1. (a) Custom slaughter requirements. The requirements of this section shall apply to the custom slaughter by any person of livestock, as defined in §221.12(b) of this title (relating to Meat and Poultry Inspection), delivered by or for the owner thereof for such slaughter, not for sale to the public and exclusively for use, in the household of such owner, by him and members of his household and nonpaying guests. The requirements of this section do not apply to hunter killed game animals, hunter killed exotic animals, and hunter killed feral swine, as defined in §221.12(b) of this title.

   1. (1) Animals for slaughter. No adulterated animals as defined in §221.12(b)(2) of this title shall be accepted for custom slaughter. Only healthy animals, exhibiting no abnormalities, may be accepted for custom slaughter at custom slaughter establishments. Unhealthy or unsound animals are those that exhibit any condition that is not normally expected to be exhibited in a healthy and sound member of that species.

      1. (A) Examples of abnormal or unsound animals include, but are not limited to, animals that are not able to get up, or animals that have a missing or abnormal eye, swellings, rectal or vaginal prolapse, ocular or nasal discharge, a cough, or a limp.
      2. (B) Animals that have an obviously recent break of the lower leg (below the stifle or elbow) and are able to walk and stand are not considered to be unsound or unhealthy if no other abnormal conditions are noted.

   2. (2) Record keeping.

      1. (A) Operators of facilities conducting custom slaughter shall keep records for a period of two years, beginning on January 1 of the previous year plus the current year to date.
      2. (B) The records shall be available to Texas Department of Health (department) representatives on request.
      3. (C) Custom slaughter records shall contain the name, address, and telephone number of the owner of each animal presented, the date the animal was slaughtered, the species and brief description of the livestock.
      4. (D) Additional records that must be kept include 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 by the custom slaughterer.
      5. (E) If the custom slaughter establishment also maintains a retail meat outlet, separate records as listed in subparagraph (D) of this paragraph, shall be maintained for each type of business conducted at the establishment.

   3. (3) Sanitary methods. Custom slaughter establishments shall be maintained in sanitary condition. Each custom slaughter establishment shall develop, implement, and maintain written standard operating procedures for sanitation (SSOP) in accordance with the following requirements.

      1. (A) The SSOP shall describe all procedures that a custom slaughter establishment will conduct daily, before, and during operations, sufficient to prevent direct contamination or adulteration of product(s).
      2. (B) The SSOP shall be signed and dated by the person with overall authority on-site. This signature shall signify that the establishment will implement the SSOP as specified and will maintain the SSOP in accordance with the requirements of this part. The SSOP shall be signed and dated upon initially implementing the SSOP and upon any modifications to the SSOP.
      3. (C) Procedures in the SSOP that are to be conducted prior to operations shall be identified as such, and shall address, at a minimum, the daily cleaning of food contact surfaces of facilities, equipment, and utensils.
      4. (D) The SSOP shall specify the frequency with which each procedure in the SSOP is to be conducted by the custom slaughterer and identify the employee(s) responsible for the implementation and maintenance of such procedure(s).
      5. (E) Each custom slaughter establishment shall conduct the pre-operational procedures in the SSOP before the start of operations, and shall conduct all other procedures as specified in the SSOP.
      6. (F) The owner or operator of the custom slaughter establishment shall monitor daily implementation of the SSOP.
      7. (G) The operator of the custom slaughter establishment shall evaluate the procedures contained in the SSOP to prevent direct contamination or adulteration of product(s) and shall revise the SSOP as necessary to keep the procedures effective and current with respect to changes in facilities, equipment, utensils, operations, or personnel.
      8. (H) The operator or owner of the custom slaughter establishment shall take appropriate corrective action(s) when either the establishment or department determines that the establishment's SSOP failed to prevent direct contamination or adulteration of product(s). Corrective actions include procedures to ensure appropriate disposition of product(s) that may be contaminated, restore sanitary conditions, and prevent the recurrence of direct contamination or adulteration of product(s), including appropriate reevaluation and modification of the SSOP.
      9. (I) Each custom slaughter establishment shall maintain daily records sufficient to document the implementation and monitoring of the SSOP and any corrective actions taken. The establishment employee(s) specified in the SSOP shall authenticate these records with his or her initials and the date. These records shall be maintained for at least six months and made available to a department representative upon request. All such records shall be maintained at the custom slaughter establishment.

   4. (4) Facilities.

      1. (A) The custom slaughter establishment shall maintain well distributed, sufficient light of good quality, and sufficient ventilation for all rooms and compartments to ensure sanitary condition, as specified in the department's guideline titled "Construction Guide No. 1, Texas State Inspected Meat Packing Plants: A Guide to Construction and Layout," dated May 1995.
      2. (B) The guideline specified in subparagraph (A) of this paragraph is available from the Texas Department of Health, Meat Safety Assurance Division, 1100 West 49th Street, Austin, Texas 78756.
   5. (5) Drainage. The custom slaughter establishment shall maintain an efficient drainage and plumbing system for the establishment and premises, and all drains and gutters shall be properly installed with appropriate traps and vents. The establishment shall obtain a letter or certificate approving the sewer system from the agency having jurisdiction for sewerage treatment and disposal.

   6. (6) Water supply.

      1. (A) The water supply shall be ample, clean, and potable, with adequate facilities for its distribution in the plant and its protection against contamination and pollution. Every establishment shall make known the source of its water supply and shall afford the opportunity for inspection by a department representative of the water and storage facilities and the distribution system. Establishments using a public water supply shall obtain a letter from the servicing agent stating that the water is tested periodically to determine its potability and that the establishment is supplied water by said agency or company. Plant owners shall have the plant water supply tested annually, if using a public water supply, or semiannually if using a private water supply, and make the test reports available to the inspector. If the plant uses ice, the ice must be made with potable water meeting the requirements of this subparagraph for the water supply, including annual or semiannual testing.
      2. (B) Equipment using potable water, water faucets having an open-ended hose attached, or any other potential source of back-siphonage shall be so installed as to prevent back-siphonage into the potable water system, including installation of back-siphonage devices.
      3. (C) Nonpotable water is permitted only in those parts of the custom slaughter establishment where no edible product is handled or prepared.
      4. (D) Nonpotable water is not permitted for washing floors, areas, or equipment involved in trucking materials to and from edible product departments nor is it permitted in hog scalding vats, dehairing machines, or for cleanup of shackling pens, bleeding areas, or runways within the slaughtering department.
      5. (E) Nonpotable waterlines shall be clearly identified and shall not be cross-connected with the potable water supply unless this is necessary for fire protection and such connection is of a type with an adequate break to assure against accidental contamination, and is approved by local authorities.
      6. (F) Properly located facilities having other than hand operated faucets providing hot and cold water through a mixing valve shall be provided for cleansing and disinfecting utensils and hands of persons handling any product.
      7. (G) An ample supply of water at not less than 180 degrees Fahrenheit shall be furnished and used for the cleaning of equipment, floors, and walls which are subject to contamination by the dressing or handling of carcasses, viscera, or other parts. Whenever necessary to determine compliance with this requirement, conveniently located thermometers shall be installed by the operator to show the temperature of the water where it exits the wall fixture (generally a hose bib). In low volume custom slaughter establishments a disinfectant may be used in lieu of 180 degrees Fahrenheit water if prepared and used according to a written procedure, developed by the custom slaughterer specifying mixing methods, concentrations, contact time, need to rinse with clean water, and storage of mixed solutions. The use of disinfectant solutions must be shown to be safe and effective to the department representative.
      8. (H) Hot water for cleaning rooms and equipment other than those mentioned in subparagraph (G) of this paragraph shall be delivered under pressure to sufficient convenient outlets and shall be of such temperature as to accomplish a thorough cleanup.
   7. (7) Construction. The floors, walls, ceilings, partitions, posts, doors, and other parts of all structures shall be of such smooth and impervious materials, construction, and finish as will make them readily and thoroughly cleanable. The rooms and compartments used for edible product shall be separate and distinct from those used for inedible product.
   8. (8) Rails. Rails should be located, and passageway space provided, so that carcasses do not come in contact with posts, walls, and other fixed parts of the building, or with barrels, boxes, and other containers in the holding and operating areas.

   9. (9) Protection of products.

      1. (A) The rooms and compartments in which any product is prepared or handled shall be free from dust and from odors from dressing and toilet rooms, catch basins, hide cellars, inedible rooms, livestock pens or any other foreign source.
      2. (B) Carcasses and parts shall be protected from contamination from any source such as dust, dirt, or insects during storage, loading, or unloading at, and transportation from, custom slaughter establishments. Carcasses and parts must be protected from contamination during transport by being enclosed in packaging material or in a covered vehicle with tight fitting doors or other covering for all openings.
   10. (10) Rodent and pest control. A rodent and pest control and surveillance program shall be implemented to exclude flies, rats, mice, and other vermin from custom slaughter establishments. The use of poisons for any purpose in rooms or compartments where any carcass is stored or handled is forbidden. The use of insecticides, rodenticides, and similar pest control substances in hide cellars, inedible product departments, outbuildings, or similar places, or in storerooms containing canned products may be used provided they are labeled for use in or near areas when exposed food is present. So-called rat viruses shall not be used in any part of an establishment or the premises of the custom slaughter establishments.
   11. (11) Dogs and cats not permitted. Dogs and cats shall be excluded from areas where animals are custom slaughtered; however, guard dogs may be permitted on the outer premises for security purposes.

   12. (12) Welfare facilities and accommodations; specific requirements.

       1. (A) Adequate welfare facilities and accommodations shall be furnished for the employees of the custom slaughter establishments.

       2. (B) Dressing rooms, rest rooms, toilets, and urinals shall be:

          1. (i) sufficient in number, ample in size, and conveniently located;
          2. (ii) properly ventilated, and meet all requirements of the regulations in this part as to sanitary construction and equipment; and
          3. (iii) separate from the rooms and compartments in which livestock are slaughtered, dressed, stored, or handled.
       3. (C) Acceptable sinks with other than hand operated faucets, including hot and cold running water, soap, towels, and trash receptacles shall be placed in or near toilet and urinal rooms and also at such other places in the establishment to assure cleanliness of all persons handling any product.
       4. (D) Toilet soil lines shall be separate from establishment drainage lines to a point outside the building and drainage from toilet bowls and urinals shall not be discharged into a grease catch basin.

   13. (13) Equipment and utensils.

       1. (A) Equipment and utensils used for slaughtering and dressing livestock or otherwise handling any edible product in any custom slaughter establishment shall be of such smooth and impervious material and construction as will facilitate their thorough cleaning and ensure cleanliness in the preparation and handling of all edible products to avoid adulteration of such products.
       2. (B) Scabbards and similar devices for the temporary retention of knives, steels, triers, etc., by workers and others at custom slaughter establishments shall be constructed of rust-resistant metal or other impervious material, that may be readily cleaned, and shall be kept clean at all times.
       3. (C) When equipment or utensils proposed for use in slaughtering and dressing livestock is not listed in USDA's approved equipment list, the slaughterer shall demonstrate to a department representative that the equipment is easily and readily cleanable, suitable for its intended purpose, and does not cause contamination of meat or poultry products.
       4. (D) Receptacles used for handling inedible material shall be of such smooth and impervious material and construction that allows them to be easily cleaned, shall be maintained in a clean condition, and they shall be conspicuously and distinctively marked "INEDIBLE" and shall not be used for handling any edible product.
       5. (E) New or replacement equipment or machinery (including any replacement parts) brought onto the premises of any custom slaughter establishment shall not contain liquid polychlorinated biphenyls (PCBs) in concentrations above 50 parts per million by weight of the liquid medium. This provision applies to any and all equipment and machinery, and any replacement parts for such equipment and machinery. Totally enclosed capacitors containing less than three pounds of PCBs are exempted from this prohibition.

   14. (14) Humane treatment of animals.

       1. (A) Livestock pens, driveways, and ramps shall be maintained in good repair and free from sharp or protruding objects which may cause injury or pain to the animals. Loose boards, splintered or broken planking, and unnecessary openings where the head, feet, or legs of an animal may be injured shall be repaired. Floors of livestock pens, ramps, and driveways shall be constructed and maintained so as to provide good footing for livestock.
       2. (B) A covered pen sufficient to protect livestock from the adverse climatic conditions of the locale shall be required at those establishments that hold animals overnight or through the day.
       3. (C) Animals shall have access to water in all holding pens and, if held longer than 24 hours, access to feed. There shall be sufficient room in the holding pen for animals held overnight to lie down.

       4. (D) Livestock is to be humanely slaughtered. The slaughtering of livestock by using captive bolt stunners, electrical stunners, and shooting with firearms, are designated as humane methods of slaughtering.

          1. (i) The captive bolt stunners, electrical stunners, or delivery of a bullet or projectile shall be applied to the livestock in a manner so as to produce immediate unconsciousness in the animals before they are shackled, hoisted, thrown, cast, or cut. The animals shall be stunned in such a manner that they will be rendered unconscious with a minimum of excitement and discomfort.
          2. (ii) The driving of animals to the stunning area shall be done with a minimum of excitement and discomfort to the animals. Delivery of calm animals to the stunning area is essential since accurate placement of stunning equipment is difficult on nervous or injured animals. Electrical equipment shall be minimally used with the lowest effective voltage to drive animal to the stunning area. Pipes, sharp or pointed objects, and other items which would cause injury or unnecessary pain to the animal shall not be used to drive livestock.
          3. (iii) Immediately after the stunning blow is delivered, the animals shall be in a state of complete unconsciousness and remain in this condition throughout shackling, sticking, and bleeding.
          4. (iv) Stunning instruments must be maintained in good repair and available for inspection by a department representative.
          5. (v) Inhumane treatment of animals shall be prohibited and any observed inhumane treatment of animals shall be subject to the tagging provisions of paragraph (19)(C) of this subsection.
   15. (15) Rooms and compartments. Rooms, compartments, places, equipment, and utensils used for dressing or otherwise handling any carcass, and all other parts of the establishment, shall be kept clean and in sanitary condition. There shall be no handling or storing of materials that create an insanitary condition in rooms, compartments, or places where any livestock is dressed and carcass stored, or otherwise handled.

   16. (16) Operations, procedures, and clothing.

       1. (A) Operations and procedures involving the dressing, storing, or handling of any livestock carcass or parts thereof shall be strictly in accord with clean and sanitary methods prescribed in paragraph (3) of this subsection.
       2. (B) Rooms and compartments in which livestock are slaughtered shall be kept sufficiently free of steam and vapors. Walls, ceilings, and overhead structure of rooms and compartments in which animals are dressed and carcasses handled or stored shall be kept free from moisture to prevent dripping and contamination of product.
       3. (C) All tools, utensils, and equipment which become contaminated in dressing carcasses shall be thoroughly cleansed and dipped in hot water having a minimum temperature of 180 degrees Fahrenheit or in a disinfectant used and prepared according to a written procedure, developed by the custom slaughterer specifying mixing methods, concentrations, contact time, the need to rinse with clean water, and storage of mixed solutions. The use of disinfectant solutions must be safe and effective.
       4. (D) All persons that handle any product within the custom slaughter establishment shall keep their hands clean. All persons shall wash their hands after using the toilet rooms or urinals before handling any product, tool, utensil, or equipment used in the preparation of product.
       5. (E) Aprons and other outer clothing worn by all persons that slaughter and dress animals shall be of material that is readily cleansed. Clean garments shall be worn at the start of each working day and the garments shall be changed during the day as required. Clean outer garments shall be stored in a manner that protects them from contamination during storage.
       6. (F) Employees are prohibited from tobacco usage in any form and practices such as spitting on whetstones, spitting on the floor, placing skewers, tags, or knives in their mouths, and inflating casings with air from the mouth are also prohibited. Contamination of product with perspiration, hair, cosmetics, medications, and similar substances shall be prevented.
       7. (G) No person slaughtering animals shall exhibit evidence of a communicable disease in the transmissible stage, nor be a carrier of any disease known to be transmissible through preparation or processing of food, nor be affected with sores, infected wounds, or with any other form of microbiological contaminants wherein the contaminants may be transferred to the product being handled.

   17. (17) Containers used for product; paper in contact with product.

       1. (A) To avoid contamination of product, containers shall be lined with suitable material of good quality before packing.
       2. (B) Containers and trucks, or other means of conveyance in which any carcass or part is transported to the owner shall be kept in a clean and sanitary condition.
       3. (C) Paper used for covering or lining containers and the cargo space of trucks, or other means of conveyance shall be of a kind which does not tear during use but remains intact and does not disintegrate when moistened by the product.
   18. (18) Inedible operating and storage rooms; outer premises. All operating and storage rooms and departments used for inedible materials shall be maintained in a sanitary condition. The outer premises including docks and areas where cars and vehicles are loaded, and the driveways, approaches, yards, pens, and alleys, shall have proper drainage and be kept in clean and orderly condition. All catch basins on the premises shall be of such construction and location and shall be given such attention as will ensure their being kept in a sanitary condition as to odors and cleanliness. Catch basins shall not be located in departments where animals are slaughtered and carcasses are handled or stored. The accumulation on the premises of any material in which flies may breed, such as hog hair, bones, paunch contents, or manure, is forbidden.

   19. (19) Tagging insanitary equipment, utensils, rooms, and carcasses.

       1. (A) A department representative may attach a "Texas Rejected" tag to any equipment, utensil, room, or compartment at a custom slaughter establishment that a department representative determines is insanitary and is a health hazard. No equipment, utensil, room, or compartment so tagged shall again be used until untagged or released by a department representative. Such tag so attached shall not be removed by anyone other than a department representative.
       2. (B) A department representative that determines a carcass is adulterated, unfit for human food, is from an unhealthy or unsound animal, or could result in a health hazard, may attach a "Texas Retained" tag to the carcass and document the reason for attaching the tag on a form specified by the department and deliver the form to the operator of the establishment. The owner of the carcass shall be notified by the plant operator and advised of the potential health risk. The custom slaughterer shall ensure that the owner of the carcass either authorizes the voluntary destruction and denaturing of the carcass and all parts or agrees to remove the carcass from the custom slaughter establishment.
       3. (C) Inhumane treatment of animals that is observed by a department representative shall result in the attaching of a "Texas Rejected" tag to the deficient equipment, facility structure, or the stunning area causing the inhumane treatment. No equipment, area, or facility so tagged shall be used until untagged or released by the department representative.
   20. (20) Marking and labeling of custom prepared products. Carcasses and parts therefrom that are prepared on a custom basis shall be marked at the time of preparation with the term "Not for Sale" in letters at least three-eighths inch in height, and shall also be identified with the owner's name or a code that allows identification of the carcass or carcass part to its owner. Ink used for marking such products must be labeled for such purpose. Ink containing FD&C Violet No. 1 shall not be used.

   21. (21) Requirements concerning procedures.

       1. (A) Heads from animals slaughtered by gunshot to the head shall not be used for food purposes. Such heads shall be denatured in accordance with paragraph (23) of this subsection and placed into containers marked "INEDIBLE." Heads with gunshot wounds may be returned to the owner only after they have been freely slashed and adequately denatured to preclude their use for human food.
       2. (B) Cattle paunches and hog stomachs intended for use in the preparation of meat food products shall be emptied of their contents immediately upon removal from the carcass and thoroughly cleaned on all surfaces and parts.
       3. (C) Carcasses shall not be adulterated, as defined in §221.12(b)(2) of this title, when placed in coolers.
   22. (22) Requirements concerning ingredients. All ingredients and other articles used in the preparation of any carcass shall be clean, sound, healthful, wholesome, and will not result in the adulteration of the carcass. A letter of guaranty from the manufacturer stating that the ingredient or article is safe when used in contact with food shall be obtained by the custom slaughterer and made available upon request to the department representative.
   23. (23) 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.

2. (b) Custom processing requirements. The requirements of this section shall apply to the custom processing by any person of uninspected livestock carcasses or parts, delivered by or for the owner thereof for such processing, not for sale to the public and exclusively for use, in the household of such owner, by him and members of his household and nonpaying guests. The requirements of this section shall not apply to processing hunter killed game animals, hunter killed exotic animals, and hunter killed feral swine as defined in §221.12(b) of this title.

   1. (1) Carcasses and parts for processing. No adulterated carcasses or parts as defined in §221.12(b)(2) of this title shall be accepted for custom processing.

   2. (2) Record keeping.

      1. (A) Operators of facilities conducting custom processing shall keep records for a period of two years, beginning on January 1 of the previous year plus the current year to date.
      2. (B) The records shall be available to the department representative on request.
      3. (C) Custom processing records shall contain the name, address, and telephone number of the owner of each carcass or parts presented, the date the carcass or parts were delivered, the species and amount.
      4. (D) Additional records such as bills of sale, invoices, bills of lading, and receiving and shipping papers for transactions in which any carcass, meat or meat food product is purchased, sold, shipped, received, transported or otherwise handled by the custom processor shall also be kept by the custom processor.
      5. (E) If the custom processing establishment also maintains a retail meat outlet, separate records, as listed in subparagraph (D) of this paragraph, shall be maintained for each type of business conducted at the establishment.
      6. (F) Temperature monitoring records shall be maintained by the custom processor, for heat treated or ready-to-eat products. These records shall include the temperature attained and time held during heating and the time and temperatures during the cool down process.

   3. (3) Sanitary methods. Custom processing establishments shall be maintained in sanitary condition. Each custom processing establishment shall develop, implement, and maintain written standard operating procedures for sanitation (SSOP) in accordance with the following requirements.

      1. (A) The SSOP shall describe all procedures a custom processor will conduct daily, before, and during operations, sufficient to prevent direct contamination or adulteration of product(s).
      2. (B) The SSOP shall be signed and dated by the person with overall authority on-site. This signature shall signify that the establishment will implement the SSOP as specified and will maintain the SSOP in accordance with the requirements of this part. The SSOP shall be signed and dated upon initially implementing the SSOP and upon any modifications to the SSOP.
      3. (C) Procedures in the SSOP that are to be conducted prior to operations shall be identified as such, and shall address, at a minimum, the daily cleaning of food contact surfaces of facilities, equipment, and utensils.
      4. (D) The SSOP shall specify the frequency with which each procedure in the SSOP is to be conducted by the custom processor and identify the employee(s) responsible for the implementation and maintenance of such procedure(s).
      5. (E) Each custom processing establishment shall conduct the pre-operational procedures in the SSOP before the start of operations, and shall conduct all other procedures as specified in the SSOP.
      6. (F) The owner or operator of the custom processing establishment shall monitor the daily implementation of the SSOP.
      7. (G) The operator of the custom processing establishment shall evaluate the procedures contained in the SSOP to prevent direct contamination or adulteration of product(s) and shall revise the SSOP as necessary to keep the procedures effective and current with respect to changes in facilities, equipment, utensils, operations, or personnel.
      8. (H) The operator of the custom processing establishment shall take appropriate corrective action(s) when either the establishment or department representative determines that the establishment's SSOP failed to prevent direct contamination or adulteration of product(s). Corrective actions include procedures to ensure appropriate disposition of product(s) that may be contaminated, restore sanitary conditions, and prevent the recurrence of direct contamination or adulteration of product(s), including appropriate reevaluation and modification of the SSOP.
      9. (I) Each custom processing establishment shall maintain daily records sufficient to document the implementation and monitoring of the SSOP and any corrective actions taken. The establishment employee(s) specified in the SSOP shall authenticate the record with his or her initials and the date. These records shall be maintained for at least six months and made available to a department representative upon request. All such records shall be maintained at the custom processing establishment.

   4. (4) Facilities.

      1. (A) The custom processing establishment shall maintain well distributed, sufficient light of good quality, and sufficient ventilation for all rooms and compartments to ensure sanitary condition, as specified in the department's guideline titled "Construction Guide No. 1, Texas State Inspected Meat Packing Plants: A Guide to Construction and Layout," dated May 1995.
      2. (B) The guideline specified in subparagraph (A) of this paragraph is available from the Texas Department of Health, Meat Safety Assurance Division, 1100 West 49th Street, Austin, Texas 78756.
   5. (5) Drainage. The custom processing establishment shall maintain an efficient drainage and plumbing system for the establishment and premises, and all drains and gutters shall be properly installed with appropriate traps and vents. The establishment shall obtain a letter or certificate approving the sewer system from the agency having jurisdiction for sewerage treatment and disposal.

   6. (6) Water supply.

      1. (A) The water supply shall be ample, clean, and potable, with adequate facilities for its distribution in the plant and its protection against contamination and pollution. Every establishment shall make known the source of its water supply and shall afford the opportunity for inspection by a department representative of the water and storage facilities and the distribution system. Establishments using a public water supply shall obtain a letter from the servicing agent stating that the water is tested periodically to determine its potability and that the establishment is supplied water by said agency or company. Plant owners shall have the plant water supply tested annually, if using a public water supply, or semiannually if using a private water supply, and make the test reports available to the inspector. If the plant uses ice, the ice must be made with potable water meeting the requirements of this subparagraph for the water supply, including annual or semiannual testing.
      2. (B) Equipment using potable water, water faucets having an open-ended hose attached, or any other potential source of back-siphonage shall be so installed as to prevent back-siphonage into the potable water system, including installation of back-siphonage devices.
      3. (C) Nonpotable water is permitted only in those parts of official establishments where no edible product is handled or prepared.
      4. (D) Nonpotable water is not permitted for washing floors, areas, or equipment involved in trucking materials to and from edible product departments.
      5. (E) Nonpotable waterlines shall be clearly identified and shall not be cross-connected with the potable water supply unless this is necessary for fire protection and such connection is of a type with an adequate break to assure against accidental contamination, and is approved by local authorities.
      6. (F) Properly located facilities having other than hand operated faucets providing hot and cold water through a mixing valve shall be provided for cleansing and disinfecting utensils and hands of persons handling any product.
      7. (G) Hot water for cleaning rooms and equipment shall be delivered under pressure to sufficient convenient outlets and shall be of such temperature as to accomplish a thorough cleanup.
   7. (7) Construction. The floors, walls, ceilings, partitions, posts, doors, and other parts of all structures shall be of such smooth and impervious materials, construction, and finish as will make them readily and thoroughly cleanable. The rooms and compartments used for edible product shall be separate and distinct from those used for inedible product.
   8. (8) Rails. Rails should be located and passageway space provided so that carcasses do not come in contact with posts, walls, and other fixed parts of the building, or with barrels, boxes, and other containers in the holding and operating areas. Product shall not be placed or stored beneath carcasses in coolers or holding areas.

   9. (9) Protection of product.

      1. (A) Heat processed product shall be protected from contamination by raw product during preparation and storage.
      2. (B) The rooms and compartments in which any product is prepared or handled shall be free from dust and from odors from dressing and toilet rooms, catch basins, hide cellars, inedible rooms, livestock pens or any other foreign source.
   10. (10) Rodent and pest control. A rodent and pest control and surveillance program, shall be implemented to exclude flies, rats, mice, and other vermin from custom processing establishments. The use of poisons for any purpose in rooms or compartments where any carcass is stored or handled is forbidden. The use of insecticides, rodenticides, and similar pest control substances in inedible product departments, outbuildings, or similar places, or in storerooms containing canned products may be used provided they are labeled for use in areas or near areas where food is present. So-called rat viruses shall not be used in any part of an establishment or the premises of the custom processing establishments.
   11. (11) Dogs and cats not permitted. Dogs and cats shall be excluded from areas where animals are custom processed; however, guard dogs may be permitted on the outer premises for security purposes.

   12. (12) Welfare facilities and accommodations; specific requirements.

       1. (A) Adequate welfare facilities and accommodations shall be furnished for the employees of the custom processing establishments.

       2. (B) Dressing rooms, rest rooms, toilets, and urinals shall be:

          1. (i) sufficient in number, ample in size, and conveniently located;
          2. (ii) properly ventilated, and meet all requirements of the regulations in this part as to sanitary construction and equipment; and
          3. (iii) separate from the rooms and compartments in which livestock are slaughtered, dressed, stored, or handled.
       3. (C) Acceptable sinks with other than hand operated faucets, including hot and cold running water, soap, towels, and trash receptacles shall be placed in or near toilet and urinal rooms and also at such other places in the establishment to assure cleanliness of all persons handling any product.
       4. (D) Toilet soil lines shall be separate from establishment drainage lines to a point outside the building and drainage from toilet bowls and urinals shall not be discharged into a grease catch basin.

   13. (13) Equipment and utensils.

       1. (A) Equipment and utensils used for preparing or otherwise handling any edible product in any custom processing establishment shall be of such smooth and impervious material and construction as will facilitate their thorough cleaning and ensure cleanliness in the preparation and handling of all edible products to avoid adulteration of such products.
       2. (B) Scabbards and similar devices for the temporary retention of knives, steels, triers, etc., by workers and others at custom processing establishments shall be constructed of rust-resistant metal or other impervious material that may be readily cleaned, and shall be kept clean at all times.
       3. (C) When equipment or utensils proposed for use in preparing or handling product is not listed in USDA's approved equipment list, the custom processor shall demonstrate to a department representative that the equipment is easily and readily cleanable, suitable for its intended purpose, and does not cause contamination of meat or poultry products.
       4. (D) Receptacles used for handling inedible material shall be of such smooth and impervious material and construction that allows them to be easily cleaned, shall be maintained in a clean condition, and they shall be conspicuously and distinctively marked "INEDIBLE" and shall not be used for handling any edible product.
       5. (E) New or replacement equipment or machinery (including any replacement parts) brought onto the premises of any custom processing establishment shall not contain liquid polychlorinated biphenyls (PCBs) in concentrations above 50 parts per million by weight of the liquid medium. This provision applies to any and all equipment and machinery, and any replacement parts for such equipment and machinery. Totally enclosed capacitors containing less than three pounds of PCBs are exempted from this prohibition.
   14. (14) Rooms and compartments. Rooms, compartments, places, equipment, and utensils used for dressing or otherwise handling any carcass, and all other parts of the establishment, shall be kept clean and in sanitary condition. There shall be no handling or storing of materials that create an insanitary condition in rooms, compartments, or places where any meat or poultry product is prepared, or otherwise handled.

   15. (15) Operations, procedures, and clothing.

       1. (A) Operations and procedures involving preparation, storing, or handling of any product shall be strictly in accord with clean and sanitary methods prescribed in paragraph (3) of this subsection.
       2. (B) Rooms and compartments in which any product is prepared shall be kept sufficiently free of steam and vapors. Walls, ceilings, and overhead structure of rooms and compartments in which product is prepared, handled or stored shall be kept free from moisture to prevent dripping and contamination of product.
       3. (C) All tools, utensils, and equipment which become contaminated in processing carcasses or parts, shall be thoroughly cleansed and dipped in hot water having a minimum temperature of 180 degrees Fahrenheit or in a disinfectant used and prepared according to a written procedure, developed by the custom processor specifying mixing methods, concentrations, contact time, the need to rinse with clean water, and storage of mixed solutions. The use of disinfectant solutions must be safe and effective.
       4. (D) All persons that handle any product within the custom processing establishment shall keep their hands clean. All persons shall wash their hands after using toilet rooms or urinals before handling any product, tool, utensil, or equipment used in the preparation of product.
       5. (E) Aprons, frock, and other outer clothing worn by all persons that handle any product shall be of material that is readily cleansed. Clean garments shall be worn at the start of each working day and the garments shall be changed during the day as required. Clean outer garments shall be stored in a manner that protects them from contamination during storage.
       6. (F) Employees are prohibited from tobacco usage in any form and practices such as spitting on whetstones, spitting on the floor, placing skewers, tags, or knives in their mouths, and inflating casings with air from the mouth are also prohibited. Contamination of product with perspiration, hair, cosmetics, medications, and similar substances shall be prevented.
       7. (G) No person preparing or directly handling product shall exhibit evidence of a communicable disease in the transmissible stage, nor be a carrier of any disease known to be transmissible through preparation or processing of food, nor be affected with sores, infected wounds, or with any other form of microbiological contaminants wherein the contaminants may be transferred to the product being handled. .
   16. (16) Protective handling of products. Products shall be protected from contamination from any source such as dust, dirt, or insects during storage, loading, or unloading at, and transportation from, custom processing establishments.

   17. (17) Containers used for product; paper in contact with product.

       1. (A) To avoid contamination of product, containers shall be lined with suitable material of good quality before packing.
       2. (B) Containers and trucks, or other means of conveyance in which any product is transported to the owner shall be kept in a clean and sanitary condition.
       3. (C) Boxes and any containers used as tote boxes shall be clean and stored off the floor in a manner that does not interfere with good sanitation.
   18. (18) Inedible operating and storage rooms; outer premises. All operating and storage rooms and departments used for inedible materials shall be maintained in a sanitary condition. The outer premises including docks and areas where cars and vehicles are loaded, and the driveways, yards, and alleys, shall have proper drainage and be kept in clean and orderly condition. All catch basins on the premises shall be of such construction and location and shall be given such attention as will ensure their being kept in a sanitary condition as to odors and cleanliness. Catch basins shall not be located in departments where any product is prepared, handled or stored. The accumulation on the premises of any material in which flies may breed is forbidden.

   19. (19) Tagging insanitary equipment, utensils, rooms, and carcasses.

       1. (A) A department representative may attach a "Texas Rejected" tag to any equipment, utensil, room, or compartment at a custom processing establishment that a department representative determines is insanitary and is a health hazard. No equipment, utensil, room, or compartment so tagged shall again be used until untagged or released by a department representative. Such tag so attached shall not be removed by anyone other than a department representative.
       2. (B) A department representative that determines a carcass is adulterated, unfit for human food, is from an unhealthy or unsound animal, or may be a health hazard, may attach a "Texas Retained" tag to the carcass and document the reason for attaching the tag on a form specified by the department and deliver the form to the operator of the establishment. The owner of the carcass shall be notified by the plant operator and advised of the potential health risk. The custom processor shall ensure that the owner of the carcass or parts either authorizes the voluntary destruction and denaturing of the carcass and all parts or agrees to remove the carcass from the custom processing establishment. Under no circumstances may the carcass be further processed at the establishment.

   20. (20) Marking and labeling of custom prepared products.

       1. (A) Products that are custom prepared must be packaged immediately after preparation and must be labeled with the term "Not For Sale" in lettering not less than three-eighths inch in height. Such custom prepared products or their containers shall also bear the owner's name and any additional labeling such as product cut or description.

       2. (B) Safe handling instructions shall accompany every customer's raw or not fully cooked products. The information shall be in lettering no smaller than one-sixteenth of an inch in size and may be placed on each product package, each tote box or bag containing packaged product, or given as a flyer to the customer with the product. The safe handling instructions shall include the following statements.

          1. (i) The rationale statement, i.e. "Some meat and meat products may contain bacteria that could cause illness if the product is mishandled or cooked improperly. For your protection, follow these safe handling instructions" shall be placed immediately after the heading and before the safe handling statements.
          2. (ii) Meat and poultry must be kept refrigerated or frozen. Thaw in refrigerator or microwave. However, 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 may be displayed next to this statement.
          3. (iii) Raw meat and poultry must be kept 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 may be displayed next to this statement.
          4. (iv) Meat and poultry must be cooked thoroughly. Ground meat products should be cooked to an internal temperature of 160 degrees Fahrenheit or until the juices run clear. Other meat products should be cooked so that the external temperature reaches 160 degrees Fahrenheit. A graphic illustration of a skillet may be displayed next to this statement.
          5. (v) Hot foods must be kept hot. Refrigerate leftovers immediately or discard. A graphic illustration of a thermometer may be displayed next to the statement.

   21. (21) Requirements concerning procedures.

       1. (A) Uninspected heads from custom slaughtered animals may not be sold or used in the preparation of meat food products unless prepared specifically for the owner of the animal for his personal use.
       2. (B) Heads for use in the preparation of meat food products shall be split and the bodies of the teeth, the turbinates and ethmoid bones, ear tubes, and horn butts removed, and the heads then thoroughly cleaned.
       3. (C) Bones and parts of bones shall be removed from product which is intended for chopping or grinding.
       4. (D) Kidneys for use in the preparation of meat food products shall first be freely sectioned and then thoroughly soaked and washed.
       5. (E) Clotted blood shall be removed from livestock hearts before they are used in the preparation of meat food products.
       6. (F) Product shall not be adulterated as defined in §221.12(b)(2) of this title when placed in coolers or freezers.
       7. (G) Frozen product may be defrosted in water or pickle in a manner that is not conducive to promoting bacterial growth or resulting in adulteration of the product.

   22. (22) Requirements concerning ingredients.

       1. (A) All ingredients and other articles used in the preparation of any product shall be clean, sound, healthful, wholesome, and otherwise such as to not result in adulteration of product. A letter of guaranty from the manufacturer stating that the ingredient or article is safe when used as an ingredient or in contact with food shall be obtained by the custom processor and made available upon request to the department representative.
       2. (B) Ingredients for use in any product may not contain any pesticide chemical or other residues in excess of levels permitted under the Federal Food, Drug, and Cosmetic Act.

   23. (23) Approval of substances for use.

       1. (A) No substance may be used in the preparation of any product unless it is an FDA approved food additive
       2. (B) No product shall contain any substance which would render it adulterated.

       3. (C) Nitrates shall not be used in curing bacon.

          1. (i) Nitrites in the form of sodium nitrite may be used at 120 parts per million (ppm) ingoing (or in the form of potassium nitrite at 148 ppm ingoing) maximum for injected, massaged, or immersion cured bacon; and 550 ppm of sodium ascorbate or sodium erythorbate (isoascorbate) for injected, massaged, or immersion cured bacon shall be used.
          2. (ii) Sodium or potassium nitrite may be used at 2 pounds to 100 gallons pickle at 10% pump level; 1 ounce to 100 pounds meat (dry cure).
          3. (iii) Sodium ascorbate or sodium erythorbate (isoascorbate) may be used at 87.5 ounces to 100 gallons pickle at 10% pump level; 7/8 ounces to 100 pounds meat; or 10% solution to surfaces of cut meat.
          4. (iv) Sodium nitrite shall not exceed 200 ppm ingoing or an equivalent amount of potassium nitrite (246 ppm ingoing) in dry cured bacon based on the actual or estimated skin-free green weight of the bacon belly.

       4. (D) When curing products other than bacon, nitrites, nitrates, or combination shall not result in more than 200 ppm of nitrite in the finished product.

          1. (i) Sodium or potassium nitrite may be used at 2 pounds to 100 gallons pickle at 10% pump level; 1 ounce to 100 pounds meat (dry cure); or 1/4 ounce to 100 pounds chopped meat and/or meat byproduct.
          2. (ii) Sodium or potassium nitrate may be used at 7 pounds to 100 gallons pickle; 3 1/2 ounce to 100 pounds meat (dry cure); or 2 3/4 ounce to 100 pounds chopped meat. (Nitrates may not be used in bacon).

   24. (24) Prescribed treatment of heat-treated meat and poultry products.

       1. (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.

       2. (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.

          1. (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
             
          2. (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
             

          3. (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 Service (FSIS) Directive 7110.3, Time/Temperature Guidelines for Cooling Heated Products.

             1. (I) The FSIS Directive 7110.3 may be reviewed at the department's central headquarters, Meat Safety Assurance Division, 1100 West 49th Street, Austin, Texas 78756, or any department Regional Meat Safety Assurance Division Office or upon request from the department Meat Safety Assurance inspector.
             2. (II) Copies of the FSIS Directive 7110.3 may be purchased from the Scientific Services, Meat and Poultry Inspection, Food Safety and Inspection Service, U.S. Department of Agriculture, Washington, D.C. 20250.
          4. (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.
          5. (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.
       3. (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.
   25. (25) 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.

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.