§ 106-549.62. Intrastate operations exemptions. - North Carolina Statutes

§ 106‑549.62. Intrastate operations exemptions.

(a)        The Board shall, byregulation and under such conditions, including requirements, as to sanitarystandards, practices, and procedures as it may prescribe, exempt from specificprovisions of this Article with respect to processing of poultry or poultryproducts solely for intrastate commerce and distribution of poultry or poultryproducts only in such commerce:

(1)        Retail dealers withrespect to poultry products sold directly to consumers in individual retailstores, if the only processing operation performed by such retail dealers isthe cutting up of poultry products on the premises where such sales toconsumers are made;

(2)        For such period oftime as the Commissioner determines that it would be impracticable to provideinspection and the exemption will aid in the effective administration of thisArticle, any person engaged in the processing of poultry or poultry productsand the poultry or poultry products processed by such person: Provided,however, that no such exemption shall continue in effect more than 120 daysafter enactment of this Article;

(3)        Personsslaughtering, processing, or otherwise handling poultry or poultry productswhich have been or are to be processed as required by recognized religiousdietary laws, to the extent that the Commissioner determines necessary to avoidconflict with such requirements while still effectuating the purposes of thisArticle;

(4)        The slaughtering byany person of poultry of his own raising, and the processing by him andtransportation of the poultry products exclusively for use by him and membersof his household and his nonpaying guests and employees;

(5)        The custom slaughterby any person of poultry delivered by the owner thereof for such slaughter, andthe processing by such slaughterer and transportation of the poultry productsexclusively for use, in the household of such owner, by him and members of hishousehold and his nonpaying guests and employees: Provided, that such customslaughterer does not engage in the business of buying or selling any poultryproducts capable of use as human food;

(6)        The slaughtering andprocessing of poultry products by any poultry producer on his own premises withrespect to sound and healthy poultry raised on his premises and thedistribution by any person of the poultry products derived from suchoperations, if, in lieu of other labeling requirements, such poultry productsare identified with the name and address of such poultry producer, and if theyare not otherwise misbranded, and are sound, clean, and fit for human food whenso distributed; and

(7)        The slaughtering ofsound and healthy poultry or the processing of poultry products of such poultryby any poultry producer or other person for distribution by him directly to householdconsumers, restaurants, hotels, and boardinghouses, for use in their own diningrooms, or in the preparation of meals for sales direct to consumers, if, inlieu of other labeling requirements, such poultry products are identified withthe name and address of the processor, and if they are not otherwise misbrandedand are sound, clean, and fit for human food when distributed by suchprocessor.

(b)        In addition to thespecific exemptions authorized in subsection (a), the Board shall, when itdetermines that the protection of consumers from adulterated or misbrandedpoultry products will not be impaired by such action, provide by regulation,consistent with subsection (c) for the exemption of the operation and productsof small enterprises (including poultry producers), not exempted undersubsection (a), which are engaged in slaughtering and/or cutting up poultry fordistribution as carcasses or parts thereof, solely for distribution within thisState, from such provisions of this Article as it deems appropriate, whilestill protecting the public from adulterated or misbranded products, under suchconditions, including sanitary requirements, as it shall prescribe toeffectuate the purposes of this Article.

(c)        The exemptionsprovided for in subdivisions (a)(6) and (7) above shall not apply if thepoultry producer or other person engages in the current calendar year in thebusiness of buying or selling any poultry or poultry products other than asspecified in such subdivisions. No exemption under subdivisions (a)(6) or (7)or subsection (b) shall apply to any poultry producer or other person whoslaughters or processes the products of more than 20,000 birds of all speciesduring the calendar year for which this exemption is being applied.

(d)        The provisions ofthis Article requiring inspection shall not apply to operations of typestraditionally and usually conducted at retail stores and restaurants, whenconducted at any retail store or restaurant or similar retail‑typeestablishment for sale in normal retail quantities or service of such articlesto consumers at such establishments, if no poultry or poultry products areprocessed at the establishment for distribution outside this State or otherwisesubject to inspection under the Federal Poultry Products Inspection Act.

(e)        The provisions ofthis Article shall not apply to poultry producers with respect to poultry oftheir own raising on their own farms if (i) such producers slaughter not morethan 1,000 birds of all species during the calendar year for which thisexemption is being determined; (ii) such poultry producers do not engage inbuying or selling poultry products other than those produced from poultryraised on their own farms; and (iii) such poultry moves only in intrastatecommerce.

(f)         The adulterationand misbranding provisions of this Article, other than the requirement of theinspection legend, shall apply to articles which are exempted from inspectionunder this section, except as otherwise specified under subsections (a), (b),or (e).

(g)        The Commissionermay by order suspend or terminate any exemption under subsections (a) or (b) ofthis section with respect to any person whenever he finds that such action willaid in effectuating the purposes of this Article.  (1971, c. 677, s. 15; 2009‑102,ss. 3, 4.)