| (5) Change of ownership. Any person operating a business
under a Grant of Inspection, Grant of Voluntary Inspection, or Grant
of Custom 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 before the ownership
(6) Denial, suspension and revocation.
(A) The department may deny a Grant of Inspection,
Grant of Voluntary Inspection, or Grant of Custom Exemption to any
applicant who does not comply with the standards of the Act, the federal
regulations, and this subchapter.
(B) The department may suspend or revoke a Grant of
Inspection, Grant of Voluntary Inspection, or Grant of Custom Exemption
of any person who violates the standards of the Act, the federal regulations,
and this subchapter.
(C) The department may suspend a Grant of Inspection,
Grant of Voluntary Inspection, or Grant of Custom Exemption if an
establishment is inactive for a period in excess of 30 calendar days.
(D) An establishment, where a grant has been suspended,
shall undergo reinspection before reinstatement of the grant.
(E) A person whose grant has been denied, suspended,
or revoked is entitled to an opportunity for a formal hearing in accordance
with §§1.21, 1.23, 1.25, and 1.27 of this title (relating
to Formal Hearing Procedures.)
(7) Meat and poultry establishments and related industries.
(A) For the purpose of conducting an inspection or
performing any other inspection program duty, the department representatives
must have access to the premises and to every part of an establishment
that slaughters livestock or otherwise prepares or processes meat
or poultry products subject to inspection, at all times, day or night,
whether the establishment is being operated. The numbered official
badge of a department representative is sufficient identification
to entitle the representative to admittance to all parts of such an
establishment and its premises.
(B) At all reasonable hours, any person subject to
record keeping requirements under the Act or this chapter (whether
holding or not holding a Grant of Inspection or exemption therefrom)
must permit a department representative upon presentation of credentials,
to enter the place of business to examine the facilities and inventory
and to examine and copy the records specified in this chapter.
|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; amended to be effective December 23, 2020, 45 TexReg 9215