Navigating the regulations for selling food, especially meat and poultry, can be complex. This guide focuses on How To Get A License To Sell Food, specifically addressing the Article 5A Slaughterhouse License in New York State, essential for those involved in the slaughter and processing of poultry and certain red meat animals. We’ll break down the requirements, exemptions, and steps involved in obtaining the necessary permissions to operate legally.
Understanding the Article 5A Slaughterhouse License
The New York State Department of Agriculture and Markets requires an Article 5A Slaughterhouse License for processing specific animal species. Understanding which species fall under this license is crucial.
- Amenable Poultry Species: These are poultry species that require USDA inspection if distributed for sale or further processing. This includes chickens, turkeys, ducks, geese, guineas, ratites (like ostriches and emus), and squabs.
- Non-Amenable Species: These include quail, pheasant, bison, buffalo, rabbit, captive-raised deer, and emu. Note that while emu is listed as both amenable and non-amenable, this is likely a typo in the original source and should be clarified with the NYSDAM.
- Prohibited Species: USDA-amenable red meat species, such as cattle, sheep, goats, lamb, swine, equine, and siluriform (catfish), cannot be slaughtered or processed under the Article 5A Slaughterhouse License. Consult the USDA Food Safety and Inspection Service (FSIS) for information on slaughtering these species.
Poultry Exemptions and the Article 5A License
The USDA provides exemptions from federal bird-by-bird inspection for those processing amenable poultry. These exemptions are regulated and important to understand:
- Producer/Grower Exemptions: These apply if you raise all your birds. If you source mature poultry from elsewhere, you won’t qualify.
- Customer Base: Consider whether you sell retail only or wholesale (stores, hotels, restaurants, institutions).
- Annual Processing Limit: Certain exemptions have limits on the number of amenable birds you can slaughter annually. Refer to the USDA Table of Exemptions for details.
- Live Bird Markets: These fall under the “Retail Store” exemption but cannot sell to other retail stores.
- Small Enterprise Exemption (SEE): With a 5A license, you can purchase live birds from individuals and sell the processed poultry back to them for resale. However, processing under the SEE is limited to cut-up only (no grinding), and the birds processed for others count towards the 20,000-bird annual limit for the slaughterhouse.
Remember, a business can only operate under one exemption at a time.
Applying for the Article 5A License: The New Applicant Packet
To apply for an Article 5A license, you’ll need to submit a packet for review. This includes:
- Zoning Letter: This letter from your city, town, or municipality confirms that your location is approved for Article 5A slaughter operations. Contact your local zoning office to obtain this.
- Floor Plan: A basic layout of your establishment, showing entrances/exits, room separation, sinks, equipment, windows/ventilation, drains, coolers/freezers, and any attached structures.
- Water Tests: If you use non-municipal water, you need a recent analysis (within the past three months) for nitrite, nitrate, and coliform.
- Checklist: This covers the documentation needed and items required regarding facility structure, equipment, and amenities. Marking “YES” acknowledges that the items must be in place at the time of inspection; it doesn’t indicate that the facility is already constructed.
Mail the checklist, zoning letter, floor plan, and water test (if applicable) to the NYAGM regional office that covers your county. A list of offices is available in the applicant packet.
After packet approval, you’ll receive the application. Submit the completed application and schedule a pre-operative inspection when your firm is ready. The timeframe from scheduling to inspection is approximately two business weeks.
Once you pass the inspection, you can begin licensable processing activities. Your Article 5A license will be mailed to the address on your application.
Exemptions from Article 5A Licensing: The 1000 Bird Producer/Grower Exemption
Certain operations are exempt from needing an Article 5A license. One key exemption is the 1000 Bird Producer/Grower Exemption:
- Requirements: You can slaughter up to 250 turkeys or an equivalent number of other bird species (four other birds = one turkey) raised on your farm annually without a license. You can’t buy or sell poultry products other than those from poultry raised on your farm. This exemption is found in both Article 5A regulations and the USDA Table of Exemptions.
- NYAGM Policy for 1000 Bird Producer/Growers:
- All birds must be raised by the individual/farm.
- Processed poultry can be sold whole or parted to separate customers.
- Processing is limited to cut-up of raw product only. No grinding, cooking/smoking, marinating, or further processing. Reduced oxygen packaging is prohibited.
- Sales are to the end-user only. Transactions can occur at the farm or a farmer’s market venue. Poultry products cannot be distributed to other businesses like retail stores, hotels, restaurants, institutions, or distributors.
- Poultry product cannot be offered for sale out of state.
- Processing cannot exceed the 1000-bird limit within a calendar year.
- Registration: Complete the 1000 Bird Producer/Grower exemption form and mail it to the New York State Department of Agriculture and Markets, 10B Airline Drive, Albany, New York 12235, attention Food Safety. You can also email the completed registration.
Key Considerations and FAQs
- Out-of-State Sales: Amenable poultry products slaughtered under a 5A license or license-exempt producer/grower can only be distributed within New York State. Non-amenable animal products can cross state lines, but the incoming state determines acceptability.
- 5A and 20-C Licenses: If you hold both a 5A slaughterhouse license and a 20-C food processing license, whether you can use the amenable poultry slaughtered in your 20-C business depends on your specific activities. Those operating under the Producer/Grower or Small Enterprise 20,000-bird limit exemptions can sell to or use the poultry in their own retail business. However, Live Bird Markets cannot sell to other retail businesses or use amenable poultry in a retail business they own.
- Rabbits: Rabbits can’t be slaughtered under the 1000-bird producer/grower exemption. They can be slaughtered in an Article 5A licensed slaughterhouse.
- Wild Game: Only captive-raised deer can be slaughtered and offered for sale. Game animals can be slaughtered in a 5A facility for the owner’s personal consumption during non-licensable business hours or when completely segregated from licensable activities.
- Custom Slaughter: No license is needed for custom slaughter of wild game for the animal owner, provided the product is not offered for sale and all processed parts are returned to the owner.
Conclusion
Obtaining a license to sell food, particularly meat and poultry, in New York State requires careful attention to detail and adherence to regulations. Understanding the Article 5A Slaughterhouse License, associated exemptions, and application process is crucial for operating a legal and successful business. By following this guide and consulting with the NYSDAM, you can navigate the licensing process effectively and ensure compliance.
For further questions, contact John Arnold at (518) 457-0378.
