It wasn’t always smooth sailing, but the pilot program worked. Glitches could be negotiated fairly because all parties were on the same page. That is one of the greatest beauties of transparency.
Exemptions
Generations have passed since Upton Sinclair exposed the stockyards of Chicago. Slaughterhouses have become mechanized havens of out-of-sight, out-of-mind efficiencies. Their assembly lines became speed models for those of Henry Ford. The consequences of mechanization demand regulations that reflect it. This isn’t a necessarily a bad thing. Factory slaughterhouses need regulations. But regulations need to be adjustable down to the little guys. And that’s essentially what regulators have done by including exemptions.
Poultry Exemptions
“An exempt operation is exempt from all requirements of the Poultry Products Inspection Act (ppia). Exempt operations are exempt from continuous bird-by-bird inspection and the presence of fsis inspectors during the slaughter of poultry and processing of poultry products.”
— Robert D. Ragland, dvm, mph., Senior Staff Officer, Risk and Innovations Management Division, Poultry Exemptions under the Federal Poultry Products Inspection Act.
Those wise souls knew that all farms, and all kinds of slaughter and processing, are not the same. The world of agriculture and food is not one-size-fits-all. Although the Massachusetts DPH at first chose not to allow exemptions, Richard Andre had done his homework. He knew it was in their power to do so and he challenged them on that point.
“We propose,” he wrote, “that a license that is scale-able and that does not disadvantage small farmers is appropriate and possible under current Massachusetts statute. Our proposal is to have the Commissioner of Public Health use the power vested to him under MGL Chapter 94 Section 130 to issue a license for exempt operations at a fee of $25. We would also support that the license is held by the individual grower/farmer. The current license fee of $225 is for slaughterhouses with revenue up to $10 million. It would also be beneficial if the license period could be for a multi-year period.
“We also believe there should not be any additional restrictions to the amount of birds allowed to be processed under the USDA Poultry Products Exemption Act and its complementary state law. That being said, and there appears to be agreement across the various stakeholders, the current dep limit of 2,500 birds a year is a reasonable level that requires the farmer/grower to enter into a discussion with both dep and mdar in order to formally review their water and composting plans.”
IGI’s strategy in implementing its poultry program was always grounded in the right to raise the food you want to eat to feed yourself and your family. “We (IGI) had brought Joel Salatin to speak to our community those few years back,” Richard explains. “And it was powerful. He made an impact, at least on me. When you value the right to eat the food you want, it gives you courage to keep on fighting for that right.” Thank you, Richard.
The DPH’s Reason for Being
When I first read the application from the state’s department of public health, it felt like a cruel joke on little local agriculture. The Application for Initial Licensure to Process Meat and Poultry (etc.) is the same one that Cargill, Oscar Mayer, and Perdue must fill out to open up shop in Massachusetts, if they choose to. The fee for the permit was $225 for “under $10 million in sales” or $375 for “over $10 million in sales.” That was it: two sizes, big and bigger. Compared to what we were trying to build for our little farms, it was titanic.
We were to fill in these blanks, aware we were starting at zero:
The plant will operate how many days a week? Hours per week? Hours per day?
Estimate how many animals of each — cattle, calves, sheep, goats, swine, equine, chickens, capons, turkeys, geese, ducks, rabbit — would be slaughtered in a week.
Estimate weekly volume of fresh meat or ready-to-cook poultry to be disposed in wholesale sales.
Last, estimate the volume of product to be prepared and processed weekly — meats, sausages, edible fats, bacon, ham, fabricated steaks, poultry dinners, pies, canned meat or poultry, fresh cut or equine meat product, and other (specify).
I estimated one turkey a week and that was pushing it: I didn’t know anyone at the time raising turkeys, but I didn’t want to exclude it, should someone want to. I filled in the form, overestimating to the hefty number of 300 chickens a year or five or six broilers a week. I noted that we had no intention of humanely slaughtering other species, including horses, using the MPPT. But it was nice to know we could do rabbits if we wanted to.
Understanding Where They Come From
Making the dph out to be the butt of the joke — or worse, the villain of this story — is not my intention: in fact, it is quite the opposite. The agency is charged with the regulation of safe, clean slaughter and processing in its mission to protect public health. It was simply operating under outdated and oversized regulations concerning the small to micro farm. The incredible thing, really, is that the agency acknowledged it and, in its way, engaged in dialogue and mediation.
Slaughter and processing make up one of those transformative systems that should connect farming and food.
The DPH also oversees the bottling of water, permits to immunize, burial and cremation, pharmacies, water systems, and food-borne illness. It is not an agricultural agency and it’s not supposed to be. Along with the departments of agriculture and environmental protection they make up a system of checks and balances.
Nevertheless, there’s no battle cry that resonates more deeply with farmers than this: “Keep your boards of health off my farm and out of my business.” I’ve seen a room of farmers nod in brother/sisterhood and grumble a hallelujah chorus to this refrain. It seems everyone’s got at least one nasty story to tell about how the board of health screwed over a farm in one way or another. I’d fallen for that siren’s song as well.
But not anymore. Here’s why. We’re currently experiencing the sickening consequences of when a meat system essentially self-regulates and is monopolized by corporations or special-interest groups. Those groups’ lobbyists in turn keep Congress on their side and in their pocket. So as difficult as developing working relationships across departments can be, it will make for more transparent and safer food systems in the long run, and that can only lead to safer meat and greater consumer confidence. Once regulations are responsive, scalable, and functional, they represent not just costs of doing business to the farmer but marketing opportunities to suspicious, salmonella-weary consumers, as well.
Intrastate or Interstate Sales
Intrastate sales: Sales within a state’s border
Interstate sales: Sales beyond a state’s border
In our tiny community, the demand for island-grown chickens far exceeds local supply. Jefferson Munroe of The GOOD Farm claims he can and does sell every chicken he raises. Along with other farmers he is permitted under IGI’s license to sell only within the state. A permit that is limited only in interstate sales is not a problem for a farmer like Jefferson. As long as he can sell legally, that’s the most important thing.
Whether intrastate sales are barriers to meat producers is being examined. A new cooperative program between the federal Food Safety and Inspection Service and state governments is examining the shipment of state-inspected meats evaluated at the state licensing level. As of 2012, Ohio and Wisconsin were on the cutting edge, with North Dakota coming up strong. This new initiative may prove to be one of those instances where regulations can change to support more local and regional food systems.
Cease and Desist
The day had started early, as usual, and events were going along pretty well. But I’d been rattled since the day before when, at a farm-to-school conference, I was accosted by a USDA agent. For privacy’s sake, and in the spirit of the acronyms that our government so loves, I will refer to him as Rude Man in Gray Suit.
“Are you Ali Berlow?” RMGS asked tersely as he presented himself with nary an outstretched hand. I remembered we’d
met before, at a conference about local and regional meat production. But before I could chit-chat about farm-to-school initiatives and school lunch he blurted out, “So what about the Cease and Desist?”
“Excuse me?” I replied. Knowing nothing about any Cease and Desist order, I went into predator-alert mode.
RMGS was certain that I or IGI had been served a Cease and Desist order regarding the mobile trailer. “Everyone’s talking about it,” he said. “What are you going to do now?”
My heart and stomach both wanted to jump out of my body. My mind raced, wondering if I could have missed such an action. But don’t you have to sign a receipt for something so draconian-sounding? Nothing like that had come through our mail — I was sure of it.
“Gee,” I said. “If everyone’s talking about it, then I wish someone would talk to me about it. Sorry, no Cease and Desist here. May I have your card?” Mr. RMGS turned out to be USDA Rural Development Director of Community & Business Programs.
I quickly found myself a quiet room where I could make some phone calls. First my husband: “Honey, we haven’t gotten any special mail recently, have we?” No, nothing had arrived by certified mail. Then I called Jim Athearn of Morning Glory Farm, where we’d scheduled Flavio and the Chicken Crew to attend to Jim’s flock the next day. I feared the said C&D had been delivered to him and that the RMGS simply had his facts wrong. Jim, steady and even-tempered as always, appreciated the check-in. All was well and on track for the slaughter.
What’s a Cease and Desist?
Black’s Law Dictionary defines Cease and Desist as “an order of an administrative agency or court prohibiting a person or business firm from continuing a particular course of conduct.”
A C&D could be issued by an agency or a district attorney. It is a quit conduct of behavior, as issued by an administrative or judicial action. In the real world and practically speaking, there are two kinds of cease and desist: One is essentially a warning shot sent across your bow with no real intent to follow up with enforcement. The other is more serious and is issued with the intent to follow up.
You will know when you receive a C&D. It will be delivered to you by certified mail or handed to you in person.
You are allowed to request a hearing to learn about its origin. It’s done on a case-by-case basis and under the interpretation of what the agency or inspector intended.
It’s best to contact the Farm-to-Consumer Legal Defense Fund if you’ve enjoyed the pleasures of a C&D. They have a national perspective and a sense of the regulatory temperature in the country and, hence, in your state.
My last call was to Flavio, and it was my most dreaded. Flavio is Brazilian: a legal immigrant but an immigrant nonetheless with a strong accent and honey-colored skin. I feared for him. I feared that he was easy pickings, the most vulnerable link in this chain, and that I had made him vulnerable to intimidation by our government. I felt responsible.
But all was well with Flavio and his wife Marcia. At that very moment they were in my driveway in Vineyard Haven, where the mobile slaughterhouse was stored, hooking it up to drive it to Morning Glory Farm. It’s our practice to get the MPPT to the location the day before. One less thing to attend to on the Big Day Of.
No Cease and Desist had been served that day. Rattled and disoriented from the encounter, however, I left the farm-to-school conference early. I could only think that bad things were underway that might throw the MPPT, the farmers, and the poultry program under the bus.
Once home, I called my lawyer to describe the face-to-face encounter, and that’s when I finally got emotional and upset. An agent of the USDA is an agent of the federal government. Why use intimidation when you’re already wearing the badge? My lawyer was calm and gave me what may be one of the best pieces of advice I’ve ever received about being an activist.
“Welcome the Cease and Desist,” Frank said. “Welcome it?” I answered, confused. “Yes,” he said. “It’s how the system engages.” Whether it is the Department of Public Health or the USDA that is handing out the Cease and Desist, it’s just another move on the chessboard.
I could only think that bad things were underway that might throw the MPPT, the farmers, and the poultry program under the bus.
This helped solidify my understanding that these agencies by definition can only be reactive. You have to the throw the ball against the wall to see, react, and catch it after it bounces back at you. That’s how you play catch with regulations. Otherwise, nothing will ever happen. Nothing will ever change. It’s another reason it takes a strong constitution to advocate, to stand there and take whatever the RMGSs of the world, God bless them, are trying to dish out.
Chapter 7
The Big Day Of
I loved the truth. Even in just this one thing: looking straight at the terrible,
one-sided accord we make with the living of this world.
At the end, we scoured the tables, hosed the dried blood, the stain blossoming through the water.
— excerpt from “What Did I Love” by Ellen Bass. Used by permission.
Planning for the slaughter starts the day a farmer’s chicks arrive in the mail, because that’s the same day the Chicken Crew should be contacted to schedule the MPPT. In those 8 to 10 weeks as the chicks grow out, try to connect a farmer new to the MPPT with a farmer who will be slaughtering in that time period. Seeing the MPPT and the Chicken Crew in action will help new farmers understand how to prepare their property for their Day Of.
See page 127 for the Farmer’s Checklist. The farmer should have received this list for preparing her farm well in advance of her Day Of. Let there be no (or at least few) surprises on the chickens’ one bad day.
The Farmer’s To-Do List
The day you start rearing your broiler chicks, schedule the slaughter dates with the Crew as mentioned above. As the birds grow you can make a calm, smooth, transparent preparation for their final day.
A Few Weeks in Advance
Choose the site(s). Provide access to power and water. Assess prevailing wind in relation to food crops and produce storage areas. Avoid road dust and overhanging trees. Have your drinking water tested for total coliform and nitrate/nitrite; have a copy for the state and a copy for your local board of health.
Obtain two copies of your Salmonella pullorum certificate: one for the state, one for the board of health. This is a very contagious bird-to-bird, hen-to-chicks disease. For more information, go to the USDA’s Animal and Plant Health Inspection Service site and specifically The National Poultry Improvement Plan (NPIP).
Obtain plenty of wood chips or other absorbent material to absorb runoff. Do not use sawdust or shavings as they are too light and can get swept up by a breeze.
Set up your composting in accordance with requirements of your departments of agricultural resources and environmental protection. To find regulations in your state, search for “on-farm” + “composting” + (your state) + “guidelines” or “regulations.” The Cornell Waste Management Institute of Cornell University is also a terrific resource on composting livestock and “butcher waste.”
Close-up of the Clean Side: evisceration and then bagging. Each of these processes is best kept under a separate tent.
A Few Days Before
Mow and clear the site of natural and manmade debris.
Test your fridge and freezer, if you expect to hold any birds at the farm, and calibrate your thermometer.
Clean and make space in freezer/fridge.
Clean and sanitize coolers you will use to pack the finished, packaged birds.
Sanitizing
Use bleach water to sanitize equipment: one tablespoon to a gallon of water. Use test strips to test the bleach concentrate. Use only straight-up bleach, no additives, no scents. You should not be able to smell bleach.
Clean your vehicle for transport: rinse all visible contamination, scrub if necessary, and sanitize prior to transport.
The Night Before
Take the birds off feed but allow
them access to water. This will help clear their digestive tracts. (See box, page 98.)
Morning Prep
Remove or restrain free-range livestock and pets.
Place wood chips below the kill cone, plucker, and evisceration table. Note: if there is a grade from kill-side to evisceration side, LOTS of chips will be required.
Get birds to the site promptly, without injury, and provide a shaded area for them.
During Slaughter
Assist the crew with bagging, weighing, and labeling the finished birds (see pages 59–60).
Labeling
If you are processing fewer than 20,000 birds a year, your farm sticker should include the USDA Poultry Exemption citation: Exempted page PL.90-492. You can make your own labels on your computer.
Properly pack bagged birds in ice and continue to monitor their temperature.
After Slaughter
Oversee final disposition to consumer, refrigerated holding, or freezer.
Oversee site cleanup and proper composting/disposal of remains.
Monitor holding temperatures of stored chickens per protocol.
The Mobile Poultry Slaughterhouse Page 10
