| (a) In addition to the definitions set forth in the
Texas Agriculture Code, Chapter 165, Chapter 55 of this title (relating
to Swine), and Chapter 35 Subchapter B of this title (relating to
Brucellosis), the following words and terms, when used in this section,
shall have the following meanings, unless the context clearly indicates
otherwise:
(1) Restricted garbage--includes the animal refuse
matter and the putrescible animal waste resulting from handling, preparing,
cooking, or consuming food containing all or part of an animal carcass;
the animal waste material by-products or commingled animal and vegetable
waste material by-products of a restaurant, kitchen, cookery, or slaughterhouse;
and refuse accumulations of animal matter or commingled animal and
vegetable matter, liquid or otherwise.
(2) Unrestricted garbage--includes the vegetable, fruit,
dairy, or baked goods refuse matter and vegetable waste and refuse
accumulations resulting from handling, preparing, cooking, or consuming
food containing only vegetable matter, liquid or otherwise.
(3) Person--includes any individual, partnership, association,
corporation, company, joint stock association, governmental subdivision,
public or private organization of any character, body politic or any
organized group of persons, whether incorporated or not; including
any trustee, receiver, assignee, or similar representative thereof.
(b) A person is prohibited from feeding restricted
garbage to swine or providing restricted garbage to any person for
the purpose of feeding swine, except a facility operated by the Texas
Department of Criminal Justice may feed restricted garbage to swine
if the garbage is properly treated in accordance with applicable federal
requirements.
(c) A person may feed unrestricted garbage to swine
only if the person first registers with and secures a permit from
the commission.
(1) Each location where unrestricted garbage is fed
to swine shall be registered with the commission.
(2) Registered locations shall be issued a permit upon
compliance with the requirements contained in this section.
(3) Feral swine shall not be fed on the premises of
a registered location.
(4) Prior to registration/re-registration approval,
a swine brucellosis and pseudorabies negative test may be required
on all breeding swine based on the outcome of a disease risk analysis
of the herd. Tests for other diseases may be conducted on the samples
collected for registration approval or renewal.
(5) An annual disease risk analysis shall be conducted
by a state or federal inspector on each registered location.
(6) As determined by an analysis of risk for swine
brucellosis and pseudorabies and other diseases of concern that may
be transmitted among swine or to other species of livestock, the commission
may require a test or tests of swine on the registered location at
any time the commission determines that the risk is sufficient to
warrant a test.
(d) Garbage feeding permit.
(1) Permits are valid for two years from the date of
issuance.
(2) Application for a permit shall be submitted on
a form prescribed by the commission providing at least the following
information:
(A) Name, address and telephone number of the applicant;
(B) Physical location of the garbage feeding facility;
(C) Type of garbage to be fed; and
(D) Name, address and telephone number of the source
for garbage or potential garbage received.
(3) Renewal. To renew a garbage feeding facility permit,
a person must submit an application on a form prescribed by the commission
30 to 60 days prior to the expiration of the permit:
(A) A disease risk analysis shall be conducted by the
commission on each registered location 30-60 days prior to expiration
of the permit.
(B) If an application for the renewal of a permit is
not properly completed between 30 and 60 days prior to its expiration,
the permit will terminate at the end of its stated term.
(C) A permit expiration date may be extended if the
renewal application is pending completion due to the disease risk
analysis and any required testing resulting from the analysis.
(D) The commission may revoke or deny renewal of a
permit if a garbage feeding facility fails to meet the requirements
of this section or violates any provision of Chapters 161 or 165 of
the Texas Agriculture Code. The revocation or denial will remain in
effect until the deficiencies causing the revocation or denial are
corrected and any penalties assessed as a result of the revocation
or denial are satisfied. The garbage feeding facility permit may be
revoked for blatant or repetitive violation(s) of this section or
Chapters 161 or 165 of the Texas Agriculture Code.
(e) Inspection authority.
(1) For the purpose of inspection, examination, or
sampling, commission representatives are entitled to enter at reasonable
hours any building or place owned, controlled, or operated by a permitted
person if from probable cause it appears that the building or place
is in the business of feeding garbage to swine.
(2) A commission representative shall perform inspections
of applicants for registration at a time when normal feeding activities
can be observed.
(f) Facilities.
(1) Garbage shall not be fed on the ground.
(2) If feeding platforms are used, there must be watertight
platform space of at least three square feet to feed each hog.
(3) If troughs are used, at least one linear foot must
be supplied for each hog to be fed.
(g) Records: The permit holder shall maintain a daily
log reflecting the amount of garbage collected and the sources of
such garbage. A copy of the log shall be provided to a commission
representative upon request during normal business hours. The log
shall be maintained for one year from the date of entry.
(h) Sanitation
(1) Water.
(A) There shall be a sufficient supply of water for
cleaning.
(B) There shall be a sufficient supply of clean water
available for swine to drink at all times.
(C) Shelters and feeding areas shall be constructed
to provide for satisfactory drainage.
(2) Rodent and Pest Control.
(A) Effective fly and rodent control measures shall
be used.
(B) Containers used to transport or store garbage shall
be closed and sufficiently sealed to prevent access by rodents or
insects. These containers shall be kept clean and free from accumulations
of grease or foreign matter.
(3) Excess garbage shall be removed from the premises,
and shall not remain on the premises over 36 hours. Unused, excess,
or spoiled garbage shall be buried or burned and shall under no circumstances
be poured or dumped in the feeding or cooking area.
(4) Animal carcasses shall be removed from the registered
location premises promptly and disposed of in accordance with §59.12
of this title and applicable state and local ordinances.
(i) In addition to any other violations that may arise
under the act or this chapter, it is a violation for any person to
falsify an application.
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