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

(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:

(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--

(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:

(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:

(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.

(1) Basic requirements.

(2) Application.

(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.

(7) Meat and poultry establishments and related industries.