Can horses be slaughtered in Tennessee to sell horsemeat for people to eat?

Subject

Opinion No. 13-95, Sale of Horsemeat for Human Consumption, November 27, 2013

Plain-English summary

Rep. Gary Odom asked whether Tennessee allows horses to be slaughtered in-state for sale of the horsemeat for human consumption. The AG said no.

Tenn. Code Ann. § 53-7-101 required that "[a]ll horsemeat sold, offered for sale or exposed for sale shall be denatured with at least two percent (2%) charcoal or other similar inert ingredient" and labeled accordingly. Denaturing, under federal regulations and FDA guidance, renders meat unfit for human consumption. The federal definition of "capable of use as human food" specifically excludes meat that is denatured. See 21 U.S.C. § 601(k); 9 C.F.R. § 325.11(d)(1)(iii) (denatured meat is "readily distinguishable from an article of human food"); 9 C.F.R. § 325.13(a)(2) (charcoal is a recognized denaturant).

Because every legal pathway for selling horsemeat from a Tennessee slaughter required denaturing, the meat could not lawfully be sold for people to eat. The Commissioner of Agriculture enforces this. A violation is a Class C misdemeanor under Tenn. Code Ann. § 53-7-103.

The statute is geographically broad: it covers "all" horsemeat slaughtered in Tennessee and offered for sale anywhere. If a horse was slaughtered in Tennessee and the meat shipped out of state for sale to humans without denaturing, the Tennessee crime was still prosecutable in Tennessee under the general extraterritorial-jurisdiction rule of Tenn. Code Ann. § 39-11-103(c) ("[w]hen the commission of an offense commenced within this state is consummated outside of its boundaries, the offender is liable to punishment in this state in the county where the offense was commenced").

Currency note

This opinion was issued in 2013. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Federal funding restrictions on USDA inspection of horse slaughter have come and gone since 2013, and Tennessee's statutes governing food and agriculture have been amended. The federal regulatory layer (21 U.S.C., 9 C.F.R.) is independent of Tennessee law and may have moved. Verify current state and federal rules before relying on this analysis.

Background and statutory framework

Tenn. Code Ann. § 53-7-101. "All horsemeat sold, offered for sale or exposed for sale shall be denatured with at least two percent (2%) charcoal or other similar inert ingredient and shall be in package form, and so labeled as to show that it contains horsemeat that has been denatured with at least two percent (2%) charcoal or other similar inert ingredient."

Federal denaturing concept. Under 21 U.S.C. § 601(k), meat is "capable of use as human food" unless it has been denatured "as required by regulations prescribed by the Secretary to deter its use as human food." FDA guidance describes the purpose of denaturing as preventing salvage or diversion of violative materials into the food supply. 9 C.F.R. § 325.11(d)(1)(iii) requires that the result be readily distinguishable from human food; § 325.13(a)(2) recognizes finely powdered charcoal as an acceptable denaturant.

Penalty. Tenn. Code Ann. § 53-7-103 makes violation a Class C misdemeanor. The Commissioner of Agriculture enforces. Tenn. Code Ann. § 53-7-102.

Extraterritorial reach. Tenn. Code Ann. § 39-11-102(b) brings non-penal-code offenses into the penal code's framework. Tenn. Code Ann. § 39-11-103(c) authorizes Tennessee to prosecute an offense commenced in-state but consummated out-of-state, in the county where the offense was commenced. So a Tennessee slaughter operation that shipped undenatured horsemeat across state lines for human consumption could be charged in Tennessee.

Construction principles. Wilson v. Johnson County, 879 S.W.2d 807, 809 (Tenn. 1994), requires courts to give effect to legislative intent. Freeman v. Marco Transp. Co., 27 S.W.3d 909, 911 (Tenn. 2000), holds that when statutory language is unambiguous, intent comes from the plain text. The AG read "all" as meaning all.

Common questions

What does "denaturing" do to the meat?

Denaturing alters meat's appearance, smell, or taste enough that it cannot be reasonably mistaken for human food, and it is regulatorily classified as not fit for human consumption. Charcoal blackens the meat. The denatured product can be used as pet food, mink feed, fertilizer, or rendered material.

Could a Tennessee slaughterhouse just sell undenatured horsemeat directly to another state?

Under the 2013 reading, no. The statute applied to "all" horsemeat slaughtered in Tennessee, and the extraterritorial-jurisdiction statute let Tennessee prosecute an offense even if the actual sale occurred out of state. The crime was the in-state slaughter for human-consumption sale without denaturing.

Is killing a horse illegal in Tennessee?

The opinion did not address slaughter itself or slaughter for non-food purposes (pet food, rendering). It addressed only the sale of horsemeat for human consumption, which was barred by the denaturing requirement.

What was the penalty?

A Class C misdemeanor under Tenn. Code Ann. § 53-7-103. At the time, a Class C misdemeanor carried up to 30 days in jail and a fine up to $50, applied per offense.

Citations

Tenn. Code Ann. §§ 53-7-101, 53-7-102, 53-7-103, 39-11-102, 39-11-103, 39-11-103(c). 21 U.S.C. § 601(k); 9 C.F.R. §§ 325.11(d)(1)(iii), 325.13(a)(2). Tenn. Comp. R. & Regs. 0080-05-04-.01. Cases: Wilson v. Johnson County, 879 S.W.2d 807 (Tenn. 1994); Freeman v. Marco Transp. Co., 27 S.W.3d 909 (Tenn. 2000).

Source

• Landing page: https://www.tn.gov/attorneygeneral/opinions.html
• Original PDF: https://www.tn.gov/content/dam/tn/attorneygeneral/documents/ops/2013/op13-095.pdf

Original opinion text

November 27, 2013

Opinion No. 13-95

Sale of Horsemeat for Human Consumption

QUESTION

May horses be slaughtered in Tennessee for the purpose of selling the horsemeat for human consumption, regardless of where the actual sale occurs?

OPINION

No. The sale of horsemeat slaughtered in the state for human consumption is expressly prohibited by Tenn. Code Ann. §§ 53-7-101 to -103, regardless of where the actual sale may occur.

ANALYSIS

The sale or offering for sale of horsemeat is expressly regulated by Tenn. Code Ann. §§ 53-7-101 to -103. Specifically, Tenn. Code Ann. § 53-7-101 provides:

All horsemeat sold, offered for sale or exposed for sale shall be denatured with at least two percent (2%) charcoal or other similar inert ingredient and shall be in package form, and so labeled as to show that it contains horsemeat that has been denatured with at least two percent (2%) charcoal or other similar inert ingredient.

The "denaturing" of food referenced in this statute renders the horsemeat unfit for human consumption. See 21 U.S.C. § 601(k). See also Tenn. Comp. R. & Regs. 0080-05-04-.01 (requiring that eggs found unfit for human food "shall be denatured or destroyed at hatchery"). A meat product is "capable of use as human food' unless it is denatured or otherwise identified as required by regulations prescribed by the Secretary to deter its use as human food, or it is naturally inedible by humans." 21 U.S.C. § 601(k) (emphasis added). The United States Food and Drug Administration states "the basic purpose of denaturing is to prevent salvage or diversion of violative materials for human consumption." The denaturing process leaves the meat "readily distinguishable from an article of human food." 9 C.F.R. § 325.11(d)(1)(iii). Using "finely powdered charcoal" is a recognized and acceptable way to denature meat products. 9 C.F.R. § 325.13(a)(2).

The Tennessee Commissioner of Agriculture has authority to enforce the provisions of Tenn. Code Ann. § 53-7-101. Tenn. Code Ann. § 53-7-102. Any "person, firm, or corporation" violating Tenn. Code Ann. § 53-7-101 commits a Class C misdemeanor. Tenn. Code Ann. § 53-7-103.

In construing statutes, courts must "ascertain and give effect to the legislative intent without unduly restricting or expanding a statute's coverage beyond its intended scope." Wilson v. Johnson County, 879 S.W.2d 807, 809 (Tenn. 1994). When the statute is unambiguous, legislative intent is determined from the plain and ordinary meaning of the language used in the statute. Freeman v. Marco Transp. Co., 27 S.W.3d 909, 911 (Tenn. 2000).

Under the plain language of the statute, horsemeat "sold, offered for sale or exposed to sale" must be denatured and is thereby rendered unfit for human consumption. Tenn. Code Ann. § 53-7-101. The statute requires that charcoal or "other similar inert ingredient" be used to denature the meat. Id. Requiring that horsemeat be denatured can have no other effect than to ensure horsemeat "sold, offered for sale or exposed for sale" is unfit for human consumption. The statute also requires that the denatured horsemeat be packaged and labeled to show that it contains denatured horsemeat. Id. This is a further prophylactic measure to ensure the meat is clearly recognizable as unfit for human consumption.

The statute makes no distinction between horsemeat sold within Tennessee or outside its borders. Rather, the statute states that "all" horsemeat "sold, offered for sale or exposed for sale" must be denatured. Tenn. Code Ann. § 53-7-101. This means that any and all horsemeat slaughtered in Tennessee that will be "sold, offered for sale, or exposed to sale" in any location must be denatured so that humans will not consume it. Id. This interpretation is supported by the fact that failure to denature horsemeat is classified as a misdemeanor crime, subject to the provisions of Tennessee's penal code. Tenn. Code Ann. § 53-7-103; Tenn. Code Ann. §§ 39-11-102 to -103. The statute permits punishment for an offense commenced within Tennessee yet consummated outside of Tennessee. Tenn. Code Ann. § 39-11-103(c). Thus, if a horse is slaughtered within Tennessee and its meat is not denatured and sold outside of Tennessee, the crime is still punishable in Tennessee "in the county where the offense was commenced." Tenn. Code Ann. § 39-11-103(c).

Therefore the clear intent of the General Assembly, as expressed through the plain meaning of Tenn. Code Ann. § 53-7-101 to -103, expressly prohibits the sale of horsemeat slaughtered in the state for human consumption, regardless of whether the sale takes place in Tennessee.

Classifying the crime as a misdemeanor invokes Tennessee's territorial jurisdiction under Tenn. Code Ann. §§ 39-11-102 to -103. Section 39-11-102(b) applies the purpose and reach of Tennessee's penal code to "offenses defined by other laws." This provision brings the misdemeanor crime defined by Section 53-7-103, itself outside of the penal code, within the scope of the penal code and Tennessee's territorial jurisdiction. Section 39-11-103(c) states: "When the commission of an offense commenced within this state is consummated outside of its boundaries, the offender is liable to punishment in this state in the county where the offense was commenced." Tenn. Code Ann. § 39-11-103(c).

ROBERT E. COOPER, JR.
Attorney General and Reporter

WILLIAM E. YOUNG
Solicitor General

DEREK C. JUMPER
Assistant Attorney General

Requested by:

The Honorable Gary Odom
State Representative
18A Legislative Plaza
Nashville, TN 37243