105 C.M.R. 500.030 – General Requirements and Exemptions

(A) All persons who operate a meat or poultry slaughter and/or processing facility shall comply with 105 CMR 500.030 through 500.031.
1. (1) Included are custom slaughter and custom processing operations, and persons who slaughter or process wild animals that have been raised commercially for wholesale, such as, but not limited to, rabbits, buffalo, deer, elk, and emus. These animals are included in the definition of livestock or poultry, and their products are included in the definition of meat or poultry.
2. (2) Wild-caught animals such as deer, moose, etc. may be processed at a custom facility after notification to the Department as required by 105 CMR 500.031(K)(9)(a).
(B) All persons who slaughter livestock shall comply with federal regulation 9 CFR Part 313: Humane Slaughter of Livestock. Ritual slaughter as defined in M.G.L. c. 94, § 139G and the handling or other preparation of livestock for ritual slaughter shall be exempt from this requirement.
(C) All persons who operate a meat or poultry slaughter and/or processing facility shall comply with all applicable federal regulations, including but not limited to 9 CFR Part 416: Sanitation.
(D) Pork. All facilities handling pork shall handle it in compliance with the methods prescribed in 9 CFR § 318.10: Prescribed Treatment of Pork and Products Containing Pork to Destroy Trichinae.
(E) No person shall slaughter or process livestock, wild-caught animals, or poultry, or operate a meat or poultry slaughter and/or processing facility, without a valid license granted by the Department, or in violation of any of the applicable requirements of 105 CMR 500.000.
1. (1) Any person applying to the Department for a license shall provide documentation showing either that he or she is currently being inspected by USDA's Food Safety and Inspection Service (FSIS) or is exempt from the requirement of such inspection. No license will be issued in the absence of such documentation.
2. (2) No person subject to inspection under FSIS may continue to operate if such inspection has been withdrawn by FSIS. Such withdrawal of inspection shall result in the summary suspension of the license, and any hearing requested shall be limited to the issue of whether FSIS withdrew inspection. An affidavit from FSIS shall be prima facie evidence of whether FSIS inspection was withdrawn.
(F) Exempt Activities. The slaughtering by an individual of livestock or poultry of his or her own raising on his or her own premises, and the preparation by him or her of the carcasses, parts thereof, and food products of such animals on his or her own premises exclusively for use by him or her and the members of his or her household and his or her nonpaying guests and employees, are exempt from regulation under 105 CMR 500.000, provided that such livestock or poultry is healthy and is slaughtered and processed under such sanitary standards, practices, and procedures as result in the preparation of food products that are sound, clean, and fit for human food.
(G) Duly authorized inspectors may inspect to confirm that the persons conducting operations that are exempt from regulation are in compliance with the appropriate conditions for exemption provided in 105 CMR 500.030(F).
(H) Exemptions Based on Religious Dietary Laws. Any person who slaughters or processes poultry or poultry products which have been or are to be processed as required by recognized religious dietary laws may apply for exemption from specific provisions of 105 CMR 500.000 which are in conflict with such religious dietary laws.
(I) Notification to the Department. Any person subject to inspection by FSIS must notify the Department immediately when such inspection is withdrawn. After the grant of inspection is withdrawn, such person must notify the Department when the grant of inspection is reinstated.