of such owner, by him and 
members of his household and his nonpaying guests and employees: 
Provided, That in cases where such person, firm, or corporation engages 
in such custom operations at an establishment at which inspection under 
this subchapter is maintained, the Secretary may exempt from such 
inspection at such establishment any animals slaughtered or any meat or 
meat food products otherwise prepared on such custom basis: Provided 
further, That custom operations at any establishment shall be exempt 
from inspection requirements as provided by this section only if the 
establishment complies with regulations which the Secretary is hereby 
authorized to promulgate to assure that any carcasses, parts thereof, 
meat or meat food products wherever handled on a custom basis, or any 
containers or packages containing such articles, are separated at all 
times from carcasses, parts thereof, meat or meat food products prepared 
for sale, and that all such articles prepared on a custom basis, or any 
containers or packages containing such articles, are plainly marked 
``Not for Sale'' immediately after being prepared and kept so identified 
until delivered to the owner and that the establishment conducting the 
custom operation is maintained and operated in a sanitary manner.

(b) Territorial exemption; refusal, withdrawal, or modification

    The Secretary may, under such sanitary conditions as he may by 
regulations prescribe, exempt from the inspection requirements of this 
subchapter the slaughter of animals, and the preparation of carcasses, 
parts thereof, meat and meat food products, by any person, firm, or 
corporation in any Territory not organized with a legislative body 
solely for distribution within such Territory when the Secretary 
determines that it is impracticable to provide such inspection within 
the limits of funds appropriated for administration of this chapter and 
that such exemption will otherwise facilitate enforcement of this 
chapter. The Secretary may refuse, withdraw, or modify any exemption 
under this subsection in his discretion whenever he determines such 
action is necessary to effectuate the purposes of this chapter.

(c) Pizzas containing meat food products

    (1) Under such terms and conditions as the Secretary shall prescribe 
through rules and regulations issued under section 624 of this title 
that may be necessary to ensure food safety and protect public health 
such as special handling procedures, the Secretary shall exempt pizzas 
containing a meat food product from the inspection requirements of this 
chapter if--
        (A) the meat food product components of the pizzas have been 
    prepared, inspected, and passed in a cured or cooked form as ready-
    to-eat in compliance with the requirements of this chapter; and
        (B) the pizzas are to be served in public or private nonprofit 
    institutions.

    (2) The Secretary may withdraw or modify any exemption under this 
subsection whenever the Secretary determines such action is necessary to 
ensure food safety and to protect public health. The Secretary may 
reinstate or further modify any exemption withdrawn or modified under 
this subsection.

(d) Adulteration and misbranding provisions applicable to inspection-
        free articles

    The adulteration and misbranding provisions of this subchapter, 
other than the requirement of the inspection legend, shall apply to 
articles which are exempted from inspection or not required to be 
inspected under this section.

(Mar. 4, 1907, ch. 2907, title I, Sec. 23, formerly 21st, 22nd pars., 34 
Stat. 1265; June 29, 1938, ch. 810, 52 Stat. 1235; renumbered Sec. 23 
and amended Pub. L. 90-201, Secs. 1, 11, Dec. 15, 1967, 81 Stat. 584, 
591; Pub. L. 91-342, July 18, 1970, 84 Stat. 438; Pub. L. 102-237, title 
X, Sec. 1016(a), Dec. 13, 1991, 105 Stat. 1902.)

                          Codification

    Section was formerly classified to sections 91 and 92 of this title.


                               Amendments

    1991--Subsecs. (c), (d). Pub. L. 102-237 added subsec. (c) and 
redesignated former subsec. (c) as (d).
    1970--Subsec. (a). Pub. L. 91-342 changed proviso so as to permit 
custom slaughterers to conduct a separate inspected meat business, 
continued the exemption for owners to slaughter and process their own 
animals for their own use, authorized the Secretary to exempt custom 
slaughtering and processing performed by an inspected establishment, and 
required that custom slaughtered articles be clearly marked ``not for 
sale''.
    1967--Pub. L. 90-201, Sec. 11, substituted provisions for personal, 
custom, and territorial slaughtering exemptions and for application of 
adulteration and misbranding provisions to inspection-free articles for 
farmer definition and retail butcher and retail dealer exemption 
provisions.
    1938--Act June 29, 1948, amended section generally.


                    Effective Date of 1967 Amendment

    Amendment by Pub. L. 90-201 effective upon expiration of sixty days 
after Dec. 15, 1967, see section 20(c) of Pub. L. 90-201, set out as an 
Effective Date note under section 601 of this title.


                               Regulations

    Secretary to issue final rules no later than Aug. 1, 1992, to 
implement exemption authorized by subsec. (c) of this section, see 
section 1016(c) of Pub. L. 102-237, set out as a note under section 464 
of this title.
