Texas Administrative Code
Title 25 - HEALTH SERVICES
Part 1 - DEPARTMENT OF STATE HEALTH SERVICES
Chapter 221 - MEAT SAFETY ASSURANCE
Subchapter B - MEAT AND POULTRY INSPECTION
Section 221.12 - Meat and Poultry Inspection

Universal Citation: 25 TX Admin Code § 221.12

Current through Reg. 50, No. 13; March 28, 2025

(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, 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 United States Code (USC) §601 et seq.) or Federal Poultry Products Inspection Act (21 USC § 451 et seq.).

(4) Animal share--An ownership interest, conveyed and documented before slaughter, in one or more identified livestock animals created by a contract between a livestock producer, who owns the livestock, and a prospective co-owner of the livestock.
(A) Animal shares are defined portions of one or more specifically identified livestock and do not apply to groups of livestock or herds.

(B) Purchase, acquisition, or ownership of animal shares is limited to an individual co-owner. Animal shares may not be purchased, acquired, or owned by groups, businesses, or organizations.

(C) A livestock producer may, but is not required to, own a share of the individual livestock animal at the time of slaughter.

(5) 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.

(6) Bison meat--The meat or flesh of a bison.

(7) 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.

(8) Buffalo meat--The carcass, part of the carcass, or meat food product made in whole or part of a buffalo.

(9) Change in ownership--
(A) A change in the business organization operating the business that changes the legal entity responsible for operation of the business; or

(B) any change in control of the business.

(10) Commissioner--Commissioner of the Department of State Health Services. For the purposes of this subchapter, the term "Secretary," when used in 9 Code of Federal Regulations (CFR), means commissioner.

(11) Custom exempt operation--
(A) 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 or employee of the owner in accordance with Texas Health and Safety Code § 433.006; or

(B) 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 or employee of the owner in accordance with Texas Health and Safety Code § 433.006.

(12) 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 or employee of the owner in accordance with Texas Health and Safety Code § 433.006.

(13) Custom slaughterer--A person who slaughters livestock for a custom exempt operation in accordance with Texas Health and Safety Code § 433.006. Custom slaughter includes all activities related to slaughter, including restraining livestock, cleaning or preparing any equipment used for slaughter such as tools and knives, and cleaning and preparing the slaughter facility.

(14) Department--The Department of State Health Services. For the purposes of this subchapter, when using the federal regulations adopted by reference in § 221.11 of this subchapter (relating to Federal Regulations on Meat and Poultry Inspection), the terms "United States Department of Agriculture" or "department" mean the Department of State Health Services.

(15) Disfavored--Having a negative impact upon the determination to award a Grant of Custom Exemption, Grant of Inspection, or Grant of Voluntary Inspection.

(16) 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.

(17) Federal regulations--Chapter 9 of the Code of Federal Regulations (CFR) as adopted by reference in § 221.11 of this subchapter.

(18) 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." Live feral swine delivered to an establishment are subject to the same regulations as domestic swine.

(19) Game animals--Wild animals, 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.

(20) 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 is limited to the exclusive use for the owner, a member of the owner's household, or a nonpaying guest or employee 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 subchapter (relating to Custom Exempt Slaughter and Processing; Animal Share and Low-Volume Poultry or Rabbit Slaughter Operations); and

(C) the establishment maintains records as specified in § 221.14 of this subchapter.

(21) Grant of Inspection--An authorization issued by the department to engage in a business subject to inspection under the Act.

(22) 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.

(23) Granted establishment--Any establishment with a Grant of Inspection, Grant of Voluntary Inspection, or Grant of Custom Exemption.

(24) Heat-treated--Meat or poultry products that are offered for human consumption following heat processing.

(25) Humane Slaughter--In the case of cattle, calves, horses, mules, sheep, swine, and other livestock, all animals are rendered insensible to pain by a single blow or gunshot or electrical, chemical, or other means that is rapid and effective, before being shackled, hoisted, thrown, cast, or cut.

(26) Livestock--Cattle, sheep, swine, goats, horses, mules, other equines, poultry, domestic rabbits, exotic animals, or domesticated game birds.

(27) Livestock producer--A person actively engaged in livestock production or husbandry.

(28) 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. The term 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.

(29) Meat--Has the meaning assigned by 9 CFR § 301.2. The term does not include an analogue product, or a cell-cultured product as defined in Texas Health and Safety Code § 431.0805.

(30) Meat food product--Has the meaning assigned by 9 CFR § 301.2. The term does not include an analogue product, or a cell-cultured product as defined in Texas Health and Safety Code § 431.0805.

(31) 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 and associated in-commerce products 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 subchapter, means the Meat Safety Assurance Section.

(32) Official slaughter establishments premises--Locations where animals are held, including lots, pens, cages, and facilities associated with the holding and movement of livestock or poultry intended for slaughter. These facilities specifically include antemortem pens, suspect pens, alleyways, driveways, unloading areas, and adjoining pens that contain livestock intended for slaughter.

(33) Person--Any individual, partnership, association, corporation, or unincorporated business organization.

(34) Poultry--Any domesticated bird (chickens, turkeys, ducks, geese, guineas, ratites, or squabs, also termed young pigeons from one to about 30 days of age), whether live or dead. The term does not include an analogue product, or a cell-cultured product as defined in Texas Health and Safety Code § 431.0805.

(35) 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. The person must raise the animals on their own property and personally distribute the carcasses and parts to retail consumers, restaurants, or other retail establishments, provided the following conditions are met:
(A) the person slaughters 500 or more but fewer than 10,000 domestic rabbits or more than 1,000 but fewer than 10,000 poultry in a calendar year;

(B) the person does not buy or sell other poultry or rabbit products (except live chicks, baby rabbits, and 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(e)(4) of this subchapter; and

(E) the poultry is not a ratite.

(36) Poultry product--Has the meaning assigned by 9 CFR § 381.1(b). The term does not include an analogue product, or a cell-cultured product as defined in Texas Health and Safety Code § 431.0805.

(37) Ratite--Poultry such as ostrich, emus, or rhea.

(38) Responsibly connected person--An officer, partner, director, managerial or executive employee, holder or owner of 10 percent or more of the business's voting stock.

(39) Ritual cut--The simultaneous and instantaneous severance of the carotid arteries with a sharp instrument in accordance with the ritual requirements of the Jewish faith or any other religious faith that prescribes a method of slaughter whereby the animal suffers loss of consciousness by anemia of the brain.

(40) Slaughter--Methods of death, for the purpose of food, under sanitary conditions.

(41) 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 subchapter, means state director.

(c) Grant of Inspection, Grant of Voluntary Inspection, or Grant of Custom Exemption.

(1) Basic requirements.
(A) A person must 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 must 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 must 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 must 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. Hunter-killed exotic game animals processed exclusively for donation to a non-profit food bank, as defined by Texas Government Code § 418.026(a), do not require inspection.

(E) The establishment must 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.

(F) All regulated establishments operating as a livestock or animal dealer, by conducting on-premises livestock or poultry sales, must also comply with all regulatory requirements required as an animal or livestock seller, dealer, broker, or market.

(2) Application.
(A) To apply for a Grant of Inspection, Grant of Voluntary Inspection, or Grant of Custom Exemption, a person must complete department application forms, which can be obtained from the department's 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 must conduct an inspection to verify whether the establishment meets all regulatory requirements for the grant. Additionally, the department must ensure that the grant application contains all necessary information to issue a grant and determine if any responsibly connected persons are unfit to engage in any business requiring inspection or whose compliance history is subject to the application being disfavored as defined by this section. The department must notify the applicant of the results in accordance with policy, after receiving a complete and accurate application and making the required determinations.
(i) If the establishment meets all regulatory requirements and no responsibly connected persons associated with the establishment are subject to the application being disfavored as defined by this section, the department will provide the applicant with the appropriate grant.

(ii) If the establishment does not meet all regulatory requirements, 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 can support that the establishment meets all regulatory requirements for the grant.

(iii) If the establishment meets all regulatory requirements, the department may deny the application if one or more responsibly connected person(s) associated with the establishment is subject to the application being disfavored as defined by this section.

(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 must notify the department of any change in ownership of that business and relinquish the current grant to the department. The new owner must apply for a new grant on forms provided by the department. This notification and new application must be approved before the new ownership begins operations.

(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 will consider the compliance history of the establishment and any responsibly connected person(s) to determine whether to deny, revoke, or suspend a Grant of Inspection, Grant of Voluntary Inspection, or Grant of Custom Exemption. The department will review all compliance history records maintained according to the department's Records Retention Policy. A disfavored application may lead to denial, revocation, or suspension. An application indicating the following will be disfavored:
(i) an establishment or responsibly connected person(s) is unfit to engage in any business requiring inspection according to 9 CFR § 500.6(a)(9); or

(ii) a connection with an establishment or responsibly connected person(s) whose compliance history includes revocation, surrendered grant while enforcement actions are pending, or default on a previous enforcement action or agreement with the department.

(C) 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, this subchapter, and engages in conduct described in §221.12(c)(6)(B) of this subsection.

(D) 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.

(E) An establishment, where a grant has been suspended, must undergo reinspection before reinstatement of the grant.

(F) 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. The official badge of a department representative is sufficient identification to allow the representative admittance to all parts of such an establishment and its premises at all times, day or night.

(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 access to a department representative upon presentation of credentials. The department representative may examine the facilities and inventory. The department representative may also examine and copy records specified in this chapter.

(C) All inspected establishments must enter into a work schedule agreement with the department. Work schedule agreements may be made for a maximum of 40 hours per week and do not include operations on weekends or official holidays. Work schedule agreements may be altered by the department due to inspector availability, other conditions inhibiting the ability of the department to provide inspection services, or to conserve resources, as necessary. Custom exempt establishments must communicate the intended hours of operation to the department at least five (5) business days before commencing operations to facilitate inspection. Mobile slaughter and mobile processing establishments, whether inspected or custom exempt, must communicate the intended location to the department at least five (5) business days before commencing operations to facilitate inspection. Deviation from these requirements, or the requirements set forth in 9 CFR § 307.4, require prior written approval from the department.

(8) Disposition of livestock not eligible for entry into commerce.
(A) Livestock deemed ineligible for entry into commerce by the department may be slaughtered and processed under all applicable custom exemption rules and regulations if the department veterinarian determines such actions to be appropriate and that the livestock appear to be in such a condition that the resulting meat or meat food product may be fit for human consumption.

(B) All abnormal livestock, including livestock intended for slaughter and processing under custom exemption, must be presented for inspection at an establishment with a Grant of Inspection during hours of inspected operation.

(9) Requirements for the humane treatment of livestock, excluding poultry and domesticated game birds, at granted establishments.
(A) Livestock pens, driveways, ramps, gates, restraining devices, and all other facilities must be maintained in good repair and free from sharp or protruding objects that may cause injury or pain to the animals. Floors of livestock pens, driveways, ramps, restraining devices, and all other facilities must be constructed and maintained so as to provide good footing for livestock.

(B) A pen sufficient to protect livestock from the adverse climatic conditions of the locale is required at granted establishments that hold animals overnight or through the day.

(C) Animals must have access to water in all holding pens and, if held longer than 24 hours, access to feed. There must be sufficient room in the holding pen for animals held overnight to lie down. Disabled livestock must be separated from non-disabled livestock while being held in the establishments holding pens.

(D) Livestock must be humanely slaughtered in accordance with this section and 9 CFR §313, adopted by reference in § 221.11 of this subchapter.
(i) Stunning instruments must be maintained in good repair and available for inspection by a department representative.

(ii) Inhumane treatment of animals is prohibited, and any observed inhumane treatment of animals is subject to regulatory control actions and enforcement actions.

(E) Establishments conducting ritual slaughter in accordance with 7 USC § 1902(b).
(i) Establishments conducting ritual slaughter must have a completed document signed and dated by an appropriate religious authority, including the name, title, address, and other contact information of the appropriate religious authority. The document must describe and attest to the conduct of ritual slaughter at that establishment. This document must list, by name, the individuals authorized to perform ritual slaughter at that establishment. Individuals not specifically listed on the current document are not authorized to perform the ritual cut at the establishment unless an effective stunning procedure is utilized before the ritual cut. Any modification of the procedures, individuals authorized to perform ritual slaughter, or religious authority information requires completing an updated document. An individual listed on the current document may be assisted in the ritual slaughter by other establishment employees not listed on the document.

(ii) Establishments conducting ritual slaughter in accordance with 7 USC § 1902(b) are exempt from the stunning requirements of this section and the requirements of 9 CFR §§ 313.2(f), 313.5, 313.15, 313.16, 313.30, and 313.50(c) pertaining to stunning methods provided the following.
(I) Animals are humanely restrained and adequately restrained to prevent harm to the animal throughout the slaughter process.

(II) The ritual cut severs both carotid arteries immediately and simultaneously in a single cut unless an effective stunning procedure is utilized before the ritual cut.

(III) Animals are fully unconscious before being shackled, hoisted, thrown, cast, or cut except for the ritual cut.

(10) Good Commercial Practices for Poultry. Poultry and domesticated game birds are to be slaughtered in a manner that ensures breathing has stopped before scalding, so birds do not drown. Slaughter must result in thorough bleeding of the poultry carcass. The slaughtering of poultry and domesticated game birds must comply with 9 CFR § 381.90. Poultry and domesticated game bird carcasses showing evidence of having died from causes other than slaughter are considered adulterated and must be condemned. As required in 9 CFR § 381.65(b), the department requires poultry and domesticated game birds be slaughtered in accordance with good commercial practices.

Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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