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
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]
If you have any questions or comments on the Poultry Processing Map or Chart, please contact us.