On-Farm Direct Sale Exemption

Poultry Bill &
Processing in
Will Fargo
Food Safety Specialist
Food Safety Division
Oregon Department of Agriculture
(503) 232-1014
[email protected]
Jurisdiction & Regulatory Authority
Food Safety
Inspection Service
• 1957: Poultry Products Inspection Act (PPIA)
mandated Federal inspection at businesses that
slaughter poultry or process poultry products that
enter interstate or foreign commerce.
• 1968: Extended the mandate for Federal inspection
to all businesses that slaughter or process poultry for
shipment within a State unless the firm meets certain
exemption requirements within the act.
USDA Food Safety Inspection
Service Exemptions
Personal Use
Custom Processing
Poultry Producer/Grower – 1,000 bird limit
Poultry Producer/Grower – 20,000 bird limit
Poultry Producer/Grower or Other Person
• Small Enterprise – 20,000 bird limit
• Retail Sales
Food Safety Division
Food Safety
Animal Health
Food Safety
& Standards
Food Safety Division
• Oregon Revised Statutes (ORS) 603.025 & 616.706
require licensing of poultry processing facilities.
• ORS 619.026: Sanitation requirements.
• Oregon Administrative Rules (OAR) 603-028 & 603025: Building & Facilities requirements
Oregon House Bill 2872
• Signed by the Governor May 19, 2011, effective
• Creates an exemption from ODA licensing
requirements for a person who raises and slaughters
no more than 1,000 poultry per year and meets
other conditions.
What species of poultry
can be processed under
the Poultry Bill?
Domesticated species including
chickens, turkeys, ducks, geese, or
guinea fowl. Poultry does NOT include
ratites, endangered or protected
species, wild game birds, non-game wild
birds, or pet birds.
Why wouldn’t this qualify?
How many poultry can be
processed under the
Poultry Bill?
No more than 1,000 poultry per
year of all species combined.
Can I purchase live
poultry to process under
the Poultry Bill?
No, the person performing the
slaughter must raise the poultry
since they are two weeks of age or
younger. Poultry must be
wholesome, unadulterated and
free from disease
Do I have to keep records?
• Yes, the person claiming the exemption must maintain
clear and understandable records documenting the
o The person raised the poultry since it was two weeks
of age or younger.
o The year-to-date cumulative total of each species
and total quantity of poultry slaughtered.
o Date of Slaughter.
o Sales records (species, quantity and date of sale).
o Address of the poultry business.
o Sanitation Logs documenting slaughter, cleaning,
warewashing, chemical use and any other records
required by the ODA.
• Records must be made available to ODA inspectors
on request.
Things you cannot do
under the Poultry Bill
• Poultry cannot be sold to restaurants, hotels,
institutions or grocery stores. All sales must be
directly to the end consumer.
• Poultry cannot be cut up, ground or further
processed and must be sold as a whole carcass.
• Poultry may not enter interstate commerce. This
includes selling poultry to residents of another state
who intend to return to their state with poultry
processed under the Poultry Bill.
Are there any labeling
The label must include:
• Net weight
• Product description (including species and type of
• Farm name
• Farm address (or zip code only if your farm is listed in
a local directory)
• Safe handling instructions (next slide)
OREGON” in type that is at least ¼-inch tall.
Can I freeze poultry after
slaughter, to hold for a
Are exempt firms
inspected by the ODA
• Firms processing under the Poultry Bill are not
placed on a routine inspection schedule by the
• The ODA may conduct an unscheduled inspection
of an exempt poultry slaughtering facility and its
• Failure to conduct activities in accordance with
the Poultry Bill will make a person or poultry business
subject to the licensing provisions of ORS 603.025
and 616.706 and all applicable regulations and
Am I required to construct a
poultry processing building?
• Because The Poultry Bill exempts firms from licensing
requirements (ORS 603.025 & 616.706) but does not exempt
firms from building, facilities or sanitation requirements (ORS
619.026, OAR 603-025 & OAR 603-028).
• It is the intent of the Department’s Food Safety Division to
promote and enable the State Legislature’s directive to
encourage Oregon-grown poultry production for
consumption in the state of Oregon by Oregonians.
• The Oregon Administrative Rules distinguish between two
different types of exemption under the Poultry Bill, the Off-Farm
Direct Sale Exemption and On-Farm Direct Sale Exemption.
Off-Farm Direct Sale
• This exemption allows an individual to sell poultry
away from the farm directly to the end consumer
(i.e. farmers market sales).
• In order to qualify under the Off-Farm Direct Sale
Exemption, an individual must provide a poultry
processing building in compliance with ODA
poultry processing buildings and facilities
requirements (ORS 619.026 and OAR 603-028-0100).
On-Farm Direct Sale
• This exemption restricts an individual to on-farm sales
only, meaning direct sales to the end consumer who
comes to the processing location to purchase poultry.
• Under the On-Farm Direct Sale Exemption, poultry
processing can be conducted with minimal building and
facilities and a poultry processing building is not
required. Poultry must be “reasonably” protected, which
can be accomplished with a combination of a canopy,
tarps, and floor mats.
• Limiting sales of poultry processed under minimal
building and facilities gives consumers some capacity to
assess sanitation, building and facilities themselves when
they purchase poultry.
Give a Hoot, Don’t Pollute
• A producer may compost up to 20-ton
(40,000 pounds) of solid and liquid waste
(blood, offal, feathers) without a permit
from any agency of the State of Oregon.
Composting must not influence surface
• A producer who composts greater than the 20-ton limit or who
wants to apply solid and/or liquid waste (blood, offal,
feathers) directly to the surface of the land can contact the
ODA's Natural Resources Division at 503-986-4700 for further
information and permit requirements that may apply to their
specific situation.
ODA CAFO Program
ODA Ag Water Quality
• Addresses water pollution associated with
agricultural lands and activities.
• Clean Water Act
o Regulates discharge into public waters
o NPDES Permitting
• Oregon Agricultural Water Quality Act
o Soil & Water Conservation Districts
• Coordinated Water Management
o Mechanism to respond to water quality issues
o 39 plans and rules
Other ODA Programs
Pesticide Program
Fertilizer Program
Commodity Inspection
Animal Health & ID
Plant industry
Agriculture Development & Marketing
Lauren Gwin, Ph.D.
Research Associate
Darren Sisk, Investigator
Agricultural and Resource Economics
Oregon State University
(503) 399-5643 (office)
(541) 737 1569 (office)
(503) 399-5644 (fax)
Western Region
(541) 760 0529 (cell)
Will Fargo
Food Safety Specialist
Food Safety Division
Oregon Department of Agriculture
[email protected]
(503)232-1014 (office)
(503) 432-7092 (cell)
OSU Guide: Best Practices
for Open Air Slaughter
Processing site
Personal hygiene
Pathogen Control
Anti-microbial spray step •
Monitoring &
Wastewater & offal
Useful Resources
Download from OSU Small Farms website:
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