How to draft an on-farm meat sales bill
Introduction
The ability to buy meat directly from a local farmer, without federal or state intervention, ended in 1967 with passage of the Wholesome Meat Act.
It is illegal under the 1967 amendment (the Wholesome Meat Act) to the 1907 Federal Meat Inspection Act (FMIA) for any meat from cattle, sheep, goats or pigs to be sold in the US unless it has been slaughtered in a USDA-inspected facility, or a state-inspected facility with inspections at least as rigorous as that of the USDA. Owners of livestock can butcher an animal and process it without inspection, for their own use and that of their employees or guests, but they cannot legally sell the uninspected meat or meat products to anyone.
However, most government inspections are cursory, taking only a few seconds. They do not necessarily guarantee safety. The requirement to bring animals, sometimes hundreds of miles, to a USDA-inspected slaughterhouse adds several dollars per pound to the retail cost of their meat. Meat processing facilities have been shutting down and there is currently a shortage of them. Farmers must pay to reserve space for butchering their animals up to 2 years in advance — sometimes before the cow has even been born!
This has led to massive consolidation in the slaughterhouse-meat processing industry. Today, four companies control 85% of the beef sold in the US, and 70% of the pork. Now that near-monopolies control the meat industry, both local farmers and consumers of meat are getting slaughtered.
Large meatpackers realized it was cheaper to import meat than to pay ranchers for livestock raised in the US. Their actions created slaughterhouse bottlenecks, limited access to meat processing, drove down herd numbers and drove up meat prices. Over time, farmers received less and less of the retail price for the animals they raised.
According to the USDA, the US lost 142,000 farms between 2017 and 2022. Today the US cattle herd is at its lowest level since 1951, even though the US population has more than doubled since then. Brazil has surpassed the US as the world’s largest producer of beef, and two of the top four US beef processors are Brazilian companies. The US has become a net beef importer.
This is a serious food security concern.
While 17% of our beef is imported, it is not labeled as to country of origin, due to World Trade Organization rules. US customers do not know where their meat comes from.
While federal and state inspections were intended to guarantee meat quality, the result of the 1967 Wholesome Meat Act is more expensive meat and the loss of over 60% of America’s small farmers, ranchers and slaughterhouses. Despite inspections, reports of food-borne illnesses due to inspected meat have been rising. Yet during a recent 12-year period, there was not a single report to USDA of illness due to meat slaughtered without inspection on the farm, or butchered in a “custom,” uninspected slaughterhouse.
New Hampshire, which does not have sufficient USDA-inspected slaughterhouses to process the livestock raised in the state, decided to challenge the federal prohibition on direct-to-consumer (DTC) sales by small farmers, and passed a bill that would allow a limited amount of such sales in 2026. However, the Governor vetoed the bill.
Save Our Food and Farms is working with a group of partners to overturn that. Our plan is to bring it back in 2027 with a two-thirds majority in each house, which would overcome a governor’s veto, and attach it to a “must pass” bill that is veto-proof.
Another way of getting around the federal prohibition on direct-to consumer meat sales would be for Congress to amend the Federal Meat Inspection Act. Rep. Thomas Massie introduced a bill on October 5, 2026 that would do just that:
You can read that bill here: https://massie.house.gov/uploadedfiles/red_meat_inspection_exemption_act_10.5.26.pdf
This bipartisan bill is co-sponsored by Rep. Chellie Pingree (D-ME) and Rep. Eric Burlison (R-MO). If we are able to gather many more bill sponsors, it might pass in the next session. But what is more promising is our new, state-by-state effort to regain the right to buy local meat directly from farmers, without government inspections or the need for middlemen.
We propose filing bills in each state that would allow small farmers to slaughter and sell meat from a limited number of livestock directly to local consumers within the state. The farmer’s reputation will stand as the assurance of quality. This approach supports farmers, reduces stress on livestock and gives Americans access to high-quality, local meat at more reasonable prices.
We believe a successful multi-state campaign will compel the USDA to provide a needed small farmer exemption from the Federal Meat Inspection Act, or alternatively, Congress could amend the Federal Meat Inspection Act to again allow in-state sales of local meat by small farmers.
Reaching for a solution: creating a new bill or amending an existing bill
It is often easier to amend a bill than to pass a new bill. Most states, like New Hampshire, have an existing bill that deals with meat processing. There are probably existing laws in most states that could be amended to allow limited direct-to-consumer farm sales.
New Hampshire amended an existing bill that would apply only to New Hampshire.
If passed, the amendment introduced Reps. Massie, Pingree and Burlison would allow farmers to slaughter and process up to 25 cows, 60 hogs, and 250 goats or sheep per year, without inspection.
Both the federal bill and the New Hampshire bill were written as amendments to existing laws that provide exemptions from some provisions of the Federal Meat Inspection Act for small producers.
- State laws apply only to intrastate sales.
- The Massie bill, if adopted, would apply to the entire nation.
What are the issues that must be considered in a bill or an amendment?
1. How many animals and what types will be allowed? Monthly or yearly?
2. Is this an exemption to an existing bill? If so, the bill must be identified and the specific exemption delineated.
3. Uninspected meat must be labeled. We suggest making the label as explicit as possible, including the name, address, phone number of the farm where the product originated, the date of slaughter, a description of the meat product and a statement like, “This meat was slaughtered on the farm and is exempt from state inspection according to bill ___”. This provides transparency and permits traceability if there are any problems, something that is impossible for grocery meat.
4. Who can purchase the meat? Can licensed restaurants, retailers, nursing homes, schools, etc., or only individual customers purchase the meat? If restaurants or institutions can purchase the meat, what labeling should be included on menus?
5. Where can the meat be sold? Can it only be sold on the farm, or can it be sold in stores, at farmer’s markets, at farm stands? Can it be resold with the original labeling?
6. Under what sanitary conditions must the meat be prepared? How must the meat be stored after butchering? In New Hampshire, the meat must be stored at a temperature of 41 degrees Fahrenheit or less starting within 12 hours of slaughter.
7. Can the meat be butchered only by the farmer, or also by the farmer’s agent? Can the livestock be slaughtered and/or further processed by a mobile processing facility or in a “custom” slaughterhouse? How will these processors be monitored, which are regulated by their county or state and not by the USDA?
8. Is any formal inspection required, for example, a yearly herd inspection by a veterinarian? What records should be kept of this inspection, if required, and for how long?
9. Is any training required of farmers who avail themselves of this bill or exemption? Consider requiring farmers to take an online course in sanitary butchering and meat preparation and passing a quiz on it biannually. Will the Agriculture Department of the state or the Cooperative Extension Services provide this training? Must a small amount of funds be allotted for this purpose?
10. Will only meat be exempted, or will the exemption include other meat products, including tallow, bones and items like sausage or meat pies?
11. Recordkeeping: both the farmer, his agent if any, and institutional purchasers and restaurants should retain records of purchases and uses of uninspected meat for at least 3 months, including the date of purchase, date of use, and contact information for the farm.
12. Will you specify all these details in your bill, or will you assign the Secretary of Agriculture in your state to specify the details, as is the case with the Massie-Pingree bill?
Here is a model bill, based on the New Hampshire bill that passed the legislature but was vetoed by the Governor:
1 Exemption of Small Livestock Producers From Federal Inspection:
Livestock producers who meet the qualifications identified below are exempt from state inspection requirements for meat or meat food products intended for direct distribution by the producer or an agent designated by the producer to the consumer, including, but not limited to, distribution on the farm, at farm stands, at farmers’ markets, and at any other venue where direct producer-to-consumer transactions are conducted, if:
- The product is clearly labeled to include a description of the product, the name, address, and telephone number of the farm where the product originates, the date of slaughter, and the following sentence: “This product was processed at the farm and is exempt from state inspection. This product has not been inspected by the United States Department of Agriculture.”
- The slaughter and processing were conducted as follows:
(a) The owner of the cattle, swine, sheep, or goats designates a slaughter area on the farm premises which is maintained in sanitary condition.
(b) The cattle, swine, sheep, or goats are slaughtered in a humane method, as defined by federal statute, by the owner, the owner’s employee, or the owner’s agent.
(c) No more than 12 hours passes from the time of slaughter to the storage of the carcass at or below 41 degrees Fahrenheit.
- During the calendar year for which such exemption is sought, no more than the following number of animals shall be processed under this paragraph:
(a) 36 cattle,
(b) 60 swine,
(c) 120 sheep or goats, or a combination thereof.
2. (A) A licensed restaurant, as defined in [state statute], may purchase meat or meat food products from cattle, swine, sheep or goat producers of uninspected cattle, swine, sheep, or goat that are labeled in accordance herewith.
(B) For at least 90 days from the date of each purchase, the licensed restaurant shall keep on file the receipt of purchase to include the product purchased, the date of purchase, the name of the producer, the name and address of the farm, and phone number.
(C) The licensed restaurant shall clearly label any menu item containing uninspected cattle, swine, sheep, or goat with the following sentence: “This product was processed at the farm and is exempt from state inspection. This product has not been inspected by the United States Department of Agriculture.”
3. (A) The state Department of Agriculture in conjunction with the state Cooperative Extension Services will provide an online, biannual training in acceptable livestock processing methods to be taken by all farmers who use this exemption.
