| (a) Introduction. The purpose of this subchapter is
to protect the public health by establishing uniform rules to assure
that meat and poultry products are clean, wholesome and truthfully
labeled.
(b) Definitions. The following words and terms, when
used in this subchapter, shall have the following meanings, unless
the context clearly indicates otherwise.
(1) Act--The Texas Meat and Poultry Inspection Act,
Texas Health and Safety Code, Chapter 433.
(2) Adulterated--A carcass, part of a carcass, or a
meat food product where:
(A) any part of it is the product of an animal that
has died in a manner other than by slaughter;
(B) any part of it consists of a filthy, putrid, or
decomposed substance or is for another reason unsound, unhealthy,
unwholesome, or otherwise unfit for human food; or
(C) it contains, because of administration of any substance
to a live animal or otherwise, an added poison or harmful substance
that makes the carcass, part of the carcass, or meat food unfit for
human food.
(3) Alternate source food animals--Animals slaughtered
and processed for food that are amenable to inspection under the Act
but are not amenable to inspection under the Federal Meat Inspection
Act (21 U.S.C. §601 et seq.) or Federal Poultry Products Inspection
Act (21 U.S.C. §451 et seq.).
(4) Bison--An animal known by the scientific name Bovidae
bison bison, commonly known as the North American prairie bison; or
an animal known by the scientific name Bovidae bison athabascae, commonly
known as the Canadian wood bison.
(5) Bison meat--The meat or flesh of a bison.
(6) Buffalo--An animal known by the scientific name
Bovidae bubalus bubalus, commonly known as the Asian Indian buffalo,
water buffalo, or caraboa; an animal known by the scientific name
Bovidae syncerus caffer, commonly known as the African buffalo or
the Cape buffalo; an animal known by the scientific name Bovidae anoa
depressicornis, commonly known as the Celebes buffalo; or an animal
known by the scientific name Bovidae anoa mindorenis, commonly known
as the Philippine buffalo or Mindoro buffalo.
(7) Buffalo meat--The carcass, part of the carcass,
or meat food product made in whole or part of a buffalo.
(8) Change in ownership--
(A) A change in the business organization operating
the business which changes the legal entity responsible for operation
of the business; or
(B) any change in control of the business.
(9) Commissioner--Commissioner of the Department of
State Health Services. For the purposes of this subchapter, the term
Secretary, when used in 9 CFR, shall mean commissioner.
(10) Custom exempt operation--The slaughtering of livestock
or the processing of an uninspected carcass or parts thereof for the
owner of that livestock animal, carcass, or parts, a member of the
owner's household, or a nonpaying guest of the owner in accordance
with Texas Health and Safety Code, §433.006; or the selling of
livestock to be slaughtered and processed by the purchaser on premises
owned or operated by the seller for the exclusive use of the purchaser,
a member of the owner's household, or a nonpaying guest of the owner
in accordance with Texas Health and Safety Code, §433.006.
(11) Custom processor--A person who prepares meat food
products from uninspected livestock carcasses or parts thereof for
the owner of those carcasses or parts for the exclusive use of the
owner, a member of the owner's household, or a nonpaying guest of
the owner in accordance with Texas Health and Safety Code, §433.006.
(12) Custom slaughterer--A person who slaughters livestock
for the owner of the livestock animal for the exclusive use of the
owner of the livestock or sells livestock to be slaughtered by the
purchaser on premises owned or operated by the seller, for the exclusive
use of the purchaser of the livestock, a member of the purchaser's
(owner's) household, or a nonpaying guest of the purchaser (owner)
in accordance with Texas Health and Safety Code, §433.006. Custom
slaughter includes all activities related to slaughter, including
restraining of livestock, cleaning or preparing any equipment used
for slaughter such as tools and knives, and cleaning and preparing
the slaughter facility.
(13) Department--The Department of State Health Services.
For the purposes of this subchapter, the term United States Department
of Agriculture, when used in federal regulations adopted by reference
by the department in §221.11 of this title (relating to Federal
Regulations on Meat and Poultry Inspection), shall mean the department.
(14) Exotic animal-- A member of a species of game
not indigenous to this state, including axis deer, nilgai antelope,
or other cloven hoofed ruminant animal.
(15) Federal regulations--The regulations adopted by
reference by the department in §221.11 of this title.
(16) Feral swine--Nondomestic descendants of domestic
swine that have either escaped or were released and subsequently developed
survival skills necessary to thrive in the wild. Some feral swine
are outcrossed with "Russian boar." Feral swine are subject to the
same regulations as domestic swine.
(17) Game animals--Wild animals that are indigenous
to this state, not amenable to the Act, for which the hunter must
obtain a hunting license from the Texas Parks and Wildlife Department
before hunting animals, such as white-tailed deer, mule deer, pronghorn
antelope, and big horn sheep.
(18) Grant of Custom Exemption--An authorization from
the department to engage in a business of custom slaughtering or processing
livestock for the owner of the livestock. This exemption includes
the exclusive use of the owner, a member of the owner's household,
or a nonpaying guest of the owner, in accordance with Texas Health
and Safety Code, §433.006, provided that the following conditions
are met:
(A) the establishment slaughters only sound, healthy
livestock and conducts all processing and handling under sanitary
standards and procedures resulting in meat products that are not adulterated;
(B) the product meets the marking and labeling requirements
as specified in §221.14 of this title (relating to Custom Exempt
Slaughter and Processing; Low-Volume Poultry or Rabbit Slaughter Operations);
and
(C) the establishment maintains records as specified
in §221.14 of this title.
(19) Grant of Inspection--An authorization issued by
the department to engage in a business subject to inspection under
the Act.
(20) Grant of Voluntary Inspection--An authorization
from the department to engage in a business subject to inspection
of alternate source food animals under the Act.
(21) Granted establishment--Any establishment with
a Grant of Inspection, Grant of Voluntary Inspection, or Grant of
Custom Exemption.
(22) Heat-treated--Meat or poultry products that are
ready-to-eat or have the appearance of being ready-to-eat because
they received heat processing.
(23) Livestock--Cattle, sheep, swine, goats, horses,
mules, other equines, poultry, domestic rabbits, exotic animals, or
domesticated game birds.
(24) Low-volume livestock operation--For purposes of
this subchapter, a low-volume livestock operation includes an establishment
that processes fewer than 10,000 domestic rabbits or more than 1,000
but fewer than 10,000 poultry in a calendar year, but does not include
an establishment that processes 1,000 or fewer poultry raised by the
operator of the establishment in a calendar year, or processes fewer
than 500 domestic rabbits in a calendar year.
(25) Meat Safety Assurance Section--The organization
overseen by the state director, within the Department of State Health
Services, responsible for meat safety in granted establishments in
Texas. For the purposes of this subchapter, the term Food Safety and
Inspection Service (FSIS), when used in federal regulations adopted
by reference by the department in §221.11 of this title, shall
mean Meat Safety Assurance Section.
(26) Person--Any individual, partnership, association,
corporation, or unincorporated business organization.
(27) Poultry--A live or dead domesticated bird.
(28) Poultry or Rabbit Exemption--Registration with
the department for a person to engage in a low-volume livestock operation
of slaughtering and processing poultry, rabbits, or both of their
own raising on their own property and personally distributing the
carcasses and parts to retail consumers, restaurants, or other retail
establishments, provided that the following conditions are met:
(A) the person slaughters more than 500 but fewer than
10,000 domestic rabbits and/or more than 1,000 but fewer than 10,000
poultry in a calendar year, January 1 through December 31 inclusive;
(B) the person does not buy or sell other poultry or
rabbit products (except live chicks, baby rabbits, and/or breeding
stock);
(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.
Cont'd... |
