Ga. Comp. R. & Regs. R. 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.
(c) Reserved.
(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.
Notes
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