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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 Exempt Slaughter and Processing; Low-Volume Poultry or Rabbit Slaughter Operations

    (A) All forms of fresh meat and poultry, including fresh unsmoked sausage and pork such as bacon and jowls are classified as products that are customarily well cooked in the home before being consumed. Therefore, the treatment of such products for the destruction of pathogens is not required.

    (B) Meat and poultry products, that are not customarily cooked or may not be cooked before consumption because they have the appearance of being fully cooked, must not contain pathogens.

      (i) Heat-treated products and dry, semi-dry, and fermented sausages, that are less than three inches in diameter, are required to be heated to an internal temperature according to the following chart:

Attached Graphic

      (ii) Heat treated products and dry, semi-dry, and fermented sausages, that are more than three inches in diameter, are required to be heated to an internal temperature according to the following chart:

Attached Graphic

      (iii) Heat treated products that must be stored under refrigerated temperatures must be cooled quickly to prevent bacterial growth. During cooling, the product's maximum internal temperature should not remain between 130 degrees Fahrenheit and 80 degrees Fahrenheit for more than 1 1/2 hours nor between 80 degrees Fahrenheit and 40 degrees Fahrenheit for more than 5 hours. Custom processors may slowly cool cured products in accordance with Food Safety and Inspection Services (FSIS) Directive 7110.3, Time/Temperature Guidelines for Cooling Heated Products, which may be viewed at www.fsis.usda.gov, or other substantiated support.

      (iv) Custom processors not utilizing a heating step as described in clauses (i), (ii), and (iii) of this subparagraph must submit an alternate procedure, describing the method utilized in determining safety, to a department representative.

      (v) Custom processors may produce heat-treated or ready-to-eat custom products, including chorizo, at temperatures other than those listed in clauses (i), (ii), and (iii) of this subparagraph when requested to do so by the owner of the product. The custom processor must obtain a signed statement from the owner of the product stating that the risks associated with eating under-cooked meat products are understood.

    (C) When necessary to comply with the requirements of this section, the smokehouses, drying rooms, and other compartments used in the treatment of meat and poultry products to destroy pathogens shall be suitably equipped, by the operator of the custom processing establishment with accurate automatic recording thermometers.

  (12) 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.

(c) Low-volume poultry or rabbit slaughter operations requirements.

  (1) Animals for slaughter. No adulterated poultry or rabbits as defined in §221.12(b)(2) of this title shall be slaughtered for the purpose of selling its carcass or parts for food. Only healthy poultry and rabbits, exhibiting no abnormalities, may be slaughtered for sale as food. Unhealthy or unsound poultry and rabbits are those that exhibit any condition that is not normally expected to be exhibited in a healthy and sound member of that species. Examples of abnormal or unsound animals include animals that are not able to get up, or animals that have any swellings, rectal or vaginal prolapse, ocular or nasal discharge, a cough, or a limp.

  (2) Record keeping.

    (A) Operators of facilities conducting slaughter under a Poultry or Rabbit Exemption shall keep 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 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.

  (3) Sanitary methods. Low-volume poultry or rabbit slaughter operations shall be maintained in sanitary condition.

  (4) Marking and labeling of products. Carcasses and parts therefrom that are prepared under the Poultry or Rabbit Exemption shall be packaged and the container shall be marked with each of the following in letters at least one-quarter inch in height, unless otherwise stated:

    (A) the slaughterer's name and address and the term "Exempted P.L. 90-492" and the statement "Not Produced Under Inspection;"

    (B) the common or usual name of the product, if any there be, and if there is none, a truthful descriptive designation of the product;

    (C) a special handling label such as, "Keep Refrigerated," "Keep Frozen," "Keep Refrigerated or Frozen," "Perishable - Keep Under Refrigeration," or any other similar statement that the establishment has received approval from the department to use; and

    (D) safe handling instructions shall be in lettering no smaller than one-sixteenth of an inch in size and shall be prominently placed with such conspicuousness (as compared with other words, statements, designs, or devices in the labeling) as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use:

      (i) Safe handling information. The safe handling information shall be presented on the label under the heading "Safe Handling Instructions," which shall be set in type size larger than the print size of the rationale statement and safe handling statement. The safe handling information shall be set off by a border and shall be one color type printed on a single color contrasting background whenever practical.

      (ii) Rationale statement. The safe handling instructions shall include the following rationale statement, "This product was prepared from meat and/or poultry. Some food products may contain bacteria that could cause illness if the product is mishandled or cooked improperly. For your protection, follow these safe handling instructions." This statement shall be placed immediately after the heading for safe handling instructions in clause (i) of this subparagraph and before the safe handling statement in clause (iii) of this subparagraph.

      (iii) Safe handling statement. The safe handling instructions shall include the following safe handling statements:

        (I) "Keep refrigerated or frozen. Thaw in refrigerator or microwave." (Any portion of this statement that is in conflict with the product's specific handling instructions may be omitted, e.g., instructions to cook without thawing.) (A graphic illustration of a refrigerator shall be displayed next to the statement.);

        (II) "Keep raw meat and poultry separate from other foods. Wash working surfaces (including cutting boards), utensils, and hands after touching raw meat or poultry." (A graphic illustration of soapy hands under a faucet shall be displayed next to the statement.);

        (III) "Cook thoroughly." (A graphic illustration of a skillet shall be displayed next to the statement.); and

        (IV) "Keep hot foods hot. Refrigerate leftovers immediately or discard." (A graphic illustration of a thermometer shall be displayed next to the statement.)


Source Note: The provisions of this §221.14 adopted 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 November 7, 2002, 27 TexReg 10391; amended to be effective January 1, 2005, 29 TexReg 11979; amended to be effective December 23, 2020, 45 TexReg 9215

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