(a) Introduction. The purpose of this subchapter 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 this subchapter, shall have the following meanings, unless
the context clearly indicates otherwise.
(1) Act--The Texas Meat and Poultry Inspection Act,
Texas Health and Safety Code, Chapter 433.
(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 Act
but are not amenable to inspection under the Federal Meat Inspection
Act (21 U.S.C. §601 et seq.) or Federal Poultry Products Inspection
Act (21 U.S.C. §451 et seq.).
(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 wood 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 carcass, part of the carcass,
or meat food product made in whole or part 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.
(9) Commissioner--Commissioner of the Department of
State Health Services. For the purposes of this subchapter, the term
Secretary, when used in 9 CFR, shall mean commissioner.
(10) Custom exempt operation--The slaughtering of livestock
or the processing of an uninspected carcass or parts thereof for the
owner of that livestock animal, carcass, or parts, a member of the
owner's household, or a nonpaying guest of the owner in accordance
with Texas Health and Safety Code, §433.006; 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,
a member of the owner's household, or a nonpaying guest of the owner
in accordance with Texas Health and Safety Code, §433.006.
(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 for the exclusive use of the
owner, a member of the owner's household, or a nonpaying guest of
the owner in accordance with Texas Health and Safety Code, §433.006.
(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, a member of the purchaser's
(owner's) household, or a nonpaying guest of the purchaser (owner)
in accordance with Texas Health and Safety Code, §433.006. Custom
slaughter includes all activities related to slaughter, including
restraining of livestock, cleaning or preparing any equipment used
for slaughter such as tools and knives, and cleaning and preparing
the slaughter facility.
(13) Department--The Department of State Health Services.
For the purposes of this subchapter, the term United States Department
of Agriculture, when used in federal regulations adopted by reference
by the department in §221.11 of this title (relating to Federal
Regulations on Meat and Poultry Inspection), shall mean the department.
(14) Exotic animal-- A member of a species of game
not indigenous to this state, including axis deer, nilgai antelope,
or other cloven hoofed ruminant animal.
(15) Federal regulations--The regulations adopted by
reference by the department in §221.11 of this title.
(16) 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 feral swine
are outcrossed with "Russian boar." Feral swine are subject to the
same regulations as domestic swine.
(17) Game animals--Wild animals that are indigenous
to this state, not amenable to the Act, for which the hunter must
obtain a hunting license from the Texas Parks and Wildlife Department
before hunting animals, such as white-tailed deer, mule deer, pronghorn
antelope, and big horn sheep.
(18) Grant of Custom Exemption--An authorization from
the department to engage in a business of custom slaughtering or processing
livestock for the owner of the livestock. This exemption includes
the exclusive use of the owner, a member of the owner's household,
or a nonpaying guest of the owner, in accordance with Texas Health
and Safety Code, §433.006, provided that the following conditions
are met:
(A) the establishment slaughters only sound, healthy
livestock and conducts all processing and handling under sanitary
standards and procedures resulting in meat products that are not adulterated;
(B) the product meets the marking and labeling requirements
as specified in §221.14 of this title (relating to Custom Exempt
Slaughter and Processing; Low-Volume Poultry or Rabbit Slaughter Operations);
and
(C) the establishment maintains records as specified
in §221.14 of this title.
(19) Grant of Inspection--An authorization issued by
the department to engage in a business subject to inspection under
the Act.
(20) Grant of Voluntary Inspection--An authorization
from the department to engage in a business subject to inspection
of alternate source food animals under the Act.
(21) Granted establishment--Any establishment with
a Grant of Inspection, Grant of Voluntary Inspection, or Grant of
Custom Exemption.
(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) Low-volume livestock operation--For purposes of
this subchapter, a low-volume livestock operation includes an establishment
that processes fewer than 10,000 domestic rabbits or more than 1,000
but fewer than 10,000 poultry in a calendar year, but does not include
an establishment that processes 1,000 or fewer poultry raised by the
operator of the establishment in a calendar year, or processes fewer
than 500 domestic rabbits in a calendar year.
(25) Meat Safety Assurance Section--The organization
overseen by the state director, within the Department of State Health
Services, responsible for meat safety in granted establishments in
Texas. For the purposes of this subchapter, the term Food Safety and
Inspection Service (FSIS), when used in federal regulations adopted
by reference by the department in §221.11 of this title, shall
mean Meat Safety Assurance Section.
(26) Person--Any individual, partnership, association,
corporation, or unincorporated business organization.
(27) Poultry--A live or dead domesticated bird.
(28) Poultry or Rabbit Exemption--Registration with
the department for a person to engage in a low-volume livestock operation
of slaughtering and processing poultry, rabbits, or both of their
own raising on their own property and personally distributing the
carcasses and parts to retail consumers, restaurants, or other retail
establishments, provided that the following conditions are met:
(A) the person slaughters more than 500 but fewer than
10,000 domestic rabbits and/or more than 1,000 but fewer than 10,000
poultry in a calendar year, January 1 through December 31 inclusive;
(B) the person does not buy or sell other poultry or
rabbit products (except live chicks, baby rabbits, and/or breeding
stock);
Cont'd... |