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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 221MEAT SAFETY ASSURANCE
SUBCHAPTER BMEAT AND POULTRY INSPECTION
RULE §221.12Meat and Poultry Inspection

(a) Introduction. The purpose of this section is to protect the public health by establishing uniform rules to assure that meat and poultry products are clean, wholesome and truthfully labeled.

(b) Definitions. The following words and terms, when used in these sections, shall have the following meanings, unless the context clearly indicates otherwise.

  (1) Act--The Texas Meat and Poultry Inspection Act, Texas Civil Statutes, Article 4476-7.

  (2) Adulterated--A carcass, part of a carcass, or a meat food product where:

    (A) any part of it is the product of an animal that has died in a manner other than by slaughter;

    (B) any part of it consists of a filthy, putrid, or decomposed substance or is for another reason unsound, unhealthy, unwholesome, or otherwise unfit for human food; or

    (C) it contains, because of administration of any substance to a live animal or otherwise, an added poison or harmful substance that makes the carcass, part of the carcass, or meat food unfit for human food.

  (3) Alternate source food animals--Animals slaughtered and processed for food that are amenable to inspection under the Texas Meat and Poultry Inspection Act but are not amenable to inspection under the federal meat and poultry inspection acts.

  (4) Bison--An animal known by the scientific name Bovidae bison bison, commonly known as the North American prairie bison; or an animal known by the scientific name Bovidae bison athabascae, commonly known as the Canadian woods bison.

  (5) Bison meat--The meat or flesh of a bison.

  (6) Buffalo--An animal known by the scientific name Bovidae bubalus bubalus, commonly known as the Asian Indian buffalo, water buffalo, or caraboa; an animal known by the scientific name Bovidae syncerus caffer, commonly known as the African buffalo or the Cape buffalo; an animal known by the scientific name Bovidae anoa depressicornis, commonly known as the Celebes buffalo; or an animal known by the scientific name Bovidae anoa mindorenis, commonly known as the Philippine buffalo or Mindoro buffalo.

  (7) Buffalo meat--The meat or flesh of a buffalo.

  (8) Change in ownership--

    (A) A change in the business organization operating the business which changes the legal entity responsible for operation of the business; or

    (B) any change in control of the business; or

    (C) any change in ownership of the business which requires a reapplication to the Texas Department of Health for a grant of inspection and/or custom exemption to operate.

  (9) Commissioner--Commissioner of Health or his successor. The term secretary when used in 9 CFR, for the purposes of this subchapter, shall mean commissioner.

  (10) Custom operations--The slaughtering of livestock or the processing of an uninspected carcass or parts thereof for the owner of that livestock animal, carcass, or parts, or the selling of livestock to be slaughtered and processed by the purchaser on premises owned or operated by the seller for the exclusive use of the purchaser.

  (11) Custom processor--A person who prepares meat food products from uninspected livestock carcasses or parts thereof for the owner of those carcasses or parts.

  (12) Custom slaughterer--A person who slaughters livestock for the owner of the livestock animal for the exclusive use of the owner of the livestock or sells livestock to be slaughtered by the purchaser on premises owned or operated by the seller, for the exclusive use of the purchaser of the livestock.

  (13) Department--Department of State Health Services.

  (14) Director--Meat Safety Assurance Unit Director or his successor. The term Administrator, when used in 9 CFR, Parts 301-417, for the purpose of this section, shall mean director.

  (15) Exotic animal--A member of a species of game not indigenous to this state, including an axis deer, nilgai antelope, or other cloven hoofed ruminant animal.

  (16) Federal regulations--The regulations adopted by reference by the department in §221.11 of this title (relating to Federal Regulations on Meat and Poultry Inspection).

  (17) Feral swine--Nondomestic descendants of domestic swine that have either escaped or were released and subsequently developed survival skills necessary to thrive in the wild. Some are out-crossed with "Russian boar."

  (18) Game animals--Wild animals that are hunted for food or recreational purposes and for which the hunter must obtain a hunting license from the Texas Parks and Wildlife Department prior to hunting such animals.

  (19) Grant of custom exemption--An authorization from the department to engage in a business of custom slaughtering and/or processing livestock for the owner of the livestock for the owner's personal use.

  (20) Grant of inspection--An authorization from the department to engage in a business subject to inspection under the Act.

  (21) Grant of poultry/rabbit exemption--An authorization from the department for a person to engage in a very low volume business of slaughtering and processing poultry or rabbits of his/her own raising on his/her own property and personally distributing the carcasses and/or parts, to retail consumers, restaurants, or other retail establishments, provided that the following conditions are met:

    (A) the person slaughters less than 10,000 poultry, rabbits, or a combination thereof, in a calendar year;

    (B) the person does not buy and sell other poultry or rabbit products (except live chicks, baby rabbits, and/or breeding stock);

    (C) only sound, healthy poultry or rabbits are slaughtered and all processes and handling are conducted under sanitary standards and procedures resulting in poultry and rabbit products that are not adulterated;

    (D) the product bears the processor's name and address and the statement "Exempted P.L. 90-492"; (unless immediately sold to the household consumer); and

    (E) the poultry is not a ratite.

  (22) Heat-treated--Meat or poultry products that are ready-to-eat or have the appearance of being ready-to-eat because they received heat processing.

  (23) Livestock--Cattle, sheep, swine, goats, horses, mules, other equines, poultry, domestic rabbits, exotic animals, or domesticated game birds.

  (24) Person--Any individual, partnership, association, corporation, or unincorporated business organization.

  (25) Poultry--A live or dead domesticated bird.

  (26) Ratite--Poultry such as ostrich, emus, or rhea.

  (27) Very low volume poultry/rabbit processing establishments--Producers that slaughter less than 10,000 poultry, rabbits, or a combination thereof, of their own raising each year.

(c) Grant of inspection, custom exemption, and/or poultry/rabbit exemption.

  (1) Basic requirements.

    (A) A person shall not engage in a business subject to the Act unless that person has met the standards established by the Act, the federal regulations as adopted by the department, and these sections, and has obtained the appropriate grant of inspection, custom exemption, and/or poultry/rabbit exemption issued by the department.

    (B) A person shall not engage in custom operations unless that person has met the standards established by the Act, the federal regulations, and these sections, and has obtained a grant of custom exemption issued by the department.

    (C) A person shall not engage in exempted poultry or rabbit slaughter and processing operations unless that person has met the standards established by the Act, the federal regulations, and these sections, and has obtained a grant of poultry/rabbit exemption issued by the department.

  (2) Application. To apply for a grant of inspection, custom exemption, and/or poultry/rabbit exemption, a person shall complete department application forms which can be obtained from the Meat Safety Assurance Unit, Department of State Health Services, 1100 West 49th Street, Austin, Texas 78756.

  (3) Duration. The applicant who has complied with the standards in the Act, the federal regulations, and these sections will receive a grant of inspection, custom exemption, and/or poultry/rabbit exemption for an indefinite period subject to the denial, suspension, and revocation provisions in paragraph (6) of this subsection.

  (4) Nontransferability. A grant of inspection, custom exemption, and/or poultry/rabbit exemption is not transferable to another person.

  (5) Change of ownership. Any person operating a business under a grant of inspection, custom exemption, and/or poultry/rabbit exemption from the department shall notify the department of any change in ownership of that business and, in such event, shall relinquish the current grant to the department. The new owner shall make application for a new grant on forms provided by the department. This notification and application shall be made prior to the ownership change.

  (6) Denial, suspension and revocation.

    (A) The department may deny a grant of inspection, custom exemption, and/or poultry/rabbit exemption to any applicant who does not comply with the standards of the Act, the federal regulations, and these sections.

    (B) The department may suspend or revoke a grant of inspection, custom exemption, and/or poultry/rabbit exemption of any person who violates the standards of the Act, the federal regulations, and these sections.

    (C) A person whose grant has been denied, suspended, or revoked is entitled to an opportunity for a formal hearing in accordance with §§1.21 - 1.34 of this title (relating to Formal Hearing Procedures).

(d) Special fees for inspection services.

  (1) Scope and purpose. Fees shall be charged by the department for inspection services provided on a holiday or on an overtime basis, and/or for products which do not require inspection by state or federal law.

  (2) Overtime and holiday rate. The overtime and holiday rate for inspection services provided pursuant to Health and Safety Code, Chapter 433, §433.009, shall be $29.50 per hour, per program employee.

  (3) Rate for inspections not required by state or federal meat and poultry inspection laws. The rate for inspections not required by state or federal meat and poultry inspection laws provided pursuant to Health and Safety Code, Chapter 433, §433.009, shall be $29.50 per hour, per program employee.


Source Note: The provisions of this §221.12 adopted to be effective March 15, 1995, 20 TexReg 1417; amended to be effective December 1, 1995, 20 TexReg 9275; amended to be effective April 17, 1997, 22 TexReg 3421; amended to be effective June 21, 2000, 25 TexReg 5901; amended to be effective March 14, 2002, 27 TexReg 1801; amended to be effective April 24, 2003, 28 TexReg 3336; amended to be effective January 1, 2005, 29 TexReg 11979

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