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Agriculture and Food - Regulatory Services - Utah Domesticated Game Slaughter and Processing


Published: 2021-06-04

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R70. Agriculture and Food, Regulatory Services.
R70-590. Utah Domesticated Game Slaughter and Processing.
R70-590-1. Authority.
Promulgated under the authority of Title 4, Chapter 32a, Domesticated Game Slaughter and Processing and Section 4-32a-208.
R70-590-2. Definitions.
As used in this part:
1) "Antemortem inspector" means a person employed or contracted by the department who:
a) meets the definition of a veterinarian or veterinarian designee in Section 4-32a-201;
b) performs the antemortem inspection of a domesticated game animal; and
c) may be the same person as the postmortem inspector.
2) "Adulterated" means the same as found in Section 4-5-103.
3) "Custom exempt processing" means the same as found in Section 4-32-105.
4) "Department" means the Utah Department of Agriculture and Food.
5) "Establishment" means a plant or fixed premises used to slaughter or process domesticated game for human consumption.
6) "Postmortem inspector" means a person employed or contracted by the department who:
a) meets the definition of a veterinarian or veterinarian designee in Section 4-32a-201;
b) performs the postmortem inspection of a domesticated game animal; and
c) may be the same person as the antemortem inspector.
R70-590-3. License and Registration Issuance.
1) A person may not perform domesticated game slaughter or processing without first obtaining a farm custom slaughter license and a domesticated game slaughter and processing registration from the department.
2) Farm custom slaughter licenses are issued under Section 4-32-107 and its correlating rules in Section R58-11-3.
3) Domesticated Game Slaughter and Processing Registration.
a) Any person desiring to perform domesticated game slaughter or processing shall apply to the department for a domesticated game slaughter and processing registration using a form provided by the department for that purpose.
i) The form shall require:
A) the name, address, and telephone number of the owner of the business providing the domesticated game slaughter and processing services;
B) the name, address, and telephone number of the operator of the business providing the domesticated game slaughter and processing services if the operator is not the owner; and
C) the name, address, and telephone number of the establishment, if any.
ii) The application shall be signed by the owner as well as the operator, if applicable, attesting to the accuracy of the information submitted in the application.
b) The domesticated game slaughter and processing registration shall not be issued until:
i) the department receives a properly completed application;
ii) the operator, whether the owner or a different person, has demonstrated the ability to operate a domesticated game slaughter and processing business according to the department's statutes, rules, and policies; and
iii) a fee is paid to the department for the registration.
c) A registration is valid for the calendar year, January 1 to December 31. A registrant's desiring to continue performing domesticated game slaughter and processing services shall re-apply for a registration every calendar year.
d) A change of ownership, a change of establishment, or the addition, removal, or replacement of an operator requires the filing of a new registration application.
4) Any custom exempt processing establishment that processes domesticated game slaughtered pursuant to this rule shall be:
a) registered with the department's Regulatory Services Division;
b) issued a domesticated game slaughter establishment number; and
c) issued a unique stamp for labeling purposes.
R70-590-4. Sanitation Requirements.
1) Each registrant shall follow the guidelines outlined in Section R58-11-4, Equipment and Sanitation Requirements, substituting "livestock" with "domesticated game", as the sanitation requirements for the unit or vehicle and equipment used for farm custom slaughter of domesticated game.
2) Each establishment used for the processing of domesticated game shall be operated and maintained in a manner sufficient to prevent the creation of unsanitary conditions and to ensure that product is not adulterated.
a) Grounds and pest control. The grounds about an establishment shall be maintained to prevent conditions that could lead to unsanitary conditions, adulteration of product, or interfere with inspection by department employees. Each establishment shall have in place a pest management program to prevent the harborage and breeding of pests on the grounds and within facilities.
Each pest control substance used shall be safe and effective under the conditions of use and not be applied or stored in a manner that will result in the adulteration of product or the creation of unsanitary conditions.
b) Construction.
i) Establishment buildings, including their structures, rooms, and compartments, shall be of sound construction, be kept in good repair, and be of sufficient size to allow for processing, handling, and storage of product in a manner that does not result in product adulteration or the creation of unsanitary conditions.
ii) Each wall, floor, and ceiling within an establishment shall be built of durable materials impervious to moisture and be cleaned and sanitized as necessary to prevent adulteration of product or the creation of unsanitary conditions.
iii) Each wall, floor, ceiling, door, window, and other outside opening shall be constructed and maintained to prevent the entrance of vermin, such as flies, rats, and mice.
iv) Each room or compartment in which edible product is processed, handled, or stored shall be separate and distinct from each room or compartment in which inedible product is processed, handled, or stored, to the extent necessary to prevent product adulteration and the creation of unsanitary conditions.
c) Light. Lighting of good quality and sufficient intensity to ensure that sanitary conditions are maintained and that product is not adulterated, shall be provided in each area where food is processed, handled, stored, or examined; where equipment and utensils are cleaned; and in each hand-washing area, dressing and locker room, and toilet.
d) Ventilation. Ventilation adequate to control odors, vapors, and condensation to the extent necessary to prevent adulteration of product and the creation of unsanitary conditions shall be provided.
e) Plumbing. Plumbing systems shall be installed and maintained to:
i) carry sufficient quantities of water to required locations throughout the establishment;
ii) properly convey sewage and liquid disposable waste from the establishment;
iii) prevent adulteration of product, water supplies, equipment, and utensils, and prevent the creation of unsanitary conditions throughout the establishment;
iv) provide adequate floor drainage in each area where floors are subject to flooding-type cleaning or where normal operations release or discharge water or other liquid waste on the floor;
v) prevent back-flow conditions in and cross-connection between piping systems that discharge waste water or sewage and piping systems that carry water for product manufacturing; and
vi) prevent the backup of sewer gases.
f) Sewage disposal. Sewage shall be disposed into a sewage system separate from other drainage lines or disposed of through other means sufficient to prevent backup of sewage into areas where product is processed, handled, or stored. When the sewage disposal system is a private system requiring approval by a state or local health authority, the establishment must furnish the department with the letter of approval from that authority upon request.
g) Water supply and water, ice, and solution reuse. A supply of running water that complies with the National Primary Drinking Water regulations found in 40 CFR 141, at a suitable temperature and under pressure as needed, shall be provided in each area where required, including for processing product, for cleaning rooms and equipment, utensils, and packaging materials, and for employee sanitary facilities. If an establishment uses a municipal water supply, it shall make available to the department, upon request, a water report, issued under the authority of the state or local health agency, certifying or attesting to the potability of the water supply. If an establishment uses a private well for its water supply, it shall make available to the department, upon request, documentation certifying the potability of the water supply that has been renewed at least semi-annually.
h) Dressing rooms, lavatories, and toilets.
i) Each dressing room, toilet room, and urinal shall be sufficient in number, ample in size, conveniently located, and maintained in a sanitary condition and in good repair to ensure cleanliness of any person handling any product. They shall be separate from each room and compartment in which products are processed, stored, or handled.
ii) A lavatory with running hot and cold water, soap, and towels, shall be placed in or near each toilet and urinal room and at other places in the establishment as necessary to ensure cleanliness of each person handling any product.
iii) Refuse receptacles shall be constructed and maintained in a manner that protects against the creation of unsanitary conditions and the adulteration of product.
3) Each unit or vehicle, equipment, utensil, establishment, and facility used for the slaughter or processing of domesticated game, as well as the people engaged in the slaughter or processing of domesticated game, shall adopt and abide by the following practices and procedures, as applicable, to prevent the creation of unsanitary conditions and to ensure that product is not adulterated:
a) Equipment and utensils.
i) Equipment and utensils used for processing or otherwise handling edible product or ingredients shall be of material and construction to facilitate thorough cleaning and to ensure that their use will not cause the adulteration of product during processing, handling, or storage. Equipment and utensils shall be maintained in sanitary condition so as not to adulterate product.
ii) Equipment and utensils shall not be constructed, located, or operated in a manner that prevents department inspection program employees from inspecting the equipment or utensils to determine whether they are in sanitary condition.
iii) Receptacles used for storing inedible material shall be of material and construction that their use will not result in the adulteration of any edible product or in the creation of unsanitary conditions. Receptacles shall not be used for storing any edible product and shall bear conspicuous and distinctive marking to identify permitted uses.
b) Sanitary operations.
i) Food-contact surfaces, including food-contact surfaces of utensils and equipment, shall be cleaned and sanitized as frequently as necessary to prevent the creation of unsanitary conditions and the adulteration of product.
ii) Non-food-contact surfaces of facilities, equipment, and utensils used in the operation of the establishment shall be cleaned and sanitized as frequently as necessary to prevent the creation of unsanitary conditions and the adulteration of product.
iii) Each cleaning compound, sanitizing agent, processing aid, and other chemical used by an establishment shall be safe and effective under the conditions of use. Chemicals shall be used, handled, and stored in a manner that will not adulterate product or create unsanitary conditions. Documentation substantiating the safety of a chemical's use in a food processing environment shall be available to department inspection program employees for review.
iv) Product shall be protected from adulteration during processing, handling, storage, loading, and unloading at and during transportation from the establishment.
c) Employee hygiene.
i) Cleanliness. Each person working in contact with product, food-contact surfaces, and product-packaging materials shall adhere to hygienic practices while on duty to prevent adulteration of product and the creation of unsanitary conditions.
ii) Clothing. Aprons, frocks, and other outer clothing worn by each person who handles product shall be of material that is disposable or readily cleaned. Clean garments shall be worn at the start of each working day and garments shall be changed during the day as often as necessary to prevent adulteration of product and the creation of unsanitary conditions.
iii) Disease control. Any person who has or appears to have an infectious disease, open lesion, including boils, sores, or infected wounds, or any other abnormal source of microbial contamination, shall be excluded from any operation that could result in product adulteration and the creation of unsanitary conditions until the condition is corrected.
R70-590-5. Antemortem Inspection.
1) Antemortem inspections shall be performed by an antemortem inspector according to the applicable processes and practices described in 9 CFR 352.10, Ante-Mortem Inspection, as of January 1, 2003, which is incorporated herein by reference, unless otherwise specified in this section.
2) An antemortem inspection of a domesticated game animal shall, where and to the extent considered necessary by the department and under instructions it may issue, be made on the day of slaughter of a domesticated game animal, in one of the following ways or as determined by the department.
a) Field antemortem inspection.
i) Domesticated game are eligible for field antemortem inspection as approved by the department.
ii) A person desiring a field antemortem inspection shall comply with the notice provisions in Section 4-32a-203.
iii) The following shall be inspected and approved by the antemortem inspector prior to the field antemortem inspection:
A) the area designated for the field antemortem inspection;
B) the stunning or slaughtering area, including equipment needed to humanely restrain the domesticated game animal when stunned or slaughtered, shall be in a condition that minimizes the possibility of soiling the domesticated game animal when stunned or slaughtered and bled; and
C) the transport vehicle, which shall be as sanitary as practicable.
iv) The antemortem inspector shall determine the acceptableness and safety of performing the field antemortem inspection. If, in the opinion of the inspector, an unsafe or unacceptable condition or circumstance exists at the time of field antemortem inspection, the service shall be denied.
v) A domesticated game animal that, in the antemortem inspector's opinion, does not pass antemortem inspection shall be withheld from slaughter.
vi) The inspector shall supervise or personally conduct each phase of field ante-mortem inspection.
b) Transport vehicle antemortem inspection.
i) Bison and domesticated elk are eligible for antemortem inspection while inside of the transport vehicle at an establishment.
ii) The inspector shall remain outside the transport vehicle while performing the transport vehicle antemortem inspection.
iii) The person requesting transport vehicle antemortem inspection shall provide a transport vehicle that is as sanitary as practicable and that permits safe and thorough inspection of the domesticated game animal from outside of the transport vehicle.
iv) The antemortem inspector shall determine the adequacy and safety of performing the transport vehicle antemortem inspection. If, in the antemortem inspector's opinion, the transport vehicle is not adequate or safe to perform the transport vehicle antemortem inspection, the service shall be denied.
3) Handling of a domesticated game animal during antemortem inspection shall be in accordance with the provisions contained in 9 CFR 313.2, Handling of Livestock, as of January 1, 2011, which is incorporated herein by reference.
4) A stunned or slaughtered and bled domesticated game animal shall be tagged with department-approved tags by the postmortem inspector prior to loading on the transport vehicle to maintain carcass identification.
a) The tags shall be filled out by the postmortem inspector. The department's copy is to be retained by the postmortem inspector. The other copies shall be attached to the domesticated game carcass or carcass halves before loading the carcass into the transport vehicle.
b) The tags shall remain on the carcass until the carcass is delivered to the approved processing facility and processing begins.
c) The processing facility shall maintain traceability for each product derived from each individual carcass.
R70-590-6. Slaughtering Procedures for Domesticated Game.
1) Slaughter Area.
a) Slaughtering shall not take place under adverse conditions such as blowing dirt, dust or in mud.
b) If a slaughter area is used for repeated kills, the area should be maintained to prevent blood from collecting, running off onto adjacent property, or contaminating water sources.
c) Hides, viscera, blood, paunch material, and tissues shall be removed and disposed of at a rendering facility, landfill, composting, or by burial as allowed by law.
2) Humane Slaughter.
a) Domesticated game shall be rendered insensible to pain by a single blow, gun shot or electrical shock, or other means that is instantaneous and effective before being shackled, hoisted, thrown, cast or cut.
b) Domesticated game shall be securely restrained as needed to achieve the humane slaughter of the animal.
3) Hoisting and Bleeding. Domesticated game shall be hoisted and bled as soon after stunning as possible to utilize post-stunning heart action and to obtain complete bleeding. Carcasses shall be moved away from the bleeding area for skinning and butchering.
4) Skinning. Carcass and head skin shall be handled without neck tissue contamination. This may be done by leaving the ears on the hide and tying the head skin. Feet shall be removed before the carcass is otherwise cut. Except for skinning and starting skinning procedures, skin should be cut from inside outward to prevent carcass contamination with cut hair. Hair side of the hide should be carefully rolled or reflected away from the carcass during skinning. When carcass is moved from the skinning bed, caution should be taken to prevent exposed parts from coming in contact with adulterating surfaces.
5) Evisceration - Before evisceration, rectum shall be tied to include bladder neck and to prevent urine and fecal leakage. Care should also be taken while opening abdominal cavities to prevent carcass or viscera contamination.
6) Carcass washing. Hair, dirt, and other accidental contamination should be trimmed prior to washing. Washing should proceed from the carcass top downward to move away any possible contaminants from clean areas.
R70-590-7. Postmortem Inspection.
1) Unless otherwise specified in this rule, the postmortem inspection shall be conducted according to the applicable processes and practices described in 9 CFR 310, Post-Mortem Inspection, as of January 1, 2012, which is incorporated herein by reference.
2) Postmortem inspection of a field antemortem-inspected domesticated game animal.
a) The postmortem inspection of a field antemortem-inspected domesticated game animal shall occur in the shortest length of time practicable and on the day that field antemortem inspection is performed to minimize changes in the carcass that can affect the postmortem examination, disposition, and wholesomeness of the carcass and its parts.
b) A field postmortem inspection may be conducted by a postmortem inspector when the following conditions are met at the inspection site:
i) the domesticated game carcass is kept off of the ground;
ii) the inspection is performed between half an hour after sunrise and half an hour before sunset;
iii) the registrant provides and utilizes a table no smaller than two feet by six feet that provides enough space to contain the viscera of the animal, is impervious to liquid, and is easily sanitized; and
iv) the registrant provides a permanent or portable shelter that is utilized in inclement weather.
3) Postmortem inspection of elk shall be done in accordance with Rule R58-18, Elk Farming.
4) Identification of a carcass with certain severed parts and with the domesticated game animal from which derived.
a) The head, tail, tongue, thymus gland, and viscera of each slaughtered domesticated game animal, and blood and other parts of such domesticated game animal to be used in the preparation of meat food product or medical product, shall be handled in a manner as to identify them with the rest of the domesticated game carcass and as being derived from the particular domesticated game animal involved, until the postmortem examination of the domesticated game carcass and parts has been completed.
b) Handling shall include the retention of ear tags, back tags, implants, and other identifying devices affixed to the domesticated game animal, in a way to relate them to the domesticated game carcass until the postmortem examination has been completed.
c) Brucellosis and tuberculosis ear tags, herd identification ear tags, sales tags, ear bangles, and similar identification devices shall be removed from the domesticated game animal's hide or ear by the postmortem inspector and shall be placed in a clear plastic bag and affixed to the corresponding domesticated game carcass.
5) Carcasses and parts in certain instances to be retained.
a) Each domesticated game carcass, including detached organs and other parts, shall be retained by the postmortem inspector at the time of inspection pending a subsequent inspection or lab test results, if:
i) any lesion or other condition is found that might render the meat or any part unfit for food purposes;
ii) the meat or any part has been otherwise adulterated; or
iii) routine surveillance testing is being conducted for domesticated elk brucellosis or chronic wasting disease.
b) A domesticated elk carcass or domesticated elk meat shall not be released before negative lab test results are received for brucellosis and chronic wasting disease. Processing prior to the receipt of the negative test results shall be overseen by a veterinarian or the veterinarian's designee.
c) The identity of each retained domesticated game carcass, detached organ, or other part shall be maintained until the final inspection has been completed.
d) Retained domesticated game carcasses shall not be washed or trimmed unless authorized by the postmortem inspector or designated veterinarian.
e) The designated veterinarian shall inspect and make the final disposition of retained domesticated game carcasses, including detached organs and other parts.
6) Condemned carcasses and parts to be marked; tanking; separation.
a) Each domesticated game carcass or part that is found on final inspection to be unsound, unhealthful, unwholesome, or otherwise adulterated shall be conspicuously marked, on the surface tissues thereof, by the postmortem inspector at the time of inspection, as "Condemned."
b) Condemned detached organs and other parts of such character that they cannot be so marked shall be placed immediately in a truck or receptacle that shall be kept plainly marked "Condemned."
c) Condemned domesticated game carcasses and parts shall remain in the custody of the postmortem inspector until properly disposed of according to the applicable processes and practices described in 9 CFR 314, as of January 1, 2012, which is incorporated herein by reference, at or before the close of the day on which they are condemned.
R70-590-8. Identification and Records.
1) Bison and Domesticated Elk Identification.
a) A domesticated elk owner must have a Brand Inspection Certificate or Custom Slaughter-Release Permit, issued by a Department Brand Inspector, prior to the farm custom slaughter of the domesticated elk.
b) Bison and domesticated elk owners must also obtain Domesticated Game Slaughter and Processing identification tags from the department for the established fee.
2) Records.
a) The Custom Slaughter-Release Permit shall record the following information:
i) date;
ii) owner's name, address and telephone number;
iii) description of the domesticated game animal including brands, official identification, ear-tags and marks; and
iv) Domesticated Game Slaughter and Processing tag number.
b) The Domesticated Game Slaughter and Processing tag shall record the following information:
i) date;
ii) owner's name, address and telephone number;
iii) location of slaughter;
iv) name of registrant;
v) registration number; and
vi) carcass destination.
R70-590-9. Finished product labeling.
1) Mark of Inspection. Processed domesticated game meat shall be labeled with a mark of inspection obtained from the department bearing a unique identifier for the domesticated game processing registrant.
2) Mandatory Label Requirements. Processed domesticated game meat shall be labeled according to the applicable requirements in 9 CFR 317.2, as of January 1, 2011, which is incorporated herein by reference. The labeling requirements include:
a) a handling statement, such as "Keep Refrigerated";
b) the name of the product, such as "Elk Steak";
c) an ingredient statement, if any have been added to the meat;
d) a signature line with the name and address of the manufacturer;
e) an inspection legend for wholesale product;
f) a net weight statement;
g) the packaging date, sell-by date, or lot number for traceability; and
h) safe handling instructions.
R70-590-10. Withholding action or suspension.
1) The department may take a withholding action or suspension because of:
a) unsanitary conditions or practices;
b) product adulteration or misbranding;
c) conditions that preclude the department from determining that product is not adulterated or misbranded; or
d) inhumane handling or slaughtering of domesticated game.
2) If a withholding action or suspension is taken, the department program employee will immediately notify the registrant in writing of the action and the basis for the action.
R70-590-11. Unlawful Acts; Penalties.
1) A person who commits any of the following acts is in violation of Title 4, Chapter 32a, Domesticated Game Slaughter and Processing, and is subject to action by the department provided for in Title 4, Chapter 2, Part 3, Enforcement and Penalties:
a) operates in a faulty, careless, or negligent manner that poses a threat to public health or safety;
b) refuses or neglects to comply with any limitation or restriction required by a department issued license or permit;
c) refuses or neglects to comply with any sanitation requirement;
d) refuses or neglects to comply with any slaughtering procedure requirement;
e) refuses or neglects to comply with, or interferes with, a withholding action or suspension issued by the department;
f) fails to handle, or interferes with the handling of, a condemned domesticated game carcass and parts as required;
g) fails to retain a domesticated game carcass and parts as required;
h) refuses or neglects to keep and maintain records required by these rules, or to make reports when and as required;
i) refuses or neglects to comply with any finished product labeling requirement;
j) interferes with an antemortem inspection or postmortem inspection;
k) slaughters a domesticated game animal without a Brand Inspection Certificate when required;
l) makes a false, fictitious, or fraudulent claim, written or spoken, misrepresenting the methods, practices, or procedures utilized for domesticated game slaughter or processing;
m) makes a false or fraudulent record, invoice, or report;
n) engages in the business of, advertises for, or holds himself out as a domesticated game slaughter or processing business without having a valid farm custom slaughter license and domesticated game slaughter and processing registration;
o) uses fraud or misrepresentation in making application for a registration, license, permit, or certification, or renewal;
p) aids or abets a licensed or an unlicensed person to evade the provisions of Title 4 Chapter 32a, Domesticated Game Slaughter and Processing, conspires with a licensed or an unlicensed person to evade the provisions of the Chapter, allows their license or permit to be used by another person; or
q) neglects or, after notice, refuses to comply with any other provisions of Title 4 Chapter 32a, these rules, or any lawful order of the department.
2) Penalties. A person who has committed an act that constitutes a violation under this section is subject to the following fines:
a) Public safety violations. $3,000 - $5,000 per violation for an unlawful act that present a direct threat to public health or safety, including the violations in Subsection R70-640-11(1)(a)-(g) and (1)(q) when applicable;
b) Regulatory Violations. $1,000 - $5,000 per violation for an unlawful act that does not present a direct threat to public health or safety or constitute a license violation but are still violations of these rules, including the violations in Subsection R70-640-11(1)(h)-(m) and (1)(q) when applicable;
c) Licensing Violations. $500 - $5,000 per violation for an unlawful act that violates licensing or registration requirements, including the violations in Subsection R70-640-11(1)(n) through Subsection R70-640-11(1)(p) and Subsection R70-640-11(1)(q) when applicable.
3) The department shall calculate each penalty based on the level of violation and the adverse effect or potential adverse effect at the time of the incidents giving rise to the violation.
4) The department may enhance or reduce the penalty based on the seriousness of the violation.
KEY: domesticated game slaughter
Date of Enactment or Last Substantive Amendment: June 4, 2021
Authorizing, and Implemented or Interpreted Law: 4-32a-208