ࡱ> _ bjbj ;bbi{D8(G."}}}cGeGeGeGeGeGeG$IKPG}}GG!!!FcG!cG!!nQBdE \J?0C OGG0GCLL@EE&LE`}:!KO}}}GG Z}}}GL}}}}}}}}} : 01-001 DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY DIVISION OF REGULATIONS Chapter 348: POULTRY SLAUGHTER AND PROCESSING WITH GROWER/PRODUCER EXEMPTION SUMMARY: The purpose of this Rule is to set forth regulations for slaughter and sales of whole poultry by a Grower/Producer who produces less than 1,000 birds annually. This chapter is specific to poultry producers who raise and process only their own birds, on their farm. Growers of 20,000 or more birds are regulated by the United States Department of Agriculture. Definitions For purposes of this chapter and unless the context otherwise indicates, the following words shall have the following meanings. Adequate means that which is needed to accomplish the intended purpose in keeping with good public health practice. Adulteration means the product bears or contains a substance that makes it potentially injurious to health, or that has been held, packed or produced under insanitary conditions. Building means the building or buildings or parts thereof, or associated workspaces used for or in connection with, the slaughter, processing, packaging, labeling or holding of food intended for human consumption. Corrosion resistant material means those materials that maintain their original surface characteristics under prolonged influenced of the food to be contacted, the normal use of cleaning compounds and bactericidal solutions, and other conditions of the environment. Commerce means the exchange or transportation of products solely within the State. Cut-up means that a whole poultry carcass would be sectioned into halves, quarters or other parts, or ground, without changing the character of the product through either cooking, curing, smoking, canning, salting, stuffing, rendering, combining with other ingredients, or otherwise being manufactured or processed. Department means the fb88 Department of Agriculture, Conservation and Forestry. Easily cleanable means readily accessible and of such material and finish and so fabricated, that residues may be completely removed by usual cleaning methods. Exempt means that certain operations qualify to operate without mandatory, continuous bird-by-bird inspection, during slaughter, processing and packaging operations. Food means any article used or intended to be used by human beings for food, drink, confection or condiment, whether simple or compound or any part or ingredient thereof or the preparation thereof. Food contact surfaces means those surfaces of equipment and utensils with which food normally comes in contact. Food processing and manufacturing means an establishment in which food is processed or otherwise prepared and/or packaged for human consumption. Grower/Producer Exempt Status means a grower/producer of less than 1000 birds that meets the licensing requirements of this chapter. HRI refers to Hotel, Restaurants, and Institutions (i.e.: hospitals, prisons, schools, nursing homes, group homes, etc.) Misbranded means that poultry products that are transported or distributed in commerce do not bear a label with specific required identification and information. Perishable food means any food of such type or in such condition or physical state that it may spoil or otherwise become unfit for human consumption. Potentially hazardous food means any perishable food which consist, in whole or in part, of milk or milk products, eggs, meat, poultry, fish, shellfish or other ingredients capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms. Processed or Processing for purposes of this chapter, processing refers to operations in which the carcasses of slaughtered poultry are eviscerated, washed, rinsed, cooled, packaged and labeled. Processing does not include cut-up or further processing. Safe temperatures as applied to potentially hazardous food means product temperature of 40 F or below, and 140 F or above. Safe Handling Instructions as applied to non-ready-to-eat poultry products shall be a statement to include: Keep refrigerated or frozen. Thaw in refrigerator or microwave. Keep raw poultry separate from other foods. Wash working surfaces, including cutting boards, utensils, and hands after touching raw poultry. Cook thoroughly to an internal temperature of at least 165F maintained for at least 15 seconds. Keep hot foods hot. Refrigerate leftovers immediately or discard. Sanitary means that all buildings, associated workspaces, equipment, and utensils shall be suitable for their intended use, and be so designated and of such material and workmanship as to be easily cleanable and properly maintained. Slaughter refers to the act of killing and de-feathering poultry. Wholesome means food in sound condition, clean, free from adulteration and otherwise suitable for human consumption. Criteria for Grower/Producer Exempt Status A poultry grower shall be considered grower/producer exempt and may slaughter his/her own poultry without an inspector being present during slaughter provided that grower meets the requirements in this Chapter 348, sections 2.(1). through 2.(6), and slaughters no more than 1,000 birds in any calendar year. Grower/Producer exempt facilities are not allowed to slaughter birds for others, or birds that are purchased and are not of their own raising. Grower/Producers may not purchase birds for resale that have been processed under another exemption. Slaughter and processing must take place on the Grower/Producers premises, using sanitary procedures, in a facility licensed pursuant to this chapter. Slaughter and processing may not take place in a home kitchen. Only slaughter of healthy birds is allowed. Grower/Producers may sell only from the farm on which the poultry was raised, at a Farmers Market, by delivery directly to a household customer, or to a person who is a member of a community supported agriculture farm that has a direct marketing relationship with the poultry producer. For the purposes of this section, community supported agriculture means an arrangement whereby individual consumers have agreements with a farmer to be provided with food or other agricultural products produced on that farm. A Grower/Producer may not engage in interstate or internet sales. A Retail Meat and Poultry Sales license is required for sales to household consumers, including sales to consumers through community supported agriculture. A Mobile Vendor license is required for sales at a Farmers Market. Grower/Producers who do not meet the requirements of this chapter must comply with all applicable provisions of 22 M.R.S. Chapter 551, 562-A, CMR 01-001, Chapter 343 and CMR 01-001, Chapter 346. Questions regarding the poultry exemptions and requirements in fb88s laws and regulations may be directed to the fb88 Department of Agriculture, Conservation and Forestry, 28 State House Station, Augusta, fb88, 04333. Construction and Design Floors, walls and ceilings shall be constructed so as to be readily cleanable and shall be kept clean and in good repair. Fixtures, ducts, pipes shall not be suspended over working areas in a manner whereby dripping may contaminate foods, raw materials or equipment. Poultry slaughter/de-feathering areas shall be separated from the processing area by walls with self closing doors or a pass through designed in such a way to prevent contamination from the slaughter area. Alternatively, poultry slaughter/de-feather area may be located outside provided it is located in an area that is well drained, blood is collected, protection from contamination from above is provided, de-feathered poultry are placed in an easily cleanable, covered container before transport to processing facility, and sanitary conditions are maintained. For example, lean-to connected to the processing facility, a separate area covered by a sun shelter, a separate area covered by screened tent, etc. Adequate lighting shall be provided where poultry is slaughtered, de-feathered, eviscerated, stored or examined, where equipment or utensils are washed, and in hand washing areas, dressing and locker rooms and toilets. Light bulbs, fixtures, skylights, or other glass suspended over exposed food in any step of preparation shall be of the safety type or be otherwise protected to prevent food contamination in case of breakage. Adequate ventilation shall be provided to eliminate objectionable odors and vapors, including steam, and be constructed in such a manner as to avoid possible airborne contamination from poultry slaughter/de-feathering areas and processing areas. Adequate screening of outer openings, where necessary, shall be provided to exclude birds, pets, flies and other vermin and rodents. Toilets, if provided, shall have a hand wash sink with soap or detergent and disposable towels or other one-use drying devices available at all times. Hand washing and toilet facilities shall be maintained in a clean and sanitary condition. Hand wash signs shall be posted. Toilet rooms, if opening directly into any rooms used for processing or packaging, shall be equipped with self-closing doors. Toilets shall be maintained in a clean and sanitary condition. The toilet room shall be ventilated to the outside, and be kept free of odors, clean and in good repair. Equipment and Utensils 1. Equipment and utensils shall be adequate for their intended use. 2. Equipment and utensils shall be designed and constructed to enable easy cleaning and maintenance. 3. Equipment shall not contaminate food with lubricants, fuel, metal fragments, contaminated water or other sources of possible contamination. Cleaning and Sanitation of Food Contact Surfaces 1. All equipment and utensils shall be maintained in sanitary condition by cleaning at frequent intervals to prevent contamination of food and food products. Suitable facilities for cleaning equipment and utensils shall be provided at convenient locations. All food contact surfaces shall be cleaned and sanitized prior to use and following any interruption during which such utensils and contact surfaces may have become contaminated. Where such equipment and utensils are used in a continuous production operation, the contact surfaces of such equipment and utensils shall be cleaned and sanitized on a predetermined schedule using adequate methods for cleaning and sanitizing. Sanitizing agents shall be effective and safe under conditions of use. Sanitization shall be accomplished by one of the following methods; Immersion for at least one-halve (1/2) minute in clean, hot water at a temperature of at least 170 F Immersion for at least one minute in a clean solution containing at least 50 parts per million of available chlorine as a hypochlorite and at a temperature of not more than 75 F Immersion for at least one minute in a clean solution containing at least 12.5 parts per million of available iodine and having a pH not higher than 5.0 and at a temperature of at least 75 F Any other sanitization method approved by a proper processing authority. Where both cleaning and sanitization are required, sanitization shall follow cleaning. Utensils and product contact surfaces of equipment, which cannot be immersed, shall be sanitized by rinsing with one of the methods described in Section 5.4. 6. All cleaned and sanitized portable equipment and utensils shall be stored above the floor in a clean and dry location in such a manner that all food contact surfaces are protected from splash, dust or other contamination. Sanitary Operations and Controls The water supply shall be ample for operations, and shall be of safe and sanitary quality. Water may be drawn from a public or private supply. Private water supplies shall be tested semi-annually and shall conform to fb88 drinking water quality standards. Hot and cold running water under pressure shall be provided in all areas where foods are processed and at all hand wash stations. Corrosion resistant material shall be used for washing equipment and utensils. If toilets are provided, human sewage disposal shall be made into a public sewerage system or into an approved private sewerage system. Processing water disposal may be via a system with an approved nutrient management plan or an approved alternative disposal plan. Adequate floor drains shall be provided in areas where floors are subjected to flooding type of cleaning or where there is release or discharge of water and waste onto the floor. Hand washing facilities shall be designated for hand washing only, and be adequate and conveniently located in processing areas. Soap or detergent, and disposable towels or other one-use drying devices, shall be provided at all times. Hand washing facilities shall be maintained in a clean and sanitary condition. Hand wash signs shall be posted. Offal and rubbish shall be conveyed, disposed of or stored in such a manner as to minimize the development of odor, prevent waste from becoming an attractant, harborage or breeding place for vermin and flies and prevent contamination of food, food contact surfaces and water supply. Effective measures shall be taken to protect against contamination of food in or on the premises by cats, dogs, birds, rodents or insects. Buildings, fixtures and other physical facilities shall be kept in good repair and maintained in an orderly, sanitary condition at all times Cleaning operations shall be conducted in such a manner as to minimize food contamination or the contamination of food contact surfaces. Only detergents, disinfectants and other cleaning supplies contained in the current List of Chemical Compounds, authorized for use under U.S.D.A. Inspection and Grading Programs shall be used in slaughter and processing facilities. Such detergents, disinfectants, and cleaning supplies shall be used only for their approved purposes as noted in the list. Chemicals, poisonous or toxic materials, shall be stored so they can not contaminate food, equipment or food contact surfaces. Processes and Controls All materials used in the processing operation shall be stored under conditions which will protect against contamination and deterioration. Containers and carriers of raw materials shall be inspected on receipt to assure that their condition will not contribute to contamination or deterioration of product. Any ice used in contact with the product shall be made from potable water and be manufactured in accordance with all applicable food safety standards. It shall be stored, transported and handled in a sanitary manner. Ice may not be re-used. Each lot of poultry requires fresh ice from a potable source. Food processing areas and equipment used for the processing of human food shall not be used in the processing of animal feed or inedible products unless such use cannot result in the contamination of human food. Processing equipment shall be maintained in a sanitary condition through frequent cleaning and shall be sanitized where necessary. Chemical, microbiological or extraneous testing procedures shall be utilized where necessary to identify sanitation failures or food adulterations. Packaging processes or materials shall not transmit contaminants or objectionable substance to the product. Processors shall keep records, so as to enable them to identify specific food lots affected by contamination, spoilage or insanitary conditions and must make these records available to department inspectors upon their request at all reasonable times. Finished products shall be stored and transported under conditions which will preclude all contamination and protect against deterioration of the product and the container. Poultry carcasses should be cooled. Methods to cool poultry carcasses include, cavity of carcasses filled with and covered with potable ice in a clean container until cold, or carcasses cooled under cold running water in a clean container until cold, or carcasses bagged, labeled, immediately frozen at less than 10F, or other acceptable, sanitary means of chilling carcasses in a timely manner. Poultry carcasses should be placed in cold storage until sold. Cold Storage can be part of the processing facility, adjacent to the processing facility, within the producers house, or other areas, and must be dedicated to any food to be sold (cold storage cannot be used to store personal food items). Cross contamination from other commercial products kept in the cold storage must be eliminated. Personnel Employees shall wear clean outer garments, maintain a high degree of personal cleanliness, and wear effective hair restraints in processing areas. Employees shall remove all jewelry, with the exception of wedding rings, to include wrist watches, during periods in which food components are manipulated by hand. Nail polish present shall be removed or covered with gloves during periods in which food components are manipulated by hand. Employees shall wash hands thoroughly in an adequate hand washing facility before starting work, after each absence from workstation, and after any other time when the hands may have become soiled or contaminated. Gloves used in food handling shall be maintained in an intact, clean and sanitary condition. Such gloves shall be constructed of an impermeable material except where their usage would be inappropriate or incompatible with the work involved. No person shall use tobacco in any form in food processing, food handling and equipment/utensil washing areas. Labeling Retail product sold directly to household consumers must bear a label with the following information on each individual package: Name, address and zip code of Grower/Producer, Common name of the product Net weight Lot number Safe handling instructions to include: Keep refrigerated or frozen. Thaw in refrigerator or microwave. Keep raw poultry separate from other foods. Wash working surfaces, including cutting boards, utensils, and hands after touching raw poultry. Cook thoroughly to an internal temperature of at least 165F maintained for at least 15 seconds. Keep hot foods hot. Refrigerate leftovers immediately or discard. fb88 Grower/Producer license number A statement that says: Exempt under 22 M.R.S. section 2517-C NOT INSPECTED Licensing Procedure Application and Fee: Application for approval as a Grower/Producer Exempt Processor shall be filed annually with the Department of Agriculture, Conservation and Forestry. Applications shall be accompanied by the appropriate fee as enumerated in Chapter 330, License Fees to Manufacture and Sell Food & Beverages. In order to allow for the staggering of license expiration dates, initial licenses may be issued for a period exceeding twelve months. In such cases, the initial license fee shall be increased in proportion to the length of the license period. Inspection and Issuance: Before a license is issued the Department shall inspect the premises of the applicant. Following inspection and receipt of the application and required fee, the commissioner shall, within thirty (30) days, issue a license to operate any Grower/Producer Exempt slaughter facility which is found to comply with this chapter and any other applicable rules adopted by the commissioner. When any applicant does not meet the requirements of this chapter, the commissioner may, in his or her sole discretion, issue either a temporary license for a specified period not to exceed 90 days, during which time corrective actions as specified by the commissioner shall be taken by the applicant to meet all applicable requirements or a conditional license setting forth conditions which shall be met by the applicant to the satisfaction of the commissioner. Display. Licenses must be displayed in such a manner as to be easily seen by consumers or other persons using a licensed establishment. Facility Reviews Grower/Producer Exempt slaughter facilities will be reviewed at least annually and may be inspected more frequently, at the discretion of the Commissioner, to monitor ongoing compliance with the requirements of these rules. Facilities with deficiencies that are not corrected in accordance with the correction plan issued by the department may have their Grower/Producer Exempt status suspended or revoked. Risk Categories and requirements for follow-up inspections are as follows: i. Category 1 highest risk; production adulteration detected; follow-up within 5 business days. ii. Category 2 moderate risk; no adulterated product found however insanitary conditions exist so that there is a high risk for product adulteration; follow-up within 30 days. iii. Category 3 slight risk; there may be structural improvements to be made that will reduce the potential for insanitary conditions in the long term; follow-up within 6 months. Category 4 no deficiencies exist; facilities reviewed at least annually. Chapter 348 - Appendix A HUMANE HANDLING & SLAUGHTER GUIDELINES FOR BROILERS, TURKEYS AND OTHER FOWL Good Commercial Practices Based on recommendations from: NATIONAL CHICKEN COUNCIL ANIMAL WELFARE GUIDELINES FOR BROILERS January 28, 2010 NATIONAL CHICKEN COUNCIL 1015 15TH Street NW Suite 930 Washington DC 20005 phone (202) 296-2622 fax (202) 293-4005 AND ANIMAL WELFARE APPROVED (AWA) WELFARE STANDARDS FOR CHICKEN, TURKEY, DUCK 2010 ANIMAL WELFARE APPROVED 1007 Queen Street Alexandria, VA 22314 202-564-5292 FAX: 202-446-2151 HUMANE HANDLING & SLAUGHTER GUIDELINES FOR BROILERS, TURKEYS AND OTHER FOWL Preface Under the Poultry Products Inspection Act (PPIA), all live poultry must be handled in a manner that is consistent with good commercial practices, which means they should be treated humanely. Poultry product resulting from birds that are killed in a manner that is not consistent with good commercial practices, is considered adulterated under the PPIA. The following guidelines are consistent with good commercial practices, and are to be used to assure the humane treatment of poultry, and to promote the production of quality poultry products. Humane Handling During Catching The producer has a person in charge of promoting animal welfare and adherence to these Guidelines. Feed is withdrawn up to 8 hours prior to transport but not exceed 24 hours prior to slaughter. Water is continuously available until the birds are crated. Birds are crated immediately prior to loading. Unfit animals are not transported, and are euthanized the same day, at the farm, by trained individuals. Employees of the producer are trained before handling live birds. A training program is conducted annually for all employees involved in handling live poultry (multi-lingual if necessary). Supervisors of producer catching crews have the responsibility for training crew members in handling of birds so as to minimize injury to the birds. Whenever birds are handled for any reason, handling is accomplished in such a manner as to avoid injuries. Abuse of the birds is not tolerated under any circumstances. Chickens are not dragged, kicked, or mishandled in any way. Catchers are not to catch or carry birds by the wings, necks or head, and are not to throw them or step on them. Chickens are caught calmly and with a minimum of chasing. It is recommended that birds be caught in dimmed light to minimize the stress for the birds. If chickens are to be picked up by the legs, they will be held by both legs without crossing the birds legs. Catchers are not to carry more than two birds in one hand. The producer monitors birds for wing and leg damage. Transport coops: Are appropriately sized to permit the birds to sit during transport without being on top of one another (in a single layer) Are designed to prevent chickens toes and heads from being injured. Are in good repair so that birds cannot be injured or escape during transit. Have doors large enough for the chickens to be easily loaded and removed from the crates. Have solid floors. Are cleaned and sanitized between each group of birds. Are monitored and repaired. Transport density: Will not exceed 12 lbs per square foot in weather below 60 F. Will not exceed 10 lbs per square foot in weather above 60 F. Humane Handling During Transport (not applicable for Grower-Producer Exemption who must slaughter on their own premises, in their own facilities, and therefore not transport to another slaughterhouse) Truck drivers transporting chickens will maintain a log: To record loading start and end times To record departure and arrival times To record reasons for and duration of any stops or delays en route Keep either a master log, or the truck logs are turned in to a central location for review The truck driver will protect birds from extremes of heat and cold during transportation, with a ceiling or trailer cover if truck is open. Transport is designed to minimize the time from catching to plant. Transport to slaughter facility will not exceed 4 hours. Alternatives are in place in case of traffic delays or road closures. There is a clear, written procedure for the driver to follow in case of a crash or emergency enroute to include: actions taken by the driver and a clear point at which he should call for assistance. driver has an emergency number that will reach the staff poultry scientist or farmer staff poultry scientist or farmer will initiate logistic actions that could include getting a replacement truck to the scene, getting a crew to the scene to reload the birds and designating a person responsible for euthanizing or separating injured birds. The number of birds dead-on-arrival (DOA) at the plant are minimized. Greater than 0.5% DOAs will require a corrective action. Humane Handling During Unloading, Holding and Prior to Stunning The poultry processing facility has a person in charge of promoting animal welfare and adherence to these Guidelines. Employees of the processing facility are trained before handling live birds. A training program is conducted annually for all employees involved in handling live poultry (multi-lingual if necessary). Whenever birds are handled for any reason, handling is accomplished in such a manner as to avoid injuries. Abuse of the birds is not tolerated under any circumstances. There will be no inappropriate handling or employee misbehavior. Processing facility supervisors have the responsibility for training crew members in handling of birds so as to minimize injury to the birds. If chickens are to be picked up by the legs, they will be held by both legs without crossing the birds legs. Catchers are not to carry more than two birds in one hand. Catchers are not to catch or carry birds by the wings, necks or head, and are not to throw them or step on them. The person delivering the birds to slaughter will stay with the birds to ensure that they are handled according to guidelines. In the event of a utility outage, mechanical breakdown, or some other event that dictates that not all the birds moved to the processing facility can be processed, measures are taken to make the birds comfortable. Rehousing birds is stressful and is considered only in extreme situations. Holding times are kept to the minimum consistent with good processing practices, not to exceed 15 hrs. Feed withdrawal should not exceed 24 hours prior to slaughter. The processing facility has a program and equipment for keeping birds comfortable in covered holding sheds. The holding facility is designed to keep the birds dry, shaded and cool in the summer, warm in the winter. Procedures are in place to retrieve loose birds in a timely manner. If the processing facility employs mechanical catching systems it will develop protocols to ensure humane handling of birds. The goal is to ensure that mechanical catching is at least equal to hand-catching in terms of bruises and injuries. No live bird will enter the DOA bin. Unloading: Cages are lifted and moved from trailers in a manner not to injure birds The unloading and conveyor system is designed to avoid injury to birds. Birds are not unloaded on top of other birds. Conveyors have sufficient space and no obstructions. Birds remaining in cages are carefully removed. Birds are not handled by the wings. Best management technology, such as adjustment of light levels, is in use to help keep birds calm. Birds will be unloaded in a dimly lit room. Birds must be unloaded and slaughtered within 2 hrs of arrival at the slaughterhouse. Crates will be unloaded in an upright position and will be handled with care to ensure they are not tipped. Personnel and equipment will handle birds in a manner that minimizes broken legs and wings. A program is in place to monitor wing and leg damage. Broken wings and legs are monitored, preferably before the stunner; however, immediately after the stunner is also acceptable. There will be less than 3% broken or dislocated wings. Greater than 5% broken or dislocated wings requires a corrective action. Corrective action is required if there are more than 2 broken legs per 500 birds. Humane Handling During Stunning and Killing Killing of birds without prior stunning is prohibited. Stunning will render the birds immediately insensible to pain. Methods of stunning included in good commercial practices: Controlled Atmosphere Killing (CAK), poultry remain in crates and oxygen is slowly replaced by a mixture of argon and/or nitrogen and carbon dioxide, is the preferred method of killing prior to bleed-out. Controlled Atmosphere Stunning (CAS), poultry remain in crates and oxygen is slowly replaced by carbon dioxide, is the preferred method of stunning prior to kill and bleed-out. Rapid cervical dislocation prior to kill and bleed-out. Single, sharp blow to the head prior to kill and bleed-out. Electric stunning knife to induce a post-stun posture that includes arched neck and wings tucked as visual evidence of an effective stun, prior to kill and bleed-out. Stunning equipment is monitored to insure proper function Cones may be used to restrain birds prior to stunning. Birds will not leave the cones until dead. Automatic knife used after an accepted method of stunning is effective to cut vessels and induce bleed-out. All birds are dead before entering the scalder. [Evidence that a live bird entered the scalder consists only in a finding after the picker that the birds carotid arteries were not cut.] Personnel and equipment will handle birds in a manner that minimizes broken legs and wings. Aprogram is in place to monitor wing and leg damage. a. Broken wings and legs are monitored, preferably before the stunner; however, immediately after the stunner is also acceptable. b. There will be less than 3% broken or dislocated wings. Greater than 5% broken or dislocated wings requires a corrective action. c. Corrective action is required if there are more than 2 broken legs per 500 birds. Any live birds culled at the processing facility will be euthanized by: Controlled Atmosphere Killing (CAK), poultry remain in crates and oxygen is slowly replaced by a mixture of argon and/or nitrogen and carbon dioxide, the preferred method for killing. Rapid cervical dislocation Any other American Veterinary Medical Association (AVMA) or American Humane Association (AHA) approved method. 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