LEFTOVERS FOR LIVESTOCK

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NEW JERSEY New Jersey allows the feeding of animal-derived and vegetable waste to swine provided that it has been properly heat-treated and fed by a licensed facility. There are separate heat-treatment requirements for garbage and dairy byproducts. Garbage that goes directly from rendering plants for processing need not be heat-treated before being fed to swine. Individuals may feed household garbage to their own swine without heat-treating it and without a permit. Animals covered Definition of “garbage” Prohibitions Licensure 4 N.J. Stat. Ann. §§ 2:2-4.11, 4:4-22–23, 4:5-106.1–.14 (2015) Farm animals; exception for swine Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of foods including animal carcasses or parts thereof; but the term “garbage” shall not apply to waste materials from slaughterhouses which go directly to rendering plants for processing. § 4:5-106.1 (2015). No feeding untreated garbage to swine or unpasteurized dairy products to farm animals. Exception for individuals feeding household garbage to swine. §§ 4:5-106.1, .4; 4:4-22 (2015). No individual or facility may operate a garbage-feeding hog farm without first obtaining an annual license. An individual who feeds household garbage to swine raised for the individual’s own use need not obtain a license. §§ 4:5-106.4, 4:5-106.7 (2015). The department of agriculture licenses garbage-feeding hog farms and enforces the garbage-feeding rule. § 4:5-106.3 (2015). The department will inspect the premises of each licensee as often as it deems necessary and at least once per year. § 4:5-106.11 (2015). Enforcement An authorized representative of the department may examine records pertaining to garbage-feeding operations. Copies of such records shall be submitted to the department upon request. § 4:5-106.12 (2015). The department may refuse to issue or restore, or to revoke or suspend the license of an individual or facility that violates the garbage-feeding rule. § 4:5-106.13 (2015). Any individual or facility that violates the garbage-feeding rule will be fined up to $100 for the first penalty and $200 for each subsequent penalty. § 4:5-106.14 (2015). Any individual or facility that violates the pasteurization rule will be fined up to $50 for the first offense and up to $100 for each subsequent offense. § 4:4-23 (2015). Treatment requirements Garbage must be heated either on the premises of the garbage-feeding hog farm where such garbage will be fed or at a location approved by the department of agriculture. The garbage must be heated to a temperature high enough and for long enough to kill disease organisms. § 4:5-106.1 (2015). Garbage must be heat-treated within 48 of receipt of the garbage and fed to swine within 72 hours of cooking. § 2:2-4.11 (2015). Dairy byproducts must be pasteurized by heating them to 145 degrees Fahrenheit and held at that temperature for at least 30 minutes, or heated to 185 degrees without holding. By byproducts from cheese factories or creameries that pasteurize milk or cream prior to manufacturer need not be re-heated. § 4:4-22 (2015). Relevant state regulatory body New Jersey Department of Agriculture (§ 4:5-106.3 (2015)), http://www.nj.gov/agriculture/. 39| Leftovers for Livestock: A Legal Guide for Using Excess Food as Animal Feed August 2016
NEW MEXICO New Mexico allows the feeding of animal-derived waste to swine provided that it has been properly heat-treated and fed by a licensed facility. All other waste may be fed to swine without heat-treatment. Individuals may feed household garbage to their own swine without heat-treating it and without a permit. N.M. Stat. Ann. § 77-7-16–18 (2015) Animals covered Definition of “garbage” Prohibitions Licensure Enforcement Treatment requirements Relevant state regulatory body Swine Waste consisting in whole or in part of animal waste resulting from handling, preparing, cooking and consuming of food, including the offal from animal carcasses or parts thereof, but excluding such waste obtained by an individual from his own household operations and fed to his own swine on the same premises. § 77-7-16 (2015). No feeding untreated garbage to swine. Exception for individuals feeding household garbage. § 77-7-16, 18 (2015). Individuals and facilities must obtain a certificate of registration or a permit for special processing in order to feed garbage to swine. § 77-7-18 (2015). Any individual or facility in violation of the garbage-feeding rule is guilty of a petty misdemeanor. Each day of violation counts as a separate offense. § 77-7-17 (2015). The state can make periodic inspections of cooking facilities and premises. § 77-7-18 (2015). All garbage fed to swine must be brought to the boiling point or equivalent temperature for a period of not less than 30 minutes. § 77-7-18 (2015). New Mexico Livestock Board (§ 77-7-18 (2015)), https://www.nmlbonline.com/. August 2016 Leftovers for Livestock: A Legal Guide for Using Excess Food as Animal Feed |40
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Page 16 and 17: IV. Appendix A ALABAMA Alabama proh
Page 18 and 19: ARKANSAS Arkansas allows the feedin
Page 20 and 21: COLORADO Colorado allows the feedin
Page 22 and 23: DELAWARE Delaware prohibits the fee
Page 24 and 25: GEORGIA Georgia allows the feeding
Page 26 and 27: IDAHO Idaho prohibits the feeding o
Page 28 and 29: INDIANA Indiana allows the feeding
Page 30 and 31: KANSAS Kansas prohibits the feeding
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Page 34 and 35: MICHIGAN Michigan allows the feedin
Page 36 and 37: MISSISSIPPI Mississippi prohibits t
Page 38 and 39: MONTANA Montana allows the feeding
Page 40 and 41: NEVADA Nevada allows the feeding of
Page 44 and 45: NEW YORK New York allows the feedin
Page 46 and 47: NORTH DAKOTA North Dakota prohibits
Page 48 and 49: OKLAHOMA Oklahoma allows the feedin
Page 50 and 51: PENNSYLVANIA Pennsylvania allows th
Page 52 and 53: RHODE ISLAND Rhode Island allows th
Page 54 and 55: SOUTH DAKOTA South Dakota prohibits
Page 56 and 57: TEXAS Texas prohibits the feeding o
Page 58 and 59: VIRGINIA Virginia allows the feedin
Page 60 and 61: WEST VIRGINIA West Virginia allows
Page 62 and 63: WYOMING Wyoming allows the feeding
Page 64 and 65: handle untreated garbage on the pre
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