1. A. The requirements of this section apply to the custom slaughter and processing by any person of uninspected livestock carcasses or parts, delivered by or for the owner thereof for such processing. These products are not for sale to the public and are for the exclusive use of the owner, a member of the owner's household, or a nonpaying guest or employee of the owner. The requirements of this section do not apply to hunter-killed game animals, hunter-killed exotic animals, or hunter-killed feral swine.
2. B. No adulterated carcasses or parts as defined in this rule may be accepted for custom processing.

3. C. Exempt records and recordkeeping system:

   1. (1) Operators of facilities conducting custom exempt operations shall keep records for a period of one year from the date of slaughter or processing.
4. (2) Custom slaughter records shall contain the name, address, and telephone number of the owner of each animal presented, and the date the animal was slaughtered, the species and brief description of the livestock.
5. (3) All such records shall be maintained at the licensed establishment for 48 hours following completion, after which they may be stored off-site provided such records can be made available within 24 hours of request.
6. (4) Records described above shall be available to department officials on request.
7. D. Animals for slaughter:
8. (1) Only healthy animals exhibiting no abnormalities, may be accepted for custom slaughter at custom slaughter establishments.
9. (2) Unhealthy or unsound animals are those that exhibit any condition that is not normally expected in a healthy and sound member of that species.
10. (3) Examples of abnormal or unsound animals include: animals that are not able to get up, or animals that have a missing or abnormal eye(s), swellings, rectal or vaginal prolapse, excessive ocular or nasal discharge, open abscesses, or a limp from an obviously healed break in the leg(s).
11. (4) Animals that have an obviously recent break of the lower leg (below the stifle or elbow) and are able to walk and stand are not considered to be unsound if no other abnormal conditions are observed.
12. (5) A program official that determines an animal or carcass is adulterated, unfit for human food, is from an unhealthy or unsound animal, or may be a health hazard, may attach a “New Mexico retained” tag to the carcass and parts thereof and document the reason for attaching a tag on form specified by the department and deliver the form to the operator or manager of the establishment. The owner of the carcass shall be notified by the plant operator or manager and advised of the potential health risk. The custom processor shall ensure that the owner of the carcass or parts either authorizes the voluntary destruction and denaturing of the carcass and all parts or agrees to remove the carcass from the custom processing establishment.
13. (6) Under no circumstances may the carcass be further processed at any establishment.
14. (7) Carcasses, or parts thereof, derived from animals that have died through circumstances other than slaughter is considered adulterated as defined herein. This includes animals such as roadkill or animals that have died by disease, trauma, or other accident. Such animals may not enter or be processed by a licensed or granted establishment.
15. E. Procedures regarding receiving farm slaughtered livestock: If a custom processor accepts farm slaughtered animals for custom processing, records shall contain a signed statement from the animal owner that the animal was healthy and exhibited no abnormalities, other than an obviously recent break to the lower leg (below the stifle or elbow) and was able to walk and stand at the time of slaughter.
16. F. Additional records to be kept by establishment:
17. (1) Additional records to be kept include bills of sale, invoices, bills of lading, and receiving and shipping papers for transactions in which any livestock or carcass, meat, or meat food products are purchased, sold, shipped, received, transported, or otherwise handled by the custom slaughter establishment.
18. (2) Additional records to be kept include bills of sale, invoices, bills of lading, and receiving and shipping papers for transactions in which any livestock or carcass, meat, or meat food products are purchased, sold, shipped, received, transported, or otherwise handled by the custom processor.
19. G. Retail operations in a custom exempt establishment:
20. (1) If the custom slaughter or processing establishment also maintains a retail meat outlet, separate records as listed above in this section shall be maintained for each type of business conducted at the establishment.
21. (2) Retail products shall be clearly labeled and identified during receiving, storing, processing, and packaging.
22. (3) Retail products and custom exempt meat products shall maintain proper separation by time and or space during receiving, storing, processing, and packaging.
23. H. Sanitary operations and sanitation standard operating procedures (SSOP): The NMLB, through the MPID, adopts by reference, 9 CFR 416 of the Code of Federal Regulations (CFR), as amended for custom sanitary operations and sanitation standard operating procedures (SSOP). Custom exempt slaughter and processing establishments shall be maintained in a manner sufficient to prevent the creation of insanitary conditions and to ensure product is not adulterated. Each custom exempt slaughter and processing establishment shall comply with the requirements of 9 CFR 416.
24. I. Specified risk materials (SRM) removal and Handling:
25. (1) The NMLB, through the MPID, adopts by reference, 9 CFR 310.22 of the Code of Federal Regulations (CFR), as amended for the handling and disposing of specified risk materials from cattle.
26. (2) Each custom slaughter establishment shall comply with the requirements of 9 CFR 310.22 regarding the handling and disposing of specified risk materials from cattle.
27. (3) Each custom processing establishment that receives farm slaughtered livestock shall comply with the requirements of 9 CFR 310.22 regarding the handling and disposing of specified risk materials from cattle.
28. J. Humane handling and slaughter of livestock: The NMLB, through the MPID, adopts by reference, 9 CFR 313 and 9 CFR 310.18(b) of the Code of Federal Regulations (CFR), as amended for the humane handling and slaughter of livestock. Custom exempt slaughter operators shall comply with the requirements of 9 CFR 313 and 9 CFR 310.18(b).
29. K. Inedible materials and denaturing requirements:
30. (1) Receptacles used for storing inedible material shall be of such material and construction that their use will not result in the adulteration of any edible product or in the creation of insanitary conditions. Such receptacles shall not be used for storing any edible product and shall bear conspicuous and distinctive marking to identify permitted use.
31. (2) Carcasses, parts thereof, meat and meat food products that are adulterated and not returned to the owner shall be adequately denatured or de-characterized to preclude their use as human food. Before the denaturing agents are applied, carcasses and parts thereof shall be freely slashed or sectioned. The denaturing agent shall be applied in such quantity and manner that it cannot easily and readily be removed by washing or soaking. A sufficient amount of the appropriate agent shall be used to give the material a distinctive color, odor, or taste so that such material cannot be confused with an article of human food.
32. L. Building and facilities: The NMLB, through the MPID, adopts by reference, 9 CFR 416 of the Code of Federal Regulations (CFR), as amended for building and facilities. Custom exempt slaughter and processing establishments shall be maintained to prevent conditions that could lead to insanitary conditions, adulteration of product, or interfere with inspection by department representatives. Establishments shall have in place a pest management program to prevent the harborage and breeding of pests on the grounds and within establishment facilities. Pest control substances 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 insanitary conditions. Each custom exempt slaughter and processing establishment shall comply with the requirements of 9 CFR 416.
33. M. Equipment and utensils: The NMLB, through the MPID, adopts by reference, 9 CFR 416 of the Code of Federal Regulations (CFR), as amended for equipment and utensils used for processing or otherwise handling edible products or ingredients shall be of such 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 a sanitary condition so as not to adulterate product. Each custom exempt slaughter and processing establishment shall comply with the requirements of 9 CFR 416.

34. N. Marking and labeling, storage of custom prepared products:

    1. (1) Carcasses and parts therefrom that are prepared on a custom basis shall be marked immediately at the time of preparation with the term “not for sale” in letters at least three-eighths inch in height and shall also be identified with the owner’s name or a code that allows the identification of the carcass or carcass part back to its owner.
    2. (2) Only ink approved for the purpose shall be used to apply ink brands bearing marks to carcasses of cattle, sheep, swine, or goats and fresh meat cuts derived therefrom. Any ink containing F.D. & C. Violet No. 1 shall not be used.

35. (3) Green ink shall not be used to apply marks to carcasses of cattle, sheep, swine, or goats or fresh meat cuts derived therefrom.

    1. (4) Custom prepared products shall be packaged immediately after preparation and shall be labeled with the term “not for sale” in lettering not less than three-eighths inch in height. Such custom prepared products or their containers shall also bear the owner’s name and any additional labeling such as product cut or description, and the establishment’s information.
    2. (5) Boxes and any containers used as tote boxes shall be clean and stored off the floor in a manner sufficient to prevent the creation of insanitary conditions and to ensure product is not adulterated.
36. (6) Containers and trucks or other means of conveyance in which any carcass or part is transported to the owner shall be kept in a clean and sanitary condition.
37. (7) Paper or other materials used for covering or lining containers and the cargo space of trucks or other means of conveyance shall be of a kind that does not tear during use but remains intact and does not disintegrate when moistened by the product.
38. O. Ingredients:
39. (1) All ingredients and other articles used in the preparation of any product shall be clean, sound, healthful, wholesome, and not result in the adulteration of product. A letter of guaranty from the manufacturer stating the ingredient or article is safe when used as an ingredient or in contact with food shall be obtained by the custom processor and made available upon request to the department representative.
40. (2) No substance may be used in the preparation of any product unless it is an FDA approved additive.
41. (3) Nitrates shall not be used in curing bacon.
42. (4) With respect to bacon made with dry curing materials, the product shall be cured by applying a premeasured amount of cure mixture to the bacon belly surfaces, completely covering the surfaces. Sodium nitrite shall not exceed 200 ppm ingoing or an equivalent amount of potassium nitrite (246 ppm ingoing) in dry cured bacon based on the actual or estimated skin-free green weight of the bacon belly.
43. (5) When curing products other than bacon, nitrites, nitrates, or combination shall not result in more than 200 ppm of nitrite in the finished product.

[21.33.2.18 NMAC - N, 11/07/2025]