H. B. 2284
(By Delegates Leggett, Beach, Henderson,
Talbott, Burke and Proudfoot)
[Introduced January 30, 1995; referred to the
Committee on Agriculture and Natural Resources.]
A BILL to amend and reenact section eight, article two-b, chapter
nineteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to exemptions to
the inspecting of meat and meat products when animals are
slaughtered and dressed for exclusive use of owner, his
family and other nonpaying persons; and providing when owner
can pay a person who is not a commercial or custom
slaughterer for his services.
Be it enacted by the Legislature of West Virginia:
That section eight, article two-b, chapter nineteen of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 2B. INSPECTION OF ANIMALS, MEAT AND MEAT PRODUCTS.
§19-2B-8. Exemptions.
(a) In order to accomplish the objectives of this article,
the commissioner may by reasonable rules
and regulations exempt
from inspection:
(i) Any commercial dealer, provided all carcasses, meat,
meat food products and meat by-products sold or offered for sale
by such dealer were slaughtered and/or processed in commercial
establishments under state inspection or have been inspected and
passed by the United States department of agriculture or have
been approved by the United States department of agriculture and
shall be prepared, identified, labeled and sold in normal retail
quantities as prescribed by reasonable rules
and regulations
promulgated by the commissioner;
(ii) The slaughtering by any person of animals of his own
raising, and the preparation by him of the carcasses, meat, meat
food products and meat by-products of such animals exclusively
for use by him and members of his household and his nonpaying
guests and employees; or custom slaughtered animals, by a custom
slaughterer, delivered by the owner thereof for such slaughter and the preparation by such slaughterer or custom processor of
the carcasses, meat, meat food products and meat by-products of
such animals, exclusively for use, in the household of such
owner, by him and members of his household and his nonpaying
guests and employees:
Provided, That the custom slaughterer or
custom processor is not handling adulterated carcasses, meat,
meat food products and meat by-products; maintains identity of
carcasses, meat, meat food products and meat by-products; and
maintains acceptable sanitation and operational controls as
prescribed by reasonable rules
and regulations promulgated by the
commissioner:
Provided, however, That nothing contained in this
article shall prevent any person, who has animals of his own
raising when the meat, meat food products and meat by-products of
such animals are exclusively used by him and members of his
household and nonpaying guests and employees, from slaughtering
any of those animals or having slaughtered or dressed any of
those animals by a person other than a commercial slaughterer or
custom slaughterer, as defined in this article, and paying that
person for these services;
(iii) Antemortem and postmortem inspection of a licensed custom slaughterer;
(iv) Any other operations which the commissioner may
determine would best be exempted to further the purposes of this
article, to the extent such exemptions conform to the federal
Meat Inspection Act and the federal Poultry Products Inspection
Act as amended from time to time and the regulations thereunder.
(b) Any institution operated by the state requiring
inspection under this article shall be exempt from the licensing
fee as required by section four of said article.
NOTE: The purpose of this bill is to allow the owner of
animals raised, maintained and slaughtered exclusively for his
own use to pay for the services of slaughtering, butchering or
dressing the carcass to a person who is not a commercial or
custom slaughterer.