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Guide

USDA-Inspected vs. Custom-Exempt vs. State-Inspected: Can You Sell Your Beef in Texas?

Three kinds of plants can process your beef in Texas. Only two of them let you sell a single steak. This is the difference, in plain English.

By Parker County Beef ProcessingUpdated September 5, 20267 min readAll guides →

If you plan to eat every pound of your beef yourself, any of the three inspection tiers will do. If there is any chance you will sell some of it, to a neighbor, at a market, to a restaurant, or under your own brand, the tier your processor runs under decides whether that is legal. Custom-exempt beef cannot be sold. State-inspected beef can be sold in Texas. USDA-inspected beef can be sold anywhere.

The three tiers

Every plant that harvests cattle for someone else operates under one of three arrangements. The names are regulatory, but what they mean for you is simple.

Who can eat it, where it can go
Custom-exemptState-inspected (Texas)USDA federal
Inspector present at harvestNo. Facility is reviewed periodicallyYes, a Texas DSHS inspectorYes, a USDA FSIS inspector
Who may eat the beefThe animal's owner(s), their household, non-paying guests, household employeesAnyoneAnyone
Can it be sold by the cutNever. Every package is stamped NOT FOR SALEYes, inside Texas onlyYes, in any state, and exportable
Mark on the packageNOT FOR SALETexas mark of inspection with the plant numberUSDA mark of inspection with the establishment number
Typical operatorSmall local locker, deer processorRegional custom plantParker County Beef Processing, larger packers

Custom-exempt rules are federal (9 CFR 303.1) and adopted by Texas. State inspection in Texas is run by the Department of State Health Services Meat Safety Assurance Section.

Custom-exempt: fine for your freezer, illegal to sell

A custom-exempt plant does not have an inspector on the floor during harvest. Instead it is licensed and reviewed periodically, and in return it may only process animals for the animal’s owner. Every package that leaves the plant is marked NOT FOR SALE, and the law limits who may eat it to the owner, the owner’s household, non-paying guests, and household employees.

That is not a technicality that goes unenforced. Selling custom-exempt beef is selling uninspected meat, which is a state and federal violation. A farmers-market manager who knows the rules will ask to see the mark of inspection on your packages, and NOT FOR SALE ends the conversation.

Many good North Texas lockers are custom-exempt. If you are only feeding your own family, there is nothing wrong with using one. The problem shows up later, when a friend offers to buy a few packages of ground beef and you realize you cannot legally say yes.

The live-animal share workaround

Because the rule is about ownership, producers using custom-exempt plants sell the live animal in shares before harvest. If four families each buy a quarter, all four are listed as owners at drop-off and each pays the processor for their share. It works, with three catches. Every buyer must be identified before harvest, so you cannot sell leftover quarters later. None of the buyers can resell a package. And you cannot build a brand on it, because there is no product to put a label on, only shares of a live cow.

State-inspected: legal to sell, but only in Texas

A plant operating under a Texas grant of inspection has a state inspector present at harvest, and beef from it may be sold to the public by the cut. The limit is geography. State-inspected product is for intrastate commerce, meaning it stays inside Texas. Some states have joined a federal program that lets their state-inspected plants ship across state lines. Texas is not one of them, so a state mark in Texas means Texas customers only.

For a rancher selling at a Weatherford or Fort Worth market, that limit rarely matters. It starts to matter the day someone in Oklahoma or Louisiana wants to order a box, or a distributor asks about your product.

USDA-inspected: legal to sell anywhere

A federally inspected plant has a USDA Food Safety and Inspection Service inspector present for every harvest and oversight of the processing floor. Beef that passes carries the USDA mark of inspection with the plant’s establishment number. That mark is what a grocery buyer, a restaurant, an online customer in another state, or a customs agent looks for. There is no geographic ceiling on where you can sell.

It also unlocks the things that turn one steer into a business: a private label with your ranch name on it, GS1 barcodes so a store can scan your product, portion-cut steaks for a restaurant account, and case-ready boxes for wholesale.

How to tell which kind of plant you are talking to

  1. Ask directly:“Are you custom-exempt, state-inspected, or USDA-inspected?” A legitimate plant answers in one word.
  2. Look at a package.NOT FOR SALE means custom-exempt. A round mark with “Texas” means state. A round mark with “USDA” and an EST number means federal.
  3. Ask if an inspector is there on harvest day. Under state or federal inspection the answer is always yes.

Which one should you use?

  • Feeding your own family, never selling a package: any tier. Choose on price, cut quality, and schedule.
  • Selling halves and quarters to people you know: custom-exempt works if you sell the live animal in shares before harvest and everyone is listed. State or federal inspection is simpler, because you can sell beef instead of cow shares and keep selling after harvest.
  • Farmers markets, restaurants, your own brand, or any customer outside Texas: USDA. There is no other path.

One more consideration: inspection tier does not change how well the beef is cut. A careful custom-exempt butcher will out-cut a careless federal plant. Judge the work on the work. Judge the tier on what you want to do with the beef.

What this looks like at our plant

You bring the animal. We harvest under USDA inspection, age the beef for 14 days, and cut to your cut sheet. Every package carries the federal mark. If you plan to sell, tell us at scheduling and we will talk through labeling, barcodes, and portioning before harvest day so the beef comes out ready for the shelf. Call (817) 404-7405.

Sources

Questions

Common questions

Can I sell beef that was processed at a custom-exempt plant?
No. Custom-exempt beef is stamped NOT FOR SALE and may only be used by the animal's owner, the owner's household, non-paying guests, and household employees. That is federal law, and Texas follows it.
I need to find a USDA-inspected processor to process my cattle. Is that what you are?
Yes. Parker County Beef Processing operates under full USDA federal inspection, with an inspector present for harvest. Beef processed here carries the USDA mark of inspection and can be sold by the cut anywhere in the United States.
What is the difference between state-inspected and USDA-inspected in Texas?
Both allow sale to the public. A Texas state-inspected plant, running under a grant of inspection from the Texas Department of State Health Services, can sell within Texas only. A federally inspected plant can sell across state lines and export. Texas does not participate in the federal Cooperative Interstate Shipment program, so state-inspected Texas beef stays in Texas.
Can I sell shares of a live animal and use a custom-exempt processor?
That is the common workaround: you sell quarters or halves of the live animal before harvest, each buyer is listed as an owner, and each takes their own NOT FOR SALE beef home. It is legal, but every buyer has to be identified before the animal is harvested, none of them can resell a single package, and you cannot sell any leftover cuts. Under USDA inspection none of that applies.
What companies can custom process my cattle for retail distribution?
Only plants operating under USDA federal inspection or, for in-state sales, a Texas grant of inspection. A custom-exempt locker cannot, no matter how good the work is. We process for retail distribution under federal inspection, including private labels and GS1 barcodes.
Do I need anything else to sell my beef at a farmers market in Texas?
The beef itself must come from an inspected plant and be labeled correctly, which we handle. Selling it usually also requires a food establishment permit from your local health department and proper cold storage at the market. Rules vary by county, so check with the health authority where the market sits.

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