Rules and Regulations for the Sale of Meat & Poultry Products in Missouri Andrew D. Clarke Food Science Program University of Missouri Speaker’s Background Education: B.S. & M.S. in Animal Science, Texas Tech; Ph.D. in Animal Science, Colorado State University Experiences: – Meat Lab Manager (Est 5777), TTU – Technical Advisor, MAMP – HACCP Coordinator, Missouri – Extension Meats Specialist, MU Key Question: What are the rules and regulations to get into direct marketing and sale of meat or poultry in Missouri? Answer: Overview Starting a business Identifying agencies with jurisdiction Examining the laws and regulations Complying with label requirements Discussing specific scenarios Starting a Business Determine the type of business – What is the product to be produced and sold? – Who is the intended customer? – How should the company be organized? – Where will the business be located? – When should the owner comply with the rules? Business Basics Secretary of State – Starting a business http://www.sos.mo.gov/business/corpor ations/startBusiness.asp#entityReg – Links to organizations helpful for starting a business http://www.sos.mo.gov/business/corpor ations/links.asp More Business Basics University Extension – Small business start-up kit http://extension.missouri.edu/publication s/DisplayPub.aspx?P=CD31 – Missouri Value-Added Center http://valueadded.missouri.edu/ – Missouri Alternatives Center http://agebb.missouri.edu/mac/ Identifying Agencies with Jurisdiction for Meat and Poultry USDA Food Safety and Inspection Service (FSIS) – http://www.fsis.usda.gov/ Missouri Department of Agriculture (MDA) – http://mda.mo.gov/ Missouri Department of Health and Senior Services (MDHSS) – http://www.dhss.mo.gov/ Other Agencies with a Role USDA Agricultural Marketing Service (AMS) – http://www.ams.usda.gov/AMSv1.0/ Food and Drug Administration (FDA) – http://www.fda.gov/Food/default.htm Missouri Department of Natural Resources (DNR) – http://www.dnr.mo.gov/ What is allowable under various types of meat inspection? Federal Inspection – – – – Not for sale (NFS) product Intrastate sales Interstate sales International sales State Inspection – NFS product – Intrastate sales Custom Exempt – NFS product Rules and Regulations that Apply to Meat Products Acts of Congress Missouri Revised Statutes Acts of Congress Federal Meat Inspection Act – http://www.fsis.usda.gov/Regulations_&_ Policies/FMIA/index.asp Packers and Stockyards Act, 1921 – http://archive.gipsa.usda.gov/lawsandreg s/law/PS_act.pdf Humane Slaughter Act – Part 603 paragraphs a and b of FMIA Exemptions Custom Exemption 9 III 303.1 (a)(2): 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; Retail Exemption 9 III 303.1 (d) (1) The requirements of the Act and the regulations in this subchapter 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 for sale in normal retail quantities or service of such articles to consumers at such establishments. Operations Accepted as Traditional at Retail Cutting up, slicing, and trimming carcasses, halves, quarters, or wholesale cuts into retail cuts such as steaks, chops, and roasts, and freezing such cuts Grinding and freezing products made from meat Curing, cooking, smoking, rendering or refining of livestock fat, or other preparation of products, except slaughtering or the retort processing of canned products Breaking bulk shipments of products Wrapping or rewrapping products. Amenable Species for Missouri "Livestock", cattle, calves, sheep, swine, ratite birds including but not limited to ostrich and emu, aquatic products as defined in section 277.024 RSMo, llamas, alpaca, buffalo, elk documented as obtained from a legal source and not from the wild, goats, or horses, other equines, or rabbits raised in confinement for human consumption Yak Poultry Exemptions USDA Guidance for Determining Whether a Poultry Slaughter or Processing Operation is Exempt from Inspection Requirements of the Poultry Products Inspection Act – http://www.fsis.usda.gov/OPPDE/rdad/FSISNotic es/Poultry_Slaughter_Exemption_0406.pdf – See Figure 1 (page 5) for a flowchart to make decisions on exemptions Other Regulatory Requirements Hazard Analysis and Critical Control Point (HACCP) system Sanitation Standard Operating Procedures (SSOP) Good Manufacturing Practices (GMP) Food Defense Plan Carol L. Lorenzen Associate Professor Division of Animal Sciences University of Missouri Outline Federal agencies involved with food and meat labels Required components of food labels Label approval process Voluntary meat marketing claims used in food labels Federal Agencies Involved with Food and Meat Labels Federal Trade Commission U. S. Customs and Border Protection When is an Approved Meat Label Required? Meat and poultry products distributed in interstate commerce Food products containing meat and poultry distributed in interstate commerce Labels that appear on food packages Point of purchase materials, if shipped with product Required Components of Meat Labels Product name Inspection legend and establishment number Handling statement Net weight statement Ingredients statement Address line (Signature line) Nutrition facts Safe handling instructions Principle Display Panel Product name Net weight Inspection legend Handling statement (if necessary) Needs to cover 40% of total surface area Information Panel Nutrition facts Ingredient statement – In order of predominance from largest to smallest Address line Nutritional Facts Total calories Calories from fat Total fat Saturated fat Cholesterol Sodium Total carbohydrate Dietary fiber Sugars Protein Vitamin A Vitamin C Calcium Iron Other Required Label Information Safe handling instructions can be placed anywhere on the package Label Approval Process Submit two copies of the label application to USDA-FSIS – Additional copies are needed if there are animal production claims Submit a sketch of the label Label consultants are not needed to facilitate label approval Labels are reviewed in the order they are received Types of Label Approvals Product Label “Temporary” Labels Generic Labels – Can be undertaken by the establishment Additional Information That Can be on Meat Labels Special markings Nutritional claims – Term needs to be defined by regulations Animal production claims – Supporting documentation Interaction Between USDA-AMS and FSIS Standards, analysis and technology branch develops voluntary marketing claims Audit, review and compliance branch serves as an independent, third party reviewer for supporting documentation Commonly Approved Animal Production Claims Raised without added hormones Free range Free roaming Raised without antibiotics Grass fed Grain fed Corn fed Certified organic Not fed animal byproducts Unapproved Animal Production Claims Antibiotic free Naturally grown Hormone free Drug free Residue free Chemical free Residue tested Organic Naturally raised Organically raised Voluntary Animal Production Marketing Claims Certified Organic Never Ever 3 Non-hormone Treated Cattle Grass fed Comparison of Voluntary Marketing Claims Preventative vaccines Organic Never Ever 3 Non-hormone Treated Cattle Grass Fed * * * * * * * * * * prior to Coccidiostats Hormones, Growth Promotants Antibiotics Vitamins & Minerals Milk Products * weaning Specified and Confirmed in USDA regulations, policies, and marketing claim standards. Not defined but an interpretation of USDA regulations, policies, and marketing claim standards. Comparison of Voluntary Marketing Claims Organic Egg Products Never Ever 3 * * 100% Organic Feed Required * Fed Only Grass or Forage Genetically Engineered Feedstuffs Allowed Grass Fed * * Mammalian & Avian By-products Aquatic Byproducts Non-hormone Treated Cattle * * * Comparison of Voluntary Marketing Claims Organic Access to Outdoors Including Pasture Required Organic Management, Last 1/3 of Gestation Never Ever 3 Non-hormone Treated Cattle Grass Fed High Quality Beef Export Meat from Cloned Animals Allowed * * * Meat from Genetically Engineered Animals Allowed * * * What is Involved with Developing a Voluntary Marketing Claim? 1. Gather information from all segments of the supply chain. Develop a working group from these segments to draft a new standard. 2. Working group proposes a suggested approach to test and verify the standard. What is Involved with Developing a Voluntary Marketing Claim? 3. 4. USDA writes a draft standard and publishes it in the Federal Register for comment. USDA reviews comments and redrafts (if necessary) standard for final notice in the Federal Register. If substantial changes are made, another draft for comment is published. Status of New Voluntary Marketing Claims Naturally Raised – Final document being cleared Tenderness Claim – Working groups have been established Predictive technology Methodologies, verification and testing Economic implications Consumer implications and sensory – Data is being collected and discussed in preparation for writing a draft standard End of Lorenzen Contribution Other Labeling Topics Obtaining a UPC Missouri “Organic” Regulations COOL Misbranding and penalties Obtaining a UPC The Universal Product Code is vital for sales where scanners are employed – http://www.gs1us.org/Home/tabid/36/De fault.aspx Lesson for obtaining a UPC – http://barcodes.gs1us.org/dnn_bcec/Defa ult.aspx?tabid=376 Missouri Organic Regulations Authority to develop standards and labeling for organic agriculture – http://www.moga.mo.gov/statutes/C200299/2610000110.HTM Details on organic labeling accessible from AMS – http://www.ams.usda.gov/AMSv1.0/ – Search under National Organic Program Country of Origin Labeling Authority for COOL in Missouri – http://www.moga.mo.gov/statutes/C200299/2650000286.HTM More details on COOL may be obtained from AMS – http://www.ams.usda.gov/AMSv1.0/ – Search under COOL Misbranding Regulations Missouri Revised Statutes regulate – Transport and sale of misbranded, adulterated, or unmarked meats http://www.moga.mo.gov/statutes/C200299/2650000442.HTM – Prohibited marketing practices http://www.moga.mo.gov/statutes/C200299/2650000494.HTM More Labeling Information The Office of Policy and Program Development (labeling info) – http://www.fsis.usda.gov/about/labeling_ &_consumer_protection/index.asp Coverage on almost any topic related to labeling meat products Discussion of Specific Scenarios Selling meat at the farm Selling meat at farmer’s markets Selling meat “door-to-door” Selling meat via wholesale or retail markets Selling processed meats The End