1. (a) In addition to the definitions set out in the Texas Agriculture Code, Chapter 165 and Chapter 35, Subchapter B of this title (relating to Eradication of Brucellosis in Swine) and Chapter 55 of this title (relating to Swine), the following words and terms, when used in this subsection, shall have the following meanings, unless the context clearly indicates otherwise:

   1. (1) Garbage--Includes all of the refuse matter, animal or vegetable, and all putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of foods containing animal carcasses or parts thereof, and all waste material by-products of a restaurant, kitchen, cookery, or slaughter house, and every refuse accumulation of animal or vegetable matter, liquid or otherwise.
   2. (2) Person--Includes any individual, partnership, association, corporation, company, joint stock association, governmental subdivision, public or private organization of any character, body politic or any organized group of persons, whether incorporated or not; including any trustee, receiver, assignee, or similar representative thereof.

2. (b) General Provisions.

   1. (1) Each location where garbage is fed to swine shall be registered with the Commission.
   2. (2) Registered locations shall be issued a permit.
   3. (3) Feral swine shall not be fed on the premises of a registered location.
   4. (4) Prior to registration/re-registration approval, a brucellosis and pseudorabies negative test may be required on all breeding swine based on the outcome of a disease risk analysis of the herd. Tests for other diseases may be conducted on the samples collected for registration approval or renewal.
   5. (5) An annual disease risk analysis shall be conducted by a state or federal inspector on each registered location.

3. (c) Garbage feeding permit.

   1. (1) Permits are valid for:

      1. (A) a two year period from the date of issuance.
      2. (B) the approved cooking facility and the person issued the permit. Changes to the cooking facility may require acquisition of a new permit.
   2. (2) Present permit holders will be allowed 60 days from the effective date of these rules to comply with these rules and regulations for the feeding of garbage.

   3. (3) Application. Application for a new permit shall be submitted on a form prescribed by the Commission providing at least the following information:

      1. (A) Name, address and telephone number of applicant;
      2. (B) Physical location of the garbage feeding facility;
      3. (C) Type of garbage to be fed and source(s) of garbage received;
      4. (D) A schedule for cooking garbage reflecting days and times of day that the cooker will be in operation. Any change in the schedule must be provided in writing to the Texas Animal Health Commission representative in charge of the local area.

   4. (4) Renewal.

      1. (A) A disease risk analysis shall be conducted on each registered location 30-60 days prior to expiration of the permit.
      2. (B) If a properly completed application for the renewal of a permit is not made between 30-60 days prior to its expiration, the permit will terminate at the end of its stated term.
      3. (C) An extension of the permit expiration date may be provided pending completion of the disease risk analysis and any required testing resulting from the analysis.

4. (d) Inspection authority.

   1. (1) For the purpose of inspection, examination, or sampling, Commission representatives are entitled to enter at reasonable hours any building or place owned, controlled, or operated by a permitted person if from probable cause it appears that the building or place is in the business of feeding garbage to swine.
   2. (2) A commission representative shall perform inspections of applicants for registration at a time when normal feeding, record keeping and cooking activities can be observed.

5. (e) Facilities.

   1. (1) Cooking Equipment Requirements.

      1. (A) The cooker must be sheltered by a roof adequate for protection in inclement weather. (This requirement does not apply to a steam cooker.)
      2. (B) Cooking on a kitchen or restaurant stove is prohibited.
      3. (C) The cooker shall be separated from any feeding area by a hog tight fence. The cooker shall be located in an area not accessible to swine, other livestock or poultry.
      4. (D) Vats or containers shall be large enough to ensure that contents will not boil over during heat treatment.
      5. (E) Cookers must have a hinged lid and the lid shall be made of solid material to prevent leakage and shall be constructed so that water of condensation returns to the garbage rather than escape.

   2. (2) Feeding Facilities.

      1. (A) Garbage shall not be fed on the ground.
      2. (B) If feeding platforms are used, there must be watertight platform space of at least three square feet for each hog to be fed.
      3. (C) If troughs are used, at least one linear foot must be supplied for each hog to be fed.

6. (f) Cooking Requirements.

   1. (1) A constant and uniform heat source is required. An adequate fuel supply must be available and apparent at all times.
   2. (2) Garbage shall be cooked within 24 hours from time of arrival at cooking area.
   3. (3) All cooking operations shall be conducted in a clean and sanitary manner.
   4. (4) All garbage, regardless of previous processing, shall be heated throughout to the boiling point and boiled for at least 30 minutes before the garbage is fed. This procedure may be varied only upon express, written permission from the executive director.
7. (g) Records. The permit holder shall maintain a daily log reflecting the amount of garbage collected, the sources of such garbage, the date and time of day it was cooked and the length of time cooked at boiling. A copy of the log shall be provided to a commission representative upon request.

8. (h) Sanitation.

   1. (1) Water.

      1. (A) There shall be a sufficient supply of water for cleaning.
      2. (B) There shall be a sufficient supply of clean water available for swine to drink at all times.
      3. (C) Shelters and feeding areas shall be constructed to provide for satisfactory drainage.

   2. (2) Rodent and Pest Control.

      1. (A) Effective fly and rodent control measures shall be used.
      2. (B) Containers used to transport or store garbage shall be closed and sufficiently sealed to prevent access by rodents or insects. These containers shall be kept clean and free from accumulations of grease or foreign matter.
   3. (3) In order to prevent the drainage of fluids from the cooking area into hog pens, adequate drainage shall be installed and maintained.
   4. (4) Excess garbage shall be removed from the premises, and is not to remain on the premises over 36 hours. Unused, excess, or spoiled garbage shall be buried or burned and shall under no circumstances be poured or dumped in the feeding or cooking area.
   5. (5) Containers, equipment (including clothing), and personnel used in the handling of raw garbage should not come in contact with the swine or swine feeding area. At no time shall food wastes, rubbish, boxes, crates, or salvage material be allowed to accumulate in the cooking area.
   6. (6) Raw garbage must not be transported through the swine feeding or holding areas in order to reach the cooker.
   7. (7) Dead animals shall be removed from the registered location premises promptly and disposed of in accordance with local ordinances.

9. (i) Violations and Penalties. In addition to any other violations that may arise under the act or this chapter:

   1. (1) It is a violation for any person to falsify an application.
   2. (2) Any violation of these rules is subject to administrative, civil or criminal penalties. In addition, the agency may annul or deny renewal of a permit, and/or assess administrative penalties against any person for a violation of these rules.
10. (j) Expiration Provision. Unless specifically acted upon by amendment or repeal and substitution of a new section or sections in accordance with the Texas Government Code Annotated, §§2001.021-2001.038 (Vernon 1996) or specific reactivation by the commission, all of the sections in this chapter shall expire on August 31, 2005.

Source Note:The provisions of this §55.3 adopted to be effective January 12, 2000, 25 TexReg 78.