2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART III - Food, Drugs, and Cosmetics (§§ 711 — 1031d) › Chapter 52 - Poultry Products (§§ 741 — 758) › § 752 - Extensions or exemptions

(a) The Secretary shall, by regulation and subject to compliance with such conditions as to sanitary requirements, standards, practices and procedures, exempt from compliance with specific provisions of this chapter with respect to the processing of poultry and poultry products for intrastate commerce under the following circumstances:
(1) Retail dealers with respect to poultry products sold directly to consumers in retail stores, if the only operation performed by such retail dealers is the cutting up of poultry products on the premises where such sales to consumers are made.
(2) Any person engaged in the processing of poultry or poultry products, for such period of time as the Secretary determines would be impracticable to provide inspection if such fact aids in the effective application of the chapter; Provided, That no such exemption shall continue for more than one hundred twenty (120) days after this act becomes effective.
(3) Persons slaughtering, processing or otherwise handling poultry or poultry products which have been and shall be processed as required by recognized religious reasons, but not to the extent that they may be in conflict with this chapter, as it may be determined by the Secretary.
(4) The custom slaughter by any person of poultry and the processing and transportation of poultry products provided said products are exclusively for use by him or members of his household, or his nonpaying guests and employees; Provided, That the person slaughtering and processing the poultry does not engage in the business of buying and selling of any poultry products capable of use as human food.
(5) The slaughtering by any person of poultry of his own raising and the processing and transportation of poultry products provided it is for use of the owner or members of his household and nonpaying employees or guests.
(6) The slaughtering and processing of poultry products by any poultry producer on his farm provided he uses sound and healthy poultry raised on his premises and the distribution of poultry products derived from such slaughter, if in lieu of other labeling requirements, such poultry products are identified with the exact name and address of the producer and processor of such poultry and if they are not misbranded and are sound, clean and fit for human food.
(7) The slaughtering of sound and healthy poultry or the processing of poultry products by any poultry producer and on his premises, for the distribution to domicile or consumers, restaurants, hotels and boardinghouses, 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 exact name and address of the producer and processor of such poultry and if said product is not misbranded and is clean, sound and fit for human food.
(b) In addition to the exemptions specifically authorized in subsection (a) of this section, if the Secretary determines that the consumers are duly protected from adulterated or misbranded poultry products, he may promulgate regulations, consistent with subsection (c) of this section for the exemption from the provisions of this chapter of the operation and products of small enterprises not exempted by subsection (a) of this section which are engaged in the slaughtering and/or cutting up poultry for its distribution as such in intrastate commerce. Such regulations, however, shall provide for compliance with such sanitary requirements as may be adequate to protect the consumers from adulterated and/or misbranded products.
(c) The exemptions provided in clauses (5) and (6) of subsection (a) of this section previously enumerated shall not apply if the poultry producer or other person who may be exempted engages at any time during the calendar year in the business of buying or selling poultry and poultry products other than as specified in said subsections. No exemption under subsection (a)(5) and (6) of this section shall apply to any poultry producer or person slaughtering or processing the products of more than five thousand (5,000) turkeys or an equivalent number of poultry of all species in the current calendar year. (Four birds deemed the equivalent of one turkey.)
(d) The provisions of this chapter concerning the inspection shall not apply to operations which traditionally and ordinarily are performed in retail stores and restaurants or similar establishments that sell usual quantities of these articles directly to the consumer in said establishments, if no poultry or poultry products are processed therein for distribution outside the state or in any way are subject to inspection under the Federal Poultry Products Inspection Act.
(e) The provisions of this chapter shall not apply to poultry producers with respect to poultry of their own raising on their own farms if:
(1) Such producers slaughter not more than 250 turkeys, or its equivalent in birds of other species during the calendar year for which this exemption is granted (four birds of other species being deemed the equivalent of one turkey),
(2) if said poultry producers do not engage in buying or selling poultry products other than those produced from poultry raised on their own farms and
(3) if such poultry moves only in intrastate commerce.
(f) Other adulteration and misbranding provisions, other than those relating to the official inspector legend, shall apply to articles which are exempt from inspection, except as provided in subsections (a), (b) or (e) of this section.
(g) The Secretary may, by order to that effect, suspend or cancel any exemption under subsections (a) and (b) of this section whenever he finds such action necessary to accomplish the purposes of this chapter.
History —July 7, 1971, No. 10, p. 601, § 12.