§ 106-549.58. Poultry not for human consumption; records; registration.

§ 106‑549.58. Poultry not for human consumption; records; registration.

(a)        Inspection shall not be provided under this Article at anyestablishment for the slaughter of poultry or the processing of any carcassesor parts or products of poultry, which are not intended for use as human food,but such articles shall, prior to their offer for sale or transportation inintrastate commerce, unless naturally inedible by humans, be denatured orotherwise identified as prescribed by regulations of the Board to deter theiruse for human food. No person shall buy, sell, transport, or offer for sale ortransportation, or receive for transportation, in intrastate commerce, anypoultry carcasses or parts or products thereof which are not intended for useas human food unless they are denatured or otherwise identified as required bythe regulations of the Board or are naturally inedible by humans.

(b)        The following classes of persons shall, for such period oftime as the Board may by regulations prescribe, not to exceed two years unlessotherwise directed by the Commissioner for good cause shown, keep such recordsas are properly necessary for the effective enforcement of this Article inorder to insure against adulterated or misbranded poultry products for theAmerican consumer; and all persons subject to such requirements shall, at allreasonable times, upon notice by a duly authorized representative of theDepartment of Agriculture and Consumer Services, afford such representativeaccess to their places of business and opportunity to examine the facilities,inventory, and records thereof, to copy all such records, and to takereasonable samples of their inventory upon payment of the fair market valuetherefor:

(1)        Any person that engages in the business of slaughtering anypoultry or processing, freezing, packaging, or labeling any carcasses, or partsor products of carcasses, of any poultry, for intrastate commerce, for use ashuman food or animal food;

(2)        Any person that engages in the business of buying or selling(as poultry products brokers; wholesalers or otherwise), or transporting, inintrastate commerce, or storing in or for intrastate commerce, any carcasses,or parts or products of carcasses, of any poultry;

(3)        Any person that engages in business, in or for intrastatecommerce, as a renderer, or engages in the business of buying, selling, ortransporting, in intrastate commerce, any dead, dying, disabled, or diseasedpoultry or parts of the carcasses of any poultry that died otherwise than byslaughter.

(c)        No person shall engage in business, in or for intrastatecommerce, as a poultry products broker, renderer, or animal food manufacturer,or engage in business in intrastate commerce as a wholesaler of any carcasses,or parts or products of the carcasses, of any poultry, whether intended forhuman food or other purposes, or engage in business as a public warehousemanstoring any such articles in or for intrastate commerce, or engage in thebusiness of buying, selling, or transporting in intrastate commerce any dead,dying, disabled, or diseased poultry, or parts of the carcasses of any poultrythat died otherwise than by slaughter, unless, when required by regulations ofthe Board, he has registered with the Commissioner his name, and the address ofeach place of business at which, and all trade names under which, he conductssuch business.

(d)        No person engaged in the business of buying, selling, ortransporting in intrastate commerce, dead, dying, disabled, or diseasedpoultry, or any parts of the carcasses of any poultry that died otherwise thanby slaughter, shall buy, sell, transport, offer for sale or transportation, orreceive for transportation in intrastate commerce, any dead, dying, disabled,or diseased poultry or parts of the carcasses of any poultry that diedotherwise than by slaughter, unless such transaction or transportation is madein accordance with such regulations as the Board may prescribe to assure thatsuch poultry, or the unwholesome parts or products thereof, will be preventedfrom being used for human food. (1971, c. 677, s. 11; 1997‑261, s. 109.)