| (C) the person slaughters only sound, healthy poultry
or rabbits and conducts all processes and handling under sanitary
standards and procedures resulting in poultry or rabbit products that
are not adulterated;
(D) the product meets the marking and labeling requirements
as specified in §221.14(c)(4) of this title;
(E) the poultry is not a ratite.
(29) Ratite--Poultry such as ostrich, emus, or rhea.
(30) Slaughter--Methods of humane death, for the purpose
of food, under sanitary conditions.
(31) State director--For the purposes of this subchapter,
the term administrator, when used in federal regulations adopted by
reference by the department in §221.11 of this title, shall mean
state director.
(c) Grant of Inspection, Grant of Voluntary Inspection,
or Grant of Custom 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
this subchapter, and has obtained the appropriate Grant of Inspection,
Grant of Voluntary Inspection, or Grant of Custom 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 this subchapter, 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 this subchapter, and has registered with the department, if required.
(D) A person shall not engage in alternate food source
livestock slaughter and processing operations unless that person has
met the standards established by the Act, the federal regulations,
and this subchapter, and has obtained a Grant of Voluntary Inspection
issued by the department.
(E) The establishment shall display the Grant of Inspection,
Grant of Voluntary Inspection, and Grant of Custom Exemption in a
prominent place at the physical business location, easily visible
to the public.
(2) Application.
(A) To apply for a Grant of Inspection, Grant of Voluntary
Inspection, or Grant of Custom Exemption, a person shall complete
department application forms, which can be obtained from the Department
of State Health Services, Meat Safety Assurance Section.
(B) Upon submission of an application for a Grant of
Inspection, Grant of Voluntary Inspection, or Grant of Custom Exemption,
the applicant must prove that the establishment meets all regulatory
requirements for the grant.
(C) The department shall conduct an inspection to verify
whether the establishment meets all regulatory requirements for the
grant and shall notify the applicant of the results of the inspection
within 45 working days of receiving a complete and accurate application.
(i) If the establishment meets all regulatory requirements
on the date of inspection, the department will provide the applicant
with the appropriate grant.
(ii) If the establishment does not meet all regulatory
requirements on the date of inspection, the department will provide
the applicant with a listing of the regulatory requirements that the
establishment failed to meet. In this case, the applicant may reapply
when the applicant is ready to support that the establishment meets
all regulatory requirements for the grant.
(3) Duration. The applicant who has complied with the
standards in the Act, the federal regulations, and this subchapter
will receive a Grant of Inspection, Grant of Voluntary Inspection,
or Grant of Custom Exemption for an indefinite period subject to the
denial, suspension, and revocation provisions in paragraph (6) of
this subsection.
(4) Non-transferable. A Grant of Inspection, Grant
of Voluntary Inspection, and Grant of Custom Exemption is not transferable
to another person.
(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
change.
(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 |
