State-by-State* Review of On-Farm Poultry Processing Laws
- Adopted 1,000- & 20,000-bird exemption
- Adopted only 1,000-bird exemption
- Modified exemption
“Exemption” means exempt from the requirement that an inspector be present when slaughtering and processing is taking place; it does not mean being exempt from any regulation.
* Specific requirements for on-farm poultry processing may vary by state.
Copyright © 2024 Farm-to-Consumer Legal Defense Fund, farmtoconsumer.org. The map is the property of the Farm-to-Consumer Legal Defense Fund. This map may not be reproduced or altered without the express, written permission of FTCLDF, and if permission is granted all reproductions must cite FTCLDF as the source of the original material. This map is not intended to be used as or construed as legal advice.
States have the option of adopting the 1,000-bird exemption, the 20,000-bird exemption, both, or neither.
Read “Introduction to the On-Farm Poultry Processing Map” for the criteria to qualify for the Producer/Grower exemptions.
Producers under the 1,000-bird exemption slaughter and process on their own premises no more than 1,000 birds of their own raising in a calendar year for distribution as human food. Producers under the 20,000-bird exemption slaughter and process on their own premises no more than 20,000 birds of their own raising in a calendar year for distribution as human food.
RESOURCES
USDA-FSIS. Guidance for Determining Whether a Poultry Slaughter or Processing Operation is Exempt from Inspection Requirements of the Poultry Products Inspection Act. Revision 1, April 2006. Retrieved 7/31/2014 online from http://sustainagga.caes.uga.edu/documents/USDAPoultry_Slaughter_Exemption_0406.pdf Click here to view document
Niche Meat Processor Assistance Network (NMPAN). Guide to State Poultry Processing Regulations. Version October 2015. Retrieved online from http://articles.extension.org/sites/default/files/NMPAN_State_Poultry_Regs_October_2015.pdf Click here to view document
BY STATE – LEGALITY OF ON-FARM POULTRY SALES/DISTRIBUTION
The On-Farm Poultry Processing Chart has three categories: one noting whether the state allows open-air poultry processing, another listing the venues a producer processing poultry on the farm can sell to, and a third category detailing state licensing requirements for on-farm poultry processing.
United States Department of Agriculture (USDA) officials have stated that open-air poultry slaughtering and processing can be in compliance with the law1, so unless a state agency official specifically said otherwise during the compiling of information for this chart, states that have adopted federal guidelines for USDA facility requirements are regarded as allowing open-air poultry processing.
The federal regulation governing on-farm poultry processing allows those under the producer/grower 1,000 and 20,000 bird exemption to sell in intrastate commerce to hotels, restaurants, and institutions (known as HRI) and also to retail stores in addition to direct-to-consumer sales. Institutions, according to USDA, includes schools, hospitals, and nursing homes.2
| State / USDA | Statute or Regulation | Level of Federal Exemption | Facility Requirements | Sales Venues | Licensing Requirements* |
|---|---|---|---|---|---|
| USDA | 9 CFR 381.10 | 1,000 & 20,000 | None; slaughter and processing are conducted under sanitary standards, practices, and procedures that produce poultry products that are not adulterated | Direct to consumers, retail stores, hotels, restaurants, and institutions. | None |
| Alabama | Code of Alabama § 2-17-27 | 1,000 & 20,000 | As prescribed by the state commissioner. | Direct to household consumers and HRI. | Encouraged but not required to register with the state. |
| Alaska | None found | 1,000 & 20,000 | Federal guidelines. | Direct to household consumers and HRI. | None. |
| Arizona | A.R.S. § 3-2162 | 1,000 & 20,000 | Federal guidelines. | Retail stores, households, HRI. | None. |
| Arkansas | A.C.A. § 20-60-216 | 1,000 & 20,000 | Federal guidelines. | Federal guidelines. | None. |
| California | CA Food and Ag Code §18812 | 1,000 & 20,000 | Federal guidelines. | State exemptions limit sales venues: If processed by producer or immediate family member, then can sell at retail stand operated by the producer (on farm or off), or directly to consumers at home. If processed by non-family member, then can only sell from the farm to household consumers. | Must register with state for 20,000 exemption; county level regulations may also apply. |
| Colorado | C.R.S. §35-33-107 | 1,000 & 20,000 | Federal guidelines. | Direct to individual consumers (on farm or off). | Must register with state for 20,000 exemption (CDA Meat Processor License) |
| Connecticut | Conn. Gen. Stat. §22-326t | 1,000 & 20,000 | Federal guidelines. | Direct to individual consumers (on farm or off). | None required. But for sales other than direct to individual consumers (i.e. to wholesale, retailers, restaurants), must apply for state Small Poultry Processor Inspection Program |
| Delaware | 3 Del. C §8708 | 1,000 & 20,000 | Federal guidelines. | Federal guidelines. | None. |
| Florida* | Rule 5K-4.033 | 1,000 & 20,000 | Federal guidelines. | Stand, farmers or similar open air market, direct delivery to individual consumer and HRI, but no retail. | Limited Poultry & Egg Farm Operation Permit required. |
| Georgia* | None found | 1,000 & 20,000 | No open air (https://agr.georgia.gov/small-poultry-exemption-guidelines) | Fresh from farm within 48 hours of processing, otherwise frozen. Off farm sales must be frozen and require mobile meat license from GA Food Safety Division. | License from Georgia Department of Agriculture required. $100 annually. |
| Hawaii | HRS § 161-29 | 1,000 & 20,000 | Federal guidelines. | Federal guidelines. | Permit from the Board of Agriculture required (161-29e). |
| Idaho* | Idaho Food, Drug and Cosmetic Act 37-122 (addressing adulterated food) | 1,000 & 20,000 | No open air (see guidance doc). | No interstate sales. | Permit from district health department required. |
| Illinois | 225 ILCS 650/5 | 5,000 | Sanitary facilities subject to periodic inspection by State. | Sales from farm only. | Written request for exemption must be submitted to the Dept of Ag |
| Indiana | Burns Ind. Code Ann. §15-17-5-11 | 1,000 & 20,000 | Federal guidelines. | Direct to consumer via sales at farm, farmers' markets, roadside stands, and delivery. Limited number of permits available for expanded retail sales. | Permit required from Board of Animal Health. |
| Iowa | Iowa Code §189A.4 | 1,000 & 20,000 | Federal guidelines. | 1,000 to consumers only. | License required for 20,000. |
| Kansas | K.S.A. §65-6a31 | 1,000 & 20,000 | Federal guidelines. | 1,000 from farm only. See state guidance materials for full explanation. | Registration with State Dept of Ag required for any exemption other than personal use or 1,000 birds. |
| Kentucky* | KY Fod, Drug and Cosmetic Act | 1,000 & 20,000 | Refrigeration required for transport/shading required for sales at farmers markets. | Guidance is unclear. | Kentucky Food Safety Branch guidance requires USDA exempt processers to comply with state requirements. Still must use one of their approved processing methods and obtain a $50 annual permit. See language and link in guidance document. |
| Louisiana | La. R.S. §3:4216 | 1,000 & 20,000 | Federal guidelines. | Federal guidelines (no interstate for exempted product). | None. |
| Maine | 22 M.R.S. §2517-C | 1,000 & 20,000 | Under the 20,000 exemption, the producer’s facilities conform to the rules of the department governing food processing and manufacturing, including a: (1) Separate area for slaughter, bleeding and defeathering; (2) Separate area for evisceration and cooling; and (3) Water supply that is tested twice annually for nitrates, nitrites and coliforms. | 1,000 exemption only for whole birds, sold in state. | Registration required for 1,000. Commercial license required for 20,000. |
| Maryland* | MD Agrculture Code §4-217 | 1,000 & 20,000 | Federal guidelines. | Can only sell directly to consumers from the farm because MDA guidance says uninspected processors are not approved sources. | To sell anywhere intrastate, must register and attend training. |
| Massachusetts | Mass General Law 94 § 130 | 1,000 & 20,000 | Federal guidelines. | Federal guidelines. | License required from Massachusetts Department of Public Health. |
| Michigan | None found. | 1,000 & 20,000 | Federal guidelines. | Federal guidelines. | Required to get processing license from MDARD. |
| Minnesota | MN St. §31A.15 | 1,000 & 20,000 | Determined by commissioner. | Federal guidelines. | Encouraged but not required to register with the state. |
| Mississippi | Miss Code §75-33-3(4) | 1,000 & 20,000 | Federal guidelines. | On farm or delivered to customer's home only. | 1,000 can apply online. 20,000 must call meat inspection division to set up meeting. |
| Missouri | Rev Statutes of MO 17 § 265.320 | 1,000 & 20,000 | Federal guidelines. | Federal guidelines. | None, but those using exemptions are subject to periodic reviews. |
| Montana | 81-9-218, Montana Code Annotated | 1,000 only | Federal guidelines. | Federal guidelines. | None. |
| Nebraska | Nebraska Revised Statute 54 § 1908-9 | 1,000 & 20,000 | Federal guidelines. | Federal guidelines. | License required per 54 § 1509. |
| Nevada | Nevada Revised Statutes § 583.255- | 1,000 & 20,000 | Federal guidelines. | Federal guidelines. | State permit required per NRS §583.085. |
| New Hampshire | NH Rev Statutes 40 § 427:2-a, RSA 428, AG Rules § 1600 | 1,000 & 20,000 | Federal guidelines. | Direct to consumer including HRI. | Registration and proof of training required. See guidance. |
| New Jersey* | NJ Rev Statutes 24 § 16B-42 | 1,000 & 20,000 | Federal guidelines. | Federal guidelines. | Yes, but process to obtain license is unclear. |
| New Mexico | None found | 1,000 & 20,000 | Federal guidelines. | Federal guidelines. | None. |
| New York | Cons Laws of New York Chapter 69 5D-§96-z-28 | 1,000 & 20,000 | Federal guidelines. | Only from farm or at farmer's markets unless 5A License holder. | 5A License required for 20,000 exemption. New York Department of Agriculture and Markets. |
| North Carolina | NC Gen Statutes 106 § 549.62 | 1,000 & 20,000 | Federal guidelines. | Direct to consumers, HRI. Subject to labelling, sanitation, and record-keeping requirements. | Permit required from county environmental health department. |
| North Dakota | ND Century Code § 4.1-31-10 | 1,000 & 20,000 | Federal guidelines. | Direct to consumer on the farm and from farmer's markets. 20,000 subject to sanitation and record keeping inspection. | Required to register with North Dakota Department of Agriculture Meat and Poultry Inspection Program. |
| Ohio | OH Rev Code 9 § 918.27 | 1,000 & 20,000 | Federal guidelines. | 1,000 - Direct to consumer, hotels, restaurants, institutions. 20,000 - Direct to consumer, hotels, restaurants, institutions. | License required for 20,000. $100 annually, expiring on March 31 each year. |
| Oklahoma* | OK Poultry Inspections Act 2 Ok Statutes § 6-265; OK Dept of Ag, Food and Forestry Rules 35:37-5-2 | 1,000 & 10,000 | Federal guidelines. | 1,000 - only to consumers directly 10,000 - to consumers including HRI | License required. |
| Oregon (law effective Jan. 1, 2024) | OR Revised Statutes § 603.038 | 1,000 only | Federal guidelines. | Federal guidelines. | No ODA license required for 1,000. |
| Pennsylvania | 31 PA Statues 483.3 | 1,000 & 20,000 | No outdoor. | Retail sales only allowed by the producer, no HRI. Intrastate only. | State enforces the 1,000 exemption and requires a license; state leaves enforcement of the 20,000 exemption to the USDA. |
| Rhode Island | None found | 1,000 & 20,000 | Federal guidelines. | Federal guidelines. | None. |
| South Carolina | S.C. Code Ann. § 47-19-140 | 1,000 & 20,000 | Federal guidelines. | Direct to consumers and HRI. | No permit required for exempted producers (S.C. Code Ann. § 47-19-35). |
| South Dakota | None found | 1,000 & 20,000 | Federal guidelines. | Federal guidelines. | None. |
| Tennessee | Tennessee Code Annotated § 53-7-201 | 1,000 & 20,000 | Federal guidelines. | Retail sales allowed; can only cut up but not process at the retail site. | None. |
| Texas | Tex. Health & Safety Code § 433.006 | 1,000 & 10,000 | Federal guidelines for 1,000 birds. State approval for 10,000 birds. | 1,000 bird exemption, no registration. Can only sell direct-to-consumer. 10000 birds, need to register with state and obtain state approval of SOPP (Sanitary Standards Operating Procedures). | 1,000 bird exemption, no registration. Can only sell direct-to-consumer. 10,000 birds, need to register with state and obtain state approval of SOPP (Sanitary Standards Operating Procedures). |
| Utah | Utah Code Ann. § 4-32-106; UT Admin Rules R58-11-8 | 1,000 & 20,000 | A "fixed establishment" is required under the 20,000 exemption. | Federal guidelines. | The state maintains a registry of those operating under the exemptions. |
| Vermont | 6 V.S.A. § 3312 | 1,000, 5,000, & 20,000 | Under the 5,000 exemption, "sanitary standards" indicate that poultry be "slaughtered in a facility soundly constructed…"; For 20,000 birds, federal standards apply | Direct to consumers from the farm or at farmers markets, or to a restaurant licensed by the Dept of Health. The requirement that birds can only be sold whole has been removed under the new 2024 law. | None. |
| Virginia | Va. Code Ann. § 3.2-5418 | 1,000 & 20,000 | Federal guidelines. | Federal guidelines. | Registration with the state. |
| Washington | Rev. Code Wash. (ARCW) § 69.07.103 | 1,000 only (food processor license, inspection, etc. required for up to 20,000 birds) | Outdoor is okay. | Direct to consumer from farm only. | Permit for 1,000 to be exempt from all regs. $75 for one year, $125 for two years. |
| West Virginia | W. Va. Code § 19-2B-8 | 1,000 & 20,000 | Federal guidelines. | Federal guidelines. | Voluntary exemption registration available. |
| Wisconsin | Wis. Stat. § 97.42 | 1,000 & 20,000 | Federal guidelines. | Federal guidelines. | None. |
| Wyoming | Wyo. Stat. § 11-49-103 | 1,000 only | Federal guidelines. | Farm, farmer's market, or any location expressly agreed to by the end customer. Must disclose that meat is not inspected. Physical separation, coolers required. | Guidance unclear. |
November 7, 2023
Copyright © 2010-2023 Farm-to-Consumer Legal Defense Fund www.farmtoconsumer.org. The chart is the property of the Farm-to-Consumer Legal Defense Fund. This chart may not be reproduced or altered without the express, written permission of FTCLDF, and if permission is granted, all reproductions must cite FTCLDF as the source of the original material. This chart is not intended to be used as or construed as legal advice.
*Our interpretation is based on agency guidance, not a rule or regulation. Please call to discuss.
All “licenses” and “permits” are for the corresponding state except for those specifically stated otherwise. Also, “Department of Agriculture” refers to each state’s Department of Agriculture.
Maryland: “The program MDA [Maryland Department of Agriculture] offers is voluntary for poultry producers operating under either the 1,000 or 20,000 level so that is why we call it a certificate of compliance. Our State Health Department does not consider them an approved source since they are not inspected by FSIS and they can’t sell anywhere but directly to consumers on the farm because of State Health’s interpretation of an approved source. MDA’s program issues a certificate of compliance after label approval and inspection that makes them an approved source and they can sell their product to restaurants, other retailers and farmers markets in Maryland rather than just directly to consumers on the farm. So regardless of the number of poultry 1,000 or 20,000, they only have to participate in the MDA program if they want to sell anywhere but directly to the consumer on the farm.” Deanna Baldwin – MDA
New Jersey: Local health departments have jurisdiction over processing operations under the poultry exemption if the producer sells only direct-to-consumers. If the producer sells wholesale, the State Health Department has jurisdiction.
GLOSSARY
CGMP – Current Good Manufacturing Practices
Consumer – end user of the product
CSA – Community Supported Agriculture
Exemption – exempt from the requirement that an inspector be present when slaughtering and processing is taking place; it does not mean being exempt from any regulation
FSIS – Food Safety Inspection Service; a division of USDA that has jurisdiction over meat and poultry slaughter and processing
HACCP – Hazard Analysis Critical Control Point
HRI – hotels, restaurants, and institutions
Institutions – according to USDA, includes schools, hospitals, and nursing homes
FOOTNOTES
1USDA-FSIS Policy Development Staff. On-farm Poultry Slaughter/Processing [Incident: 150730000107]. Response via email July 31, 2015. [PDF]
2USDA-FSIS Policy Development Staff. On-farm Poultry Sales to Institutions [Incident: 160927-000065]. Response via AskFSIS September 28, 2016. [PDF]
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