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The Florida Senate

1999 Florida Statutes

585.88  Exemptions.--

(1)  The provision of this part requiring inspection of the slaughter of animals and the preparation of animal products at establishments conducting such operations for intrastate commerce shall not apply to:

(a)  The slaughtering by any person of animals which he or she has raised, and his or her preparation and transportation of the product of such animals for his or her exclusive use, as well as for the use of the members of his or her household and nonpaying guests and employees.

(b)  The custom slaughter by any person of animals delivered by the owner, and the preparation by the slaughterer and transportation of the product of such animals, for the exclusive use of the owner and members of his or her household and nonpaying guests and employees.

(c)  The custom preparation by any person of animal products derived from the slaughter by any person of animals which he or she has raised, or from game animals, delivered by the owner for such custom preparation, and transportation of such custom-prepared products, exclusively for use by the owner and members of his or her household and nonpaying guests and employees. All such custom slaughtering or custom processing as provided for in paragraph (b) or this paragraph shall operate under department supervision pursuant to s. 585.91. The operations at any officially inspected or custom establishment shall be exempt from the inspection requirements which the department is hereby authorized to promulgate to ensure that any animal products, wherever handled on a custom basis, or any containers or packages containing such products, are separated at all times from products prepared for sale, and that all such products prepared on a custom basis, or any containers or packages containing such products, are plainly marked "Not For Sale" immediately after being prepared, and kept so identified until delivered to the owner.

(d)  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 products to consumers at such establishments. For the purpose of this paragraph, operations conducted at a restaurant central kitchen facility shall be considered as being conducted at a restaurant, if the restaurant central kitchen prepares products that are ready to eat when they leave such facility and are served in meals or as entrees only to customers at restaurants owned or operated by the same person owning or operating the central kitchen facility.

(2)  The department may refuse, withdraw, or modify an exemption under this section in its discretion whenever the department determines that such action is necessary to effectuate the purposes of this part.

(3)  The adulteration and misbranding provisions of this part, other than the requirements of the inspection legend, shall apply to products which are exempted from inspection or not required to be inspected under this section.

History.--s. 61, ch. 90-321; s. 937, ch. 97-103.