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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 221MEAT SAFETY ASSURANCE
SUBCHAPTER BMEAT AND POULTRY INSPECTION
RULE §221.14Custom Slaughter and Processing; Very Low Volume Poultry/Rabbit Slaughter Operations

(a) Custom slaughter requirements. The requirements of this section shall apply to the custom slaughter by any person of livestock, as defined in §221.12(b) of this title (relating to Meat and Poultry Inspection), delivered by or for the owner thereof for such slaughter, not for sale to the public and exclusively for use, in the household of such owner, by him and members of his household and nonpaying guests. The requirements of this section do not apply to hunter killed game animals, as defined in §221.12(b) of this title. The requirements of this section do not apply to processing of hunter killed exotic animals, or hunter killed feral swine, as defined in §221.12(b) of this title, provided persons engaged in such processing do not utilize the same facilities to engage in the receipt, storage, processing, or distribution of other meat and/or poultry food products.

  (1) Animals for slaughter. No adulterated animals as defined in §221.12(b)(2) of this title shall be accepted for custom slaughter. Only healthy animals, exhibiting no abnormalities, may be accepted for custom slaughter at custom slaughter establishments. Unhealthy or unsound animals are those that exhibit any condition that is not normally expected to be exhibited in a healthy and sound member of that species.

    (A) Examples of abnormal or unsound animals include, but are not limited to, animals that are not able to get up, or animals that have a missing or abnormal eye, swellings, rectal or vaginal prolapse, ocular or nasal discharge, a cough, or a limp.

    (B) Animals that have an obviously recent break of the lower leg (below the stifle or elbow) and are able to walk and stand are not considered to be unsound or unhealthy if no other abnormal conditions are noted.

  (2) Record keeping.

    (A) Operators of facilities conducting custom slaughter shall keep records for a period of two years, beginning on January 1 of the previous year plus the current year to date.

    (B) The records shall be available to department representatives on request.

    (C) Custom slaughter records shall contain the name, address, and telephone number of the owner of each animal presented, the date the animal was slaughtered, the species and brief description of the livestock.

    (D) Additional records that must be kept include records such as bills of sale, invoices, bills of lading, and receiving and shipping papers for transactions in which any livestock or carcass, meat or meat food product is purchased, sold, shipped, received, transported or otherwise handled by the custom slaughterer.

    (E) If the custom slaughter establishment also maintains a retail meat outlet, separate records as listed in subparagraph (D) of this paragraph, shall be maintained for each type of business conducted at the establishment.

  (3) Sanitary methods. Custom slaughter establishments shall be maintained in sanitary condition. Each custom slaughter establishment shall comply with all of the requirements of 9 CFR, Part 416, adopted under §221.11 of this title (relating to Federal Regulations on Meat and Poultry Inspection).

  (4) Humane treatment of animals.

    (A) Livestock pens, driveways, and ramps shall be maintained in good repair and free from sharp or protruding objects which may cause injury or pain to the animals. Floors of livestock pens, ramps, and driveways shall be constructed and maintained so as to provide good footing for livestock.

    (B) A pen sufficient to protect livestock from the adverse climatic conditions of the locale shall be required at those establishments that hold animals overnight or through the day.

    (C) Animals shall have access to water in all holding pens and, if held longer than 24 hours, access to feed. There shall be sufficient room in the holding pen for animals held overnight to lie down.

    (D) Livestock is to be humanely slaughtered. The slaughtering of livestock by using captive bolt stunners, electrical stunners, and shooting with firearms, are designated as humane methods of slaughtering.

      (i) The captive bolt stunners, electrical stunners, or deliver of a bullet or projectile shall be applied to the livestock in a manner so as to produce immediate unconsciousness in the animals before they are shackled, hoisted, thrown, cast, or cut. The animals shall be stunned in such a manner that they will be rendered unconscious with a minimum of excitement and discomfort.

      (ii) The driving of animals to the stunning area shall be done with a minimum of excitement and discomfort to the animals. Delivery of calm animals to the stunning area is essential since accurate placement of stunning equipment is difficult on nervous or injured animals. Electrical equipment shall be minimally used with the lowest effective voltage to drive animal to the stunning area. Pipes, sharp or pointed objects, and other items which would cause injury or unnecessary pain to the animal shall be used to drive livestock.

      (iii) Immediately after the stunning blow is delivered, the animals shall be in a state of complete unconsciousness and remain in this condition throughout shackling, sticking, and bleeding.

      (iv) Stunning instruments must be maintained in good repair and available for inspection by a department representative.

      (v) Inhumane treatment of animals shall be prohibited and any observed inhumane treatment of animals shall be subject to the tagging provisions of paragraph (6)(C) of this subsection.

  (5) Containers used for product; paper in contact with product.

    (A) To avoid contamination of product, containers shall be lined with suitable material of good quality before packing.

    (B) Containers and trucks, or other means of conveyance in which any carcass or part is transported to the owner shall be kept in a clean and sanitary condition.

    (C) Paper used for covering or lining containers and the cargo space of trucks, or other means of conveyance shall be of a kind which does not tear during use but remains intact and does not disintegrate when moistened by the product.

  (6) Tagging insanitary equipment, utensils, rooms, and carcasses.

    (A) A department representative may attach a "Texas Rejected" tag to any equipment, utensil, room, or compartment at a custom slaughter establishment that a department representative determines is insanitary and is a health hazard. No equipment, utensil, room, or compartment so tagged shall again be used until untagged or released by a department representative. Such tag so attached shall not be removed by anyone other than a department representative.

    (B) A department representative that determines a carcass is adulterated, unfit for human food, is from an unhealthy or unsound animal, or could result in a health hazard, may attach a "Texas Retained" tag to the carcass and document the reason for attaching the tag on a form specified by the department and deliver the form to the operator of the establishment. The owner of the carcass shall be notified by the plant operator and advised of the potential health risk. The custom slaughterer shall ensure that the owner of the carcass either authorizes the voluntary destruction and denaturing of the carcass and all parts or agrees to remove the carcass from the custom slaughter establishment.

    (C) Inhumane treatment of animals that is observed by a department representative shall result in the attaching of a "Texas Rejected" tag to the deficient equipment, facility structure, or the stunning area causing the inhumane treatment. No equipment, area, or facility so tagged shall be used until untagged or released by the department representative.

  (7) Marking and labeling of custom prepared products. Carcasses and parts therefrom that are prepared on a custom basis shall be marked at the time of preparation with the term "Not for Sale" in letters at least three-eighths inch in height, and shall also be identified with the owner's name or a code that allows identification of the carcass or carcass part to its owner. Ink used for marking such products must be labeled for such purpose. Ink containing FD&C Violet No. 1 shall not be used.

  (8) Requirements concerning procedures.

    (A) Heads from animals slaughtered by gunshot to the head shall not be used for food purposes. Such heads shall be denatured in accordance with paragraph (10) of this subsection and placed into containers marked "INEDIBLE." Heads with gunshot wounds may be returned to the owner only after they have been freely slashed and adequately denatured to preclude their use for human food.

    (B) Cattle paunches and hog stomachs intended for use in the preparation of meat food products shall be emptied of their contents immediately upon removal from the carcass and thoroughly cleaned on all surfaces and parts.

    (C) Carcasses shall not be adulterated, as defined in §221.12(b)(2) of this title, when placed in coolers.

  (9) Requirements concerning ingredients. All ingredients and other articles used in the preparation of any carcass shall be clean, sound, healthful, wholesome, and will not result in the adulteration of the carcass. A letter of guaranty from the manufacturer stating that the ingredient or article is safe when used in contact with food shall be obtained by the custom slaughterer and made available upon request to the department representative.

  (10) Denaturing procedures. Carcasses, parts thereof, meat and meat food products that are adulterated and/or not returned to the owner shall be adequately denatured or decharacterized to preclude their use as human food. Before the denaturing agents are applied, carcasses and carcass parts shall be freely slashed or sectioned. The denaturing agent must be mixed with all of the carcasses or carcass parts to be denatured, and must be applied in such quantity and manner that it cannot easily and readily be removed by washing or soaking. A sufficient amount of the appropriate agent shall be used to give the material a distinctive color, odor, or taste so that such material cannot be confused with an article of human food.

(b) Custom processing requirements. The requirements of this section shall apply to the custom processing by any person of uninspected livestock carcasses or parts, delivered by or for the owner thereof for such processing, not for sale to the public and exclusively for use, in the household of such owner, by him and members of his household and nonpaying guests. The requirements of this section shall not apply to processing hunter killed game animals, as defined in §221.12(b) of this title. The requirements of this section do not apply to processing of hunter killed exotic animals, or hunter killed feral swine, as defined in §221.12(b) of this title, provided persons engaged in such processing do not utilize the same facilities to engage in the receipt, storage, processing, or distribution of other meat and/or poultry food products.

  (1) Carcasses and parts for processing. No adulterated carcasses or parts as defined in §221.12(b)(2) of this title shall be accepted for custom processing.

  (2) Record keeping.

    (A) Operators of facilities conducting custom processing shall keep records for a period of two years, beginning on January 1 of the previous year plus the current year to date.

    (B) The records shall be available to the department representative on request.

    (C) Custom processing records shall contain the name, address, and telephone number of the owner of each carcass or parts presented, the date the carcass or parts were delivered, the species and amount.

    (D) Additional records such as bills of sale, invoices, bills of lading, and receiving and shipping papers for transactions in which any carcass, meat or meat food product is purchased, sold, shipped, received, transported or otherwise handled by the custom processor shall also be kept by the custom processor.

    (E) If the custom processing establishment also maintains a retail meat outlet, separate records, as listed in subparagraph (D) of this paragraph, shall be maintained for each type of business conducted at the establishment.

    (F) Temperature monitoring records shall be maintained by the custom processor, for heat treated or ready-to-eat products. These records shall include the temperature attained and time held during heating and the time and temperatures during the cool down process.

  (3) Sanitary methods. Custom processing establishments shall be maintained in sanitary condition. Each custom processing establishment shall comply with the requirements of 9 CFR, Part 416, adopted under §221.11 of this title.

  (4) Containers used for product; paper in contact with product.

    (A) To avoid contamination of product, containers shall be lined with suitable material of good quality before packing.

    (B) Containers and trucks, or other means of conveyance in which any product is transported to the owner shall be kept in a clean and sanitary condition.

    (C) Boxes and any containers used as tote boxes shall be clean and stored off the floor in a manner that does not interfere with good sanitation.

  (5) Tagging insanitary equipment, utensils, rooms, and carcasses.

    (A) A department representative may attach a "Texas Rejected" tag to any equipment, utensil, room, or compartment at a custom processing establishment that a department representative determines is insanitary and is a health hazard. No equipment, utensil, room, or compartment so tagged shall again be used until untagged or released by a department representative. Such tag so attached shall not be removed by anyone other than a department representative.

Cont'd...

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