Idaho State Statutes - Idaho Attorney Directory

(a) The provisions of this
act 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
(1) To the slaughtering by any person of animals of his own raising, or
of any game animals, and the preparation by him and transportation in
intrastate commerce of the carcasses, parts thereof, meat and meat food
products of such animals exclusively for use by him and members of his
household and/or his nonpaying guests and employees; nor
(2) To the custom slaughter by any person, firm, or corporation of
cattle, sheep, swine or goats at the request of the owner thereof for such
slaughter, and the preparation by such slaughterer and transportation in
intrastate commerce of the carcasses, parts thereof, meat and meat food
products of such animals, exclusively for use(,) in the household of such
owner by him(,) and members of his household and/or his nonpaying guests
and employees; whether such slaughterers operate an establishment or
operate from a mobile unit engaged in custom slaughter or both; nor
(3) To the custom preparation by any person, firm or corporation of
carcasses, parts thereof, meat or meat food products, derived from the
slaughter by any person of cattle, sheep, swine, goats, or from game
animals, at the request of the owner thereof for such custom preparation,
and transportation in commerce of such custom prepared articles,
exclusively for use in the household of such owner, by him and members of
his household and/or his nonpaying guests and employees.
Provided, that in cases where such person, firm, or corporation engages in
such custom operations at an establishment at which inspection under this
title is maintained, the director may exempt from such inspection at an
establishment any animals slaughtered or any meat or meat food products
otherwise prepared on a custom basis; provided further, that custom operations
at any establishment or retail store shall be exempt from inspection
requirements as provided by this section only if the establishment or retail
store at all times keeps meat and meat products from inspected and
noninspected animals properly separated and clearly marked "NOT FOR SALE"
immediately after being slaughtered, processed or packaged and kept so
identified and separated until delivered to the owner, his agent or employee.
Properly separated for the purpose of this section, shall mean that all
inspected and noninspected animals shall be slaughtered and processed at
separate and distinct intervals and that after noninspected animals are
slaughtered or processed all premises and equipment thus used shall be
properly sanitized in accordance with the rules of sanitation promulgated by
the director; provided further that at no time shall inspected and
noninspected meat and meat products be commingled or come into contact with
each other and the holding coolers must have areas clearly marked for
inspected or noninspected carcasses or parts of carcasses whichever the case
might be.
(b) The provisions of this act requiring inspection of the slaughter of
animals and the preparation of carcasses, parts thereof, meat and meat food
products shall not apply to 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.
(c) The slaughter of animals and preparation of articles referred to in
paragraphs (a)(2), (a)(3), and (b) of this section shall be conducted in
accordance with such sanitary conditions as the director may by regulations
prescribe. Violation of any such regulation is prohibited and the director or
his authorized agents are empowered to inspect at reasonable times custom
establishments, the premises on which such establishments are located,
equipment, mobile units or any other custom operation where noninspected
animals are slaughtered or noninspected meat or meat food products are
prepared for the owner thereof and the director or his authorized agents are
empowered to seize, retain or detain any custom prepared meat or meat food
product or reject any building, equipment, vehicle or facility found upon
inspection to be in violation of any regulation promulgated pursuant hereto.
(d) The adulteration and misbranding provisions of this act and the
regulations made hereunder, other than the requirement of the inspection
legend, shall apply to articles which are not required to be inspected under
this section.
(e) This section shall be enforced and construed so that its requirements
shall be equal to the Federal Wholesome Meat Act or any regulations
promulgated thereunder and shall not be enforced or construed as allowing
lower requirements or standards than those provided for by the Federal
Wholesome Meat Act or any regulations promulgated thereunder which will
endanger the state's ability to continue to carry on a meat inspection program
and the director may adopt and enforce all regulations necessary to fulfill
this purpose and carry out the provisions of this section.
(f) For purposes of this act, ownership of animals to be custom
slaughtered shall not be established upon a dressed weight basis, but payment
for the animal may be established prior to slaughter by written contract on a
dressed weight basis, nor shall the exception provided in subsection (a)
herein apply to any animal purchased on behalf of the person for whom it is
custom slaughtered or custom prepared by a custom slaughterer or custom
preparer or any agent of a custom slaughterer or custom preparer. Further,
custom slaughterers shall obtain written proof that any animal custom
slaughtered by them is owned by the person or persons (not to exceed two (2))
for whom such animal is slaughtered prior to the slaughter of such animal and
keep the same as a record required pursuant to section 37-1918, Idaho Code.

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