2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 427 - Livestock and Meat Inspection › Section 427:2-a - Exemptions.

427:2-a Exemptions. –
I. The provisions of this subdivision 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 shall not apply to:
(a) The slaughtering by any person of animals of his or her own raising, and the preparation by him or her and transportation of the carcasses, parts thereof, meat, and meat food products of such animals exclusively for use by him or her and members of his or her household and his or her nonpaying guests and employees.
(b) The custom slaughtering, consistent with 21 U.S.C. section 623(a) or 21 U.S.C. section 464(c), by any person, firm, or corporation of livestock delivered by the owner thereof for such slaughter.
(c) The preparation by such slaughterer and transportation of the carcasses, parts thereof, meat, and meat food products of such animals, exclusively for use, in the household of such owner, by him or her and members of his or her household and his or her nonpaying guests and employees, provided that such custom slaughterer does not engage in the business of buying or selling any carcasses, parts of carcasses, meat, or meat food products of any livestock capable of use as human food.
II. Operations of types traditionally and usually conducted at retail stores and restaurants, when conducted at any retail store or restaurant or similar retail-type establishment for sale in normal retail quantities or service of such articles to consumers at such establishments shall follow requirements of version of the United States Food and Drug Administration Food Code currently in use for New Hampshire department of health and human services rulemaking.
III. Exempt Poultry Slaughter. The commissioner shall exempt the following from state meat inspection requirements as detailed below.
(a) Producers of 1,000 birds or fewer annually with respect to poultry of their own raising on their own farms if such producers slaughter not more than 1,000 poultry during the calendar year for which this exemption is being determined and such poultry producers do not engage in buying or selling poultry products other than those produced from poultry raised on their own farms, and such poultry is only sold within the state of New Hampshire, directly to the consumer at the farm or at a farmers market, or to restaurants pursuant to RSA 143-A:16, and such producers follow USDA regulations and prescribed sanitary standards, practices, and procedures.
(b) Producers or processors of 20,000 birds or fewer annually who are not otherwise engaged in the sale of poultry or poultry products, who follow USDA regulations and prescribed sanitary standards, practices, and procedures, and whose activity is either:
(1) The slaughtering and processing of poultry products in New Hampshire by any poultry producer on his or her own premises with respect to sound and healthy poultry raised on his or her premises and the distribution by any person solely within the state of New Hampshire, if, in lieu of other labeling requirements, such poultry products are identified with the name and address of such poultry producer, and if they are not otherwise misbranded, and are sound, clean, and fit for human food when so distributed; or
(2) The slaughtering of sound and healthy poultry or the processing of poultry products of such poultry in New Hampshire by any poultry producer or other person for distribution by him or her solely within New Hampshire directly to household consumers, restaurants, hotels, and boarding houses, for use in their own dining rooms, or in the preparation of meals for sales direct to consumers, if, in lieu of other labeling requirements, such poultry products are identified with the name and address of the processor, and if they are not otherwise misbranded and are sound, clean, and fit for human food when distributed by such processor.
(c) Establishments which have been granted exemptions by the Secretary of the USDA under 21 U.S.C. section 464(2) or (3).
[Paragraph IV effective until July 1, 2025; see also paragraph IV set out below.]
IV. The slaughter of bison, elk, or red deer on a farm for purposes of sale, as provided in RSA 143-A:5, IX, shall be exempt from the provisions of this subdivision requiring inspection of the slaughter of animals and preparation of the carcasses, parts thereof, meat, and meat food products for sale within this state to the public. The slaughter of a bison, elk, or red deer under this paragraph shall be permitted only:
(a) When the owner of the bison, elk, or red deer designates a slaughter area on the farm premises.
(b) When the bison, elk, or red deer is slaughtered in a humane method, as defined in RSA 427:33, III, by the owner or the owner's full time or seasonal employee.
(c) From September 1 to April 30.
(d) When no more than 12 hours passes from the time of slaughter to the placement of the carcass in a refrigerated facility at or below 41 degrees Fahrenheit.
(e) When a veterinarian licensed under RSA 332-B conducts an ante-mortem examination of each herd on an annual basis and the documents related to his or her examination are kept on file with all relevant information including:
(1) Species being inspected;
(2) Herd condition; and
(3) Location and time of inspection.
(f) When such animal is transported to and processed at a facility that is eligible to conduct custom exempt activities as regulated by the USDA pursuant to 21 U.S.C. section 623(a) and associated Departmental regulations.
(g) When the owner of the bison, elk, or red deer retains the original copy of the report made in subparagraph(e). A copy of such report shall accompany the bison, elk, or red deer carcass to the processing facility. The processing facility shall retain a copy of the report for one year.
(h) When bison, elk, or red deer meat is ground for sale, ground meat from every second animal processed shall be tested by the processing facility for Escherichia coli and salmonella at the owner's expense. All aspects of the testing, including sampling, shall be done in a manner that complies with standards and procedures of the USDA, and may include the services of an outside laboratory. The owner of the meat shall not sell it until he or she is in receipt of the test result that indicates the product is safe to eat. The test result shall be kept by the owner for at least one year.
(i) Prior to sale, as provided in RSA 143-A:5, IX, it is labeled as required in RSA 143-A:19.
(j) When the elk or red deer are sourced, kept, and propagated consistent with the rules pursuant to RSA 207:14, RSA 212:25, and RSA 436:24.
(k) When, in the event any atypical death of a red deer or elk on the farm, that animal's carcass is tested for chronic wasting disease under rules established by the department of fish and game and the resulting test is negative.
[Paragraph IV effective July 1, 2025; see also paragraph IV set out above.]
IV. The slaughter of bison on a farm for purposes of sale, as provided in RSA 143-A:5, IX, shall be exempt from the provisions of this subdivision requiring inspection of the slaughter of animals and preparation of the carcasses, parts thereof, meat, and meat food products for sale within this state to the public. The slaughter of a bison under this paragraph shall be permitted only:
(a) When the owner of the bison designates a slaughter area on the farm premises.
(b) When the bison is slaughtered in a humane method, as defined in RSA 427:33, III, by the owner or the owner's full time or seasonal employee.
(c) From September 1 to April 30.
(d) When no more than 12 hours passes from the time of slaughter to the placement of the carcass in a refrigerated facility at or below 41 degrees Fahrenheit.
(e) When a veterinarian licensed under RSA 332-B conducts an ante-mortem examination of each bison on the day of slaughter, witnesses the slaughter, conducts a post-mortem examination of the carcass, and documents his or her examinations in the report required under subparagraph (f).
(f) When the veterinarian and owner make a report of the slaughter on a form or forms provided by the state veterinarian which contains the following:
(1) Name, address, and phone number of animal owner and the location of the farm.
(2) Identification number on animal to assure same carcass arrives at the processing facility.
(3) Date and time of slaughter and the time of each examination.
(4) Statement that examinations were visual.
(5) Statement that live animal was examined both at rest and in motion.
(6) Ante-mortem examination stating live animal is free from any observed abnormalities, including but not limited to:
(A) No observed lameness, stiffness, abnormal body positions (e.g. tucked abdomen, arched back, extended neck or tail, etc.).
(B) No abnormal discharges or odors.
(C) No blisters or vesicles observed.
(D) No abnormal growths, swellings, enlargements, injuries, loss of hair or other skin lesions, infestations (e.g. maggots), labored breathing, or diarrhea.
(E) Animal did not appear abnormally nervous or restless, excessively anxious or upset, depressed, disinterested, or blind.
(F) Animal did not stagger, circle, head press, salivate excessively, rub or scratch excessively.
(G) Both eyes present and normal.
(7) Post-mortem examination stating carcass is free from any observed abnormalities, including but not limited to:
(A) Mouth, tongue, and eyes appear normal.
(B) Lymph nodes appear normal.
(C) No observed lumps, bumps, or growths.
(D) No abnormal odors or discharges.
(E) No adhesions or ongoing infectious processes.
(8) This statement: "A veterinarian licensed to practice in the state shall be held harmless from either criminal or civil liability for any decisions made for services rendered in good faith under the provisions of RSA 427:16, XII. Such a veterinarian is, therefore, protected from a lawsuit for his or her part in any illness, product quality failure, or other concern resulting from the products of this animal." Liability for any illness or product quality failure shall rest solely and completely with the animal owner.
(9) A certification by the animal owner that this animal is free from antibiotic, dewormer, and chemical residues, and that the label instructions were followed regarding the withdrawal of such substances.
(10) Signature blocks for both the veterinarian and the animal owner, signed by both.
(g) When such animal is transported to and processed at a facility that is eligible to conduct custom exempt activities as regulated by the USDA pursuant to 21 U.S.C. section 623(a) and associated Departmental regulations.
(h) When the owner of the bison retains the original copy of the report made in subparagraph (f). A copy of such report shall accompany the bison carcass to the processing facility. The processing facility shall retain a copy of the report for one year.
(i) When bison meat is ground for sale, it is tested by the processing facility for Escherichia coli and salmonella at the bison owner's expense. All aspects of the testing, including sampling, shall be done in a manner that complies with standards and procedures of the USDA, and may include the services of an outside laboratory. The owner of the meat shall not sell it until he or she is in receipt of the test result that indicates the product is safe to eat. The test result shall be kept by the owner for at least one year.
(j) Prior to sale, as provided in RSA 143-A:5, IX, it is labeled as required in RSA 143-A:19.
Source.
2017, 145:3, eff. Aug. 15, 2017. 2023, 180:5, eff. Oct. 3, 2023; 180:9, eff. July 1, 2025.