Rule 40-10-1-.04 - Exemptions(1) Exemptions: (a) The requirements of the Act and the regulations in this chapter for inspection of the preparation of products do not apply to: 1. The slaughtering by any individual of livestock of his own raising, and the preparation by him and transportation in commerce of the carcasses, parts thereof, meat and meat food products of such livestock exclusively for use by him and members of his household and his nonpaying guests and employees;2. The custom slaughter by any person of cattle, sheep, swine, non-traditional livestock, rabbits, or goats delivered by the owner thereof for such slaughter, and the preparation by such slaughterer and transportation in commerce of the carcasses, parts thereof, meat and meat food products of such livestock, exclusively for use, in the household of such owner, by him and members of his household and his nonpaying guests and employees; nor to the custom preparation by any person of carcasses, parts thereof, meat or meat food products derived from the slaughter by any individual of cattle, sheep, swine non-traditional livestock, rabbits or goats of his own raising or from game animals, delivered by 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 his nonpaying guests and employees: Provided, that the following requirements are met by such custom operator: (i) The establishment in which the custom operations are conducted is maintained and operated in accordance with the requirements of 40-10-1-.10 of this chapter;(ii) If the custom operator prepared or handles any products for sale, they are kept separate and apart from the custom prepared products at all times while the latter are in his custody;(iii) The custom prepared products are plainly marked "Not for Sale" as provided in 40-10-1-.18 of this chapter, immediately after being prepared and are kept so identified until delivered to the owner; and(iv) If exempted custom slaughtering or other preparation of products is conducted in an official establishment, all facilities and equipment in the official establishment used for such custom operations shall be thoroughly cleaned and sanitized before they are used for preparing any products for sale.3. The slaughter and processing of rabbits by any person who raises rabbits for slaughter and processing for sale at wholesale and retail in numbers not to exceed 2500 rabbits per year. (b) Exempted custom prepared products. 1. The exempted custom prepared products shall be prepared and handled in accordance with 40-10-1-.20(5), (6), (7), (10), (11) and 40-10-1-.21 of this chapter and shall not be adulterated as defined in paragraph I.(m) of the Act.2. The exempted custom prepared products shall comply with the requirements of 40-10-1-.18(16) and 40-10-1-.19(16) of this chapter.3. The custom operators claiming exemption under paragraph (a)2. of this section shall keep records, in addition to records otherwise required by 40-10-1-.22 of this chapter, showing the numbers and kinds of livestock slaughtered on a custom basis, the quantities and types of products prepared on a custom basis, and the names and addresses of the owners of the livestock and products.4. Articles capable of use as human food, resulting from the exempted custom slaughter or other preparation of products shall be promptly denatured or otherwise identified in accordance with this chapter and not removed from the establishment where the custom operations are conducted until so identified, unless they are delivered to the owner of the articles for use in accordance with paragraph (a)2. of this section.(d) Exempted retail prepared products. 1. The requirements of the Act and the regulations in this chapter for inspection of the preparation of products do 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 in Georgia for sale in normal retail quantities or service of such articles to consumers at such establishments. 2. For purposes of subparagraph 1. of this paragraph, operations of types traditionally and usually conducted at retail stores and restaurants are the following: (i) Cutting up, slicing, and trimming carcasses, halves, quarters, or wholesale cuts into retail cuts such as steaks, chops, and roasts, and freezing such cuts;(ii) Grinding and freezing products made from meat;(iii) Curing, cooking, smoking, or other preparations of products, except slaughtering, rendering, or refining or livestock fat or the retort-processing of canned products; (iv) Breaking bulk shipments of products;(v) Wrapping or rewrapping products.3. Any quantity or product purchased by a consumer from a particular retail supplier shall be deemed to be a normal retail quantity if the quantity so purchased does not in the aggregate exceed one-half carcass. The following amounts of product will be accepted as representing one-half carcass of the species identified: One-half carcass pounds
Cattle | 300 |
Calves | 37.5 |
Sheep | 27.5 |
Swine | 100 |
Goats | 25 |
4. A retail store is any place of business where the sales of product are made to consumers only; at least 75 percent, in terms of dollar value, of total sales of product represents sales to household consumers and the total dollar value of sales of product to consumers other than household consumers does not exceed the dollar limitation per calendar year set by the USDA Administrator; only federally or State inspected and passed product is handled or used in the preparation of any product; no sale of product is made in excess of a normal retail quantity as defined in subdivision (1)(d)3. of this subparagraph; the preparation of products for sale to household consumers is limited to traditional and usual operations as defined in subdivision (1)(d)2. of this subparagraph; and the preparation of products for sale to other than household consumers is limited to traditional and usual operations as defined in (i), (ii), (iv), and (v) of subdivision 2. of this subparagraph.5. A restaurant is any establishment where product is prepared only for sale or service, in meals, or as entrees, directly to individual consumers at such establishment; only federally or State inspected and passed product or such product prepared at a retail store exempted under subdivision (1)(d)2. of (i), (ii), (iv), and (v) subparagraph is handled or used in the preparation of any product; no sale of product is made in excess of a normal retail quantity as defined in subdivision 3. of this subparagraph; and the preparation of product is limited to traditional and usual operations as defined in subdivision 2. of this subparagraph. This definition includes a caterer which delivers or serves product in meals, or as entrees, only to individual consumers and otherwise meets the requirements of this paragraph.6. For the purpose of this paragraph, operations conducted at a restaurant central kitchen facility shall be considered as being conducted at a restaurant if the restaurant central kitchen prepares meat or meat food products that are ready-to-eat when they leave such facility (i.e., no further cooking or other preparation is needed, except that they may be reheated prior to serving if chilled during transportation), transported directly to a receiving restaurant by its own employees, without intervening transfer or storage, maintained in a safe, unadulterated condition during transportation and served in meals or as entrees only to customers at restaurants or through vending machines, owned or operated by the same person that owns or operates such facility, and which otherwise meets the requirements of this paragraph; provided that the requirements of 40-10-1-.22 apply to such facility. Provided further that the exempt facility may be subject to inspection requirements under the Act (GMIA) for as long as the Commissioner determines that the sanitary conditions or practices of the facility or the processing procedure or methods at the facility are such that any of its meat or meat food products are rendered adulterated. When the Commissioner has made such determination and subjected a restaurant central kitchen facility to such inspection requirements, the operator of such facility shall be afforded an opportunity to dispute the Commissioner's determination in a hearing pursuant to the rules of practice which will be adopted for this proceeding.7. Similar retail-type establishment: Any establishment which is a combination retail store and restaurant; any delicatessen which meets the requirements for a retail store or restaurant as prescribed in subdivisions 3. and 4. of this subparagraph; or other establishment as determined by the Commissioner in specific cases.8. Consumer: Any household consumer, hotel, restaurant, or similar institution as determined by the Commissioner in specific cases.(e) Whenever any complaint is received by the Commissioner from any person alleging that any retail store claiming exemption under this paragraph (d) has been operated in violation of the conditions prescribed in this section for exemption, and the Commissioner, upon investigation of the complaint, has reason to believe that any such violation has occurred he shall so notify the operator of the retail store and afford him reasonable opportunity to present his views informally with respect to the matter. Thereafter, if the Commissioner still has reason to believe that such a violation has occurred, and that a requirement that the operator keep records concerning the operations of the retail store would effectuate the purposes of the Act, the Commissioner shall order the operator to maintain complete, accurate, and legible records of total monthly purchases and of total monthly sales of meat, meat byproducts, and meat food products, in terms of dollar values of the products involved. Such records shall separately show total sales to household consumers and total sales to other consumers and shall be maintained for the period prescribed in 40-10-1-.22(3) of this chapter. If the operator maintains copies of bills of lading, receiving and shipping invoices, warehouse receipts, or similar documents which give the information required herein, additional records are not required by this subparagraph.(f) The adulteration and misbranding provisions of the Act and the regulations in this chapter, other than the requirement of the official inspection legend, apply to articles which are exempted from inspection or not required to be inspected under this section. (g) The Commissioner may extend the inspection requirements to any establishment in the State at which products are prepared for distribution solely within the State, if he determines in accordance with the provisions of the Act that it is producing adulterated products which would clearly endanger the public health.(h) The Commissioner in specific cases may modify, by relieving, the inspection and related requirements of the regulations in this chapter when he determines that application of the modified requirements will be adequate to effectuate the purposes of the Act.Ga. Comp. R. & Regs. R. 40-10-1-.04
O.C.G.A. §§ 26-2-60, 26-2-80.
Original Rule entitled "Premises" adopted. F. and eff. June 30, 1965.Amended: ER. 40-10-1-0.3-.04 entitled "Application for Inspection; Tenants; Subsidiaries" adopted. F. and eff. Aug. 24, 1970, the date of adoption.Amended: Permanent Rule of same title adopted. F. Dec. 17, 1970; eff. Jan. 6, 1971.Amended: Rule retitled "Application for Inspection; Grant or Refusal of Inspection". F. July 23, 1984; eff. August 12, 1984.Repealed: New Rule entitled "Exemptions" adopted. F. July 21, 1997; eff. August 11, 1997.Repealed: New Rule of same title adopted. F. Jan. 15, 2004; eff. Feb. 4, 2004.Repealed: New Rule of same title adopted. F. Dec. 17, 2008; eff. Jan. 6, 2009.Amended: F. Nov. 5, 2018; eff. Nov. 25, 2018.