---
kind: "section"
citation: "21 U.S.C. § 623"
title: "21"
title_heading: "Food and Drugs"
number: "623"
heading: "Exemptions from inspection requirements"
release: "119-102"
url: "https://uscodex.org/usc/21/623"
units:
  - "Chapter 12 — Meat Inspection"
  - "Subchapter I — Inspection Requirements; Adulteration and Misbranding"
---

# §623. Exemptions from inspection requirements

- (a) **Personal slaughtering and custom slaughtering for personal, household, guest, and employee uses—** The provisions of this subchapter requiring inspection of the slaughter of animals and the preparation of the carcasses, parts thereof, meat and meat [food](/usc/21/346a.md?p=a-1) products at establishments conducting such operations for [commerce](/usc/21/601.md?p=h) shall not apply to the slaughtering by any [person](/usc/21/379j–21.md?p=k-10) of animals of his own raising, and the preparation by him and transportation in [commerce](/usc/21/601.md?p=h) of the carcasses, parts thereof, meat and meat [food](/usc/21/346a.md?p=a-1) products of such animals exclusively for use by him and members of his household and his nonpaying guests and employees; nor to the custom slaughter by any [person](/usc/21/379j–21.md?p=k-10), [firm](/usc/21/601.md?p=b), or corporation of cattle, sheep, swine or goats delivered by the owner thereof for such slaughter, and the preparation by such slaughterer and transportation in [commerce](/usc/21/601.md?p=h) of the carcasses, parts thereof, meat and meat [food](/usc/21/346a.md?p=a-1) 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; nor to the custom preparation by any [person](/usc/21/379j–21.md?p=k-10), [firm](/usc/21/601.md?p=b), or corporation of carcasses, parts thereof, meat or meat [food](/usc/21/346a.md?p=a-1) products, derived from the slaughter by any [person](/usc/21/379j–21.md?p=k-10) of cattle, sheep, swine, or goats of his own raising, or from game animals, delivered by the owner thereof for such custom preparation, and transportation in [commerce](/usc/21/601.md?p=h) of such custom [prepared](/usc/21/601.md?p=l) articles, exclusively for use in the household of such owner, by him and members of his household and his nonpaying guests and employees: Provided, That in cases where such [person](/usc/21/379j–21.md?p=k-10), [firm](/usc/21/601.md?p=b), or corporation engages in such custom operations at an establishment at which inspection under this subchapter is maintained, the [Secretary](/usc/21/601.md?p=a) may exempt from such inspection at such establishment any animals slaughtered or any meat or meat [food](/usc/21/346a.md?p=a-1) products otherwise [prepared](/usc/21/601.md?p=l) on such custom basis: Provided further, That custom operations at any establishment shall be exempt from inspection requirements as provided by this section only if the establishment complies with regulations which the [Secretary](/usc/21/601.md?p=a) is hereby [authorized](/usc/21/360eee–1.md?p=a-6) to promulgate to assure that any carcasses, parts thereof, meat or meat [food](/usc/21/346a.md?p=a-1) products wherever handled on a custom basis, or any containers or packages containing such articles, are separated at all times from carcasses, parts thereof, meat or meat [food](/usc/21/346a.md?p=a-1) products [prepared](/usc/21/601.md?p=l) for sale, and that all such articles [prepared](/usc/21/601.md?p=l) on a custom basis, or any containers or packages containing such articles, are plainly marked “Not for Sale” immediately after being [prepared](/usc/21/601.md?p=l) and kept so identified until delivered to the owner and that the establishment conducting the custom operation is maintained and operated in a sanitary manner.
- (b) **Territorial exemption; refusal, withdrawal, or modification—** The [Secretary](/usc/21/601.md?p=a) may, under such sanitary conditions as he may by regulations prescribe, exempt from the inspection requirements of this subchapter the slaughter of animals, and the preparation of carcasses, parts thereof, meat and meat [food](/usc/21/346a.md?p=a-1) products, by any [person](/usc/21/379j–21.md?p=k-10), [firm](/usc/21/601.md?p=b), or corporation in any [Territory](/usc/21/601.md?p=g) not organized with a legislative body solely for [distribution](/usc/21/360eee.md?p=5) within such [Territory](/usc/21/601.md?p=g) when the [Secretary](/usc/21/601.md?p=a) determines that it is impracticable to provide such inspection within the limits of funds appropriated for administration of this chapter and that such exemption will otherwise facilitate enforcement of this chapter. The [Secretary](/usc/21/601.md?p=a) may refuse, withdraw, or modify any exemption under this subsection in his discretion whenever he determines such action is necessary to effectuate the purposes of this chapter.
- (c) **Pizzas containing meat food products—**
  - (1) Under such terms and conditions as the [Secretary](/usc/21/601.md?p=a) shall prescribe through rules and regulations issued under [section 624 of this title](/usc/21/624.md) that may be necessary to ensure [food](/usc/21/346a.md?p=a-1) safety and protect public health such as special handling procedures, the [Secretary](/usc/21/601.md?p=a) shall exempt pizzas containing a meat [food](/usc/21/346a.md?p=a-1) product from the inspection requirements of this chapter if—
    - (A) the meat [food](/usc/21/346a.md?p=a-1) product components of the pizzas have been [prepared](/usc/21/601.md?p=l), inspected, and passed in a cured or cooked form as ready-to-eat in compliance with the requirements of this chapter; and
    - (B) the pizzas are to be served in public or private nonprofit institutions.
  - (2) The [Secretary](/usc/21/601.md?p=a) may withdraw or modify any exemption under this subsection whenever the [Secretary](/usc/21/601.md?p=a) determines such action is necessary to ensure [food](/usc/21/346a.md?p=a-1) safety and to protect public health. The [Secretary](/usc/21/601.md?p=a) may reinstate or further modify any exemption withdrawn or modified under this subsection.
- (d) **Adulteration and misbranding provisions applicable to inspection-free articles—** The adulteration and misbranding provisions of this subchapter, other than the requirement of the inspection legend, shall apply to articles which are exempted from inspection or not required to be inspected under this section.

## Source credit

(Mar. 4, 1907, ch. 2907, title I, § 23, formerly 21st, 22nd pars., 34 Stat. 1265; June 29, 1938, ch. 810, 52 Stat. 1235; renumbered § 23 and amended Pub. L. 90–201, §§ 1, 11, Dec. 15, 1967, 81 Stat. 584, 591; Pub. L. 91–342, July 18, 1970, 84 Stat. 438; Pub. L. 102–237, title X, § 1016(a), Dec. 13, 1991, 105 Stat. 1902.)

## Notes

### Editorial Notes

### Codification

Section was formerly classified to sections 91 and 92 of this title.

### Amendments

1991—Subsecs. (c), (d). Pub. L. 102–237 added subsec. (c) and redesignated former subsec. (c) as (d).

1970—Subsec. (a). Pub. L. 91–342 changed proviso so as to permit custom slaughterers to conduct a separate inspected meat business, continued the exemption for owners to slaughter and process their own animals for their own use, authorized the Secretary to exempt custom slaughtering and processing performed by an inspected establishment, and required that custom slaughtered articles be clearly marked “not for sale”.

1967—Pub. L. 90–201, § 11, substituted provisions for personal, custom, and territorial slaughtering exemptions and for application of adulteration and misbranding provisions to inspection-free articles for farmer definition and retail butcher and retail dealer exemption provisions.

1938—Act June 29, 1948, amended section generally.

### Statutory Notes and Related Subsidiaries

### Effective Date of 1967 Amendment

Amendment by Pub. L. 90–201 effective upon expiration of sixty days after Dec. 15, 1967, see section 20(c) of Pub. L. 90–201, set out as an Effective Date note under section 601 of this title.

### Regulations

Secretary to issue final rules no later than Aug. 1, 1992, to implement exemption authorized by subsec. (c) of this section, see section 1016(c) of Pub. L. 102–237, set out as a note under section 464 of this title.