1. (a) Introduction. The purpose of this section is to protect the public health by establishing uniform rules to assure that meat and poultry products are clean, wholesome and truthfully labeled.

2. (b) Definitions. The following words and terms, when used in these sections, shall have the following meanings, unless the context clearly indicates otherwise.

   1. (1) Act--The Texas Meat and Poultry Inspection Act, Texas Civil Statutes, Article 4476-7.

   2. (2) Adulterated--A carcass, part of a carcass, or a meat food product where:

      1. (A) any part of it is the product of an animal that has died in a manner other than by slaughter;
      2. (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
      3. (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. (3) Change in ownership--

      1. (A) a change in the business organization operating the business which changes the legal entity responsible for operation of the business; or
      2. (B) any change in control of the business; or
      3. (C) any change in ownership of the business which requires a reapplication to the Texas Department of Health for a grant of inspection and/or custom exemption to operate.
   4. (4) Custom operations--The slaughtering of livestock or the processing of an uninspected carcass or parts thereof for the owner of that livestock animal, carcass, or parts or the selling of livestock, inspected carcasses, or parts to be slaughtered and/or processed by the purchaser on premises owned or operated by the seller for the exclusive use of the purchaser.
   5. (5) Custom processor--A person who prepares meat food products from uninspected livestock carcasses or parts thereof for the owner of those carcasses or parts or sells inspected carcasses or parts to be prepared by the purchaser on premises owned or operated by the seller for the exclusive use of the purchaser.
   6. (6) 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.
   7. (7) Department--Texas Department of Health.
   8. (8) Exotic animal--A member of a species of game not indigenous to this state, including an axis deer, nilga antelope, red sheep, or other cloven hooved ruminant animal.
   9. (9) Federal regulations--The regulations adopted by reference by the department in §221.11 of this title (relating to Federal Regulations on Meat and Poultry Inspection).
   10. (10) 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 are out-crossed with "Russian boar."
   11. (11) Game animals--Wild animals that are hunted for food or recreational purposes and for which the hunter must obtain a hunting license from the Texas Parks and Wildlife Department prior to hunting such animals.
   12. (12) Grant of custom exemption--An authorization from the department to engage in a business of custom slaughtering and/or processing livestock for the owner of the livestock for the owner's personal use.
   13. (13) Grant of inspection--An authorization from the department to engage in a business subject to inspection under the Act.
   14. (14) 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.
   15. (15) Livestock--Cattle, sheep, swine, goats, horses, mules, other equines, poultry, domestic rabbits, exotic animals, or domesticated game birds.
   16. (16) Person--Any individual, partnership, association, corporation, or unincorporated business organization.
   17. (17) Poultry--A live or dead domesticated bird.

3. (c) Grant of inspection and/or custom exemption.

   1. (1) Basic requirements.

      1. (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, and these sections, and has obtained the appropriate grant of inspection and/or custom exemption issued by the department.
      2. (B) A person shall not engage in custom operations unless that person has met the standards established by the Act, the federal regulations, and these sections, and has obtained a grant of custom exemption issued by the department.
   2. (2) Application. To apply for a grant of inspection and/or custom exemption, a person shall complete department application forms which can be obtained from the Meat Safety Assurance Division, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756.
   3. (3) Duration. The applicant who has complied with the standards in the Act, the federal regulations, and these sections will receive a grant of inspection and/or custom exemption for an indefinite period subject to the denial, suspension, and revocation provisions in paragraph (7) of this subsection.
   4. (4) Nontransferability. A grant of inspection and/or custom exemption is not transferable to another person.
   5. (5) Change of ownership. Any person operating a business under a grant of inspection and/or 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 prior to the ownership change.
   6. (6) Temporary exemption. Each person engaged in a business subject to the Act at the time of enactment of the Act may be allowed a maximum period of 36 months to provide the drawings (blueprints of the business's physical plant) as required by the federal regulations and to bring the facility into compliance with these drawings. This 36-month period will begin upon the date the department gives the person official notice by certified mail that the person has 36 months to provide the drawings.

   7. (7) Denial, suspension and revocation.

      1. (A) The department may deny a grant of inspection and/or custom exemption to any applicant who does not comply with the standards of the Act, the federal regulations, and these sections.
      2. (B) The department may suspend or revoke a grant of inspection and/or custom exemption of any person who violates the standards of the Act, the federal regulations, and these sections.
      3. (C) A person whose grant has been denied, suspended, or revoked is entitled to an opportunity for a formal hearing in accordance with §§1.21-1.34 of this title (relating to Formal Hearing Procedures).

4. (d) Special fees for inspection services.

   1. (1) Scope and purpose. Fees shall be charged by the department for inspection services provided on a holiday or on an overtime basis, and/or for products which do not require inspection by state or federal law.
   2. (2) Overtime and holiday rate. The overtime and holiday rate for inspection services provided pursuant to Health and Safety Code, Chapter 433, §433.009, shall be $23 per hour, per program employee.
   3. (3) Rate for inspections not required by state or federal meat and poultry inspection laws. The rate for inspections not required by state or federal meat and poultry inspection laws provided pursuant to Health and Safety Code, Chapter 433, §433.009, shall be $23 per hour, per program employee.

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.