Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 4 - FOOD, DRUGS, AND COSMETICS (§§ 20-56-201 — 20-64-1103) › Chapter 60 - MEAT AND MEAT PRODUCTS (§§ 20-60-101 — 20-60-307) › Subchapter 2 - ARKANSAS MEAT AND MEAT PRODUCTS INSPECTION ACT (§§ 20-60-201 — 20-60-217) › Section 20-60-204 - Exceptions

(a)
(1)
The Secretary of the Department of Agriculture shall, by rule and under conditions regarding labeling, sanitary standards, practices, and procedures he or she may prescribe, exempt from specific provisions of this subchapter:
(A)
A livestock producer with respect to livestock carcasses, parts of livestock carcasses, and meat food products, processed by the livestock producer from livestock of the livestock producer's own raising on the producer's own farm and used by the livestock producer for personal or private consumption, but in no instance in which the meat or meat food product is to be offered or used for public consumption;
(B)
A person slaughtering livestock or otherwise processing or handling livestock carcasses, parts of livestock carcasses, or meat food products, that have been or are to be processed as required by recognized religious dietary laws, to the extent that the secretary determines is necessary to avoid conflict with the requirements while still effectuating the purposes of this subchapter; and
(C)
Any establishment engaged in slaughtering livestock or processing livestock carcasses, parts of livestock carcasses, or meat food products for intrastate commerce and the livestock carcass, part of a livestock carcass, or meat food product processed by the establishment when the establishment is subject to inspection under a city ordinance that sets standards in conformity with the minimum standards determined by the secretary.
(2)
The secretary may, by order, suspend or terminate any exemption under this section with respect to any person whenever the secretary finds that the action will aid in effectuating the purposes of this subchapter.
(b)
This subchapter does not apply to:
(1)
Any act or transaction subject to regulation under the Federal Meat Inspection Act,
21 U.S.C. § 601
et seq., as in effect on January 1, 2021, if the standards required under the Federal Meat Inspection Act,
21 U.S.C. § 601
et seq., as in effect on January 1, 2021, are in conformity with the minimum standards determined by the secretary;
(2)
The custom slaughtering by any person of livestock for direct producer-to-consumer transactions in compliance with all applicable state laws and rules and federal laws and regulations; or
(3)
(A)
The custom slaughtering by any person of livestock delivered by the owner of the livestock for the slaughter and the preparation by the slaughterer and transportation in commerce of the livestock carcass, parts of the livestock carcass, meat, and meat food products, exclusively for use in the household of the owner by the owner, members of the owner's household, and the owner's nonpaying guests and employees.
(B)
To maintain the exemption under this subsection:
(i)
The custom establishment shall comply with the rules promulgated by the secretary to insure that any livestock carcasses, parts of livestock carcasses, meat, or meat food products prepared, or any containers containing uninspected, exempted custom meat and meat food products, are separated at all times from inspected livestock carcasses, parts of livestock carcasses, meat, or meat food products prepared for sale;
(ii)
Unless processed for a direct producer-to-consumer transaction, all uninspected meat and meat food products prepared on an exempted custom basis shall be plainly marked "Not For Sale" immediately after being prepared and remain marked "Not For Sale" until delivered to the owner;
(iii)
The official establishment conducting the exempted custom operation shall be maintained and operated in a sanitary manner; and
(iv)
The meat and meat food products prepared shall not be adulterated, mislabeled, or misbranded according to this subchapter.
(c)
This subchapter does not affect any existing right of cities or towns to levy occupation taxes or license fees against official establishments covered in this subchapter.
Amended by Act 2021, No. 418,§ 2, eff. 3/23/2021.
Amended by Act 2019, No. 315,§ 2209, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 2208, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 5073, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 5072, eff. 7/1/2019.
Acts 1967, No. 320, §§ 10, 15; 1969, No. 351, § 1; 1973, No. 311, § 1; A.S.A. 1947, §§ 82-2010, 82-2015.