TITLE 25.HEALTH SERVICES

Part 1. TEXAS DEPARTMENT OF HEALTH

Chapter 221. MEAT SAFETY ASSURANCE

Subchapter B. MEAT AND POULTRY INSPECTION

25 TAC §§221.11 - 221.15

The Texas Department of Health (department) adopts amendments to existing §§221.11 - 221.14, and new §221.15 concerning meat and poultry inspection. Sections 221.11 - 221.12, and 221.15 are being adopted with changes to the proposed text as published in the January 28, 2000, issue of the Texas Register (25 TexReg 519), as the result of comments received during the 30 day comment period. Sections 221.13-221.14 are adopted without changes, and therefore will not be republished.

The changes to §§221.11 - 221.14 include new definitions to facilitate understanding of proposed new §221.15, establish the relationship between United States Department of Agriculture (USDA) officials and department officials, and incorporate new provisions required by HB 1145 as passed by the 75th Legislature. Other changes are proposed to clarify intent and to be consistent with changes in USDA regulations.

Pursuant to the Government Code, §2001.039, each state agency is required to review and consider for readoption, each rule adopted by that agency. The sections have been reviewed and the department has determined that reasons for adopting the sections continued to exist.

The department published a Notice of Intention to Review for §§221.11 - 221.14 as required by Government Code, §2001.029 in the Texas Register on December 17, 1999, (24 TexReg 11542). No comments were received due to publication of this notice.

The following comment was received from the Texas Restaurant Association concerning the proposed sections. Following the comment is the department's response and any resulting change(s).

Comment: Concerning §221.11(a)(18), one commenter expressed concern that the requirement that products prepared from bison must contain the words "bison meat" and those prepared from buffalo meat contain the words "water buffalo meat" would be interpreted to mean that restaurants must include the statements on menus. H.B. 1145 states that the provision requiring labeling or signage applies only to bison or buffalo offered for sale at wholesale or at a retail store.

Response: The department agrees that, as proposed, the rules may be interpreted so as to be applicable to restaurants; that was not the intent of the legislation. Wording has been changed to clarify that the provision does not apply to restaurant menus or signs.

The department is making the following changes to clarify the intent and improve the accuracy of the sections.

Change: Concerning §221.12, typographical errors were made omitting hyphens between certain words and their definitions. Hyphens have been added in the definitions in §221.12(b)(5), (7), and (26).

Change: The staff recommendations include deleting the word "approved" preceding procedure describing chemical sterilization in §221.15(d)(1)(C); changing hunter to shooter in §221.15(d)(2)(B); deleting the phrase "begin at the hind legs and" in §221.15(d)(4)(B); and deleting the sentence "The inspector-in-charge shall make a final inspection prior to final rinse" in §221.15(e)(6)(B). The department no longer approves procedures, but rather verifies effectiveness of procedures as implemented by the establishments; shooter more accurately describes the person referred to; the department does not want to prescribe how to skin a carcass as long as the procedure is sanitary; the division responsible for inspection should be allowed to develop policy regarding the specifics of performing inspection procedures.

The amendments and new section are adopted under the Health and Safety Code, §433.008, which provides the commissioner of health with the authority to adopt necessary regulations pursuant to the enforcement of Chapter 433; and §12.001, which provides the Texas Board of Health (board) with the authority to adopt rules for the performance of every duty imposed by law on the board, the department, and the commissioner of health; and Government Code, §2001.039 is implemented by this adoption.

§221.11.Federal Regulations on Meat and Poultry Inspection.

(a)

The Texas Department of Health (TDH) adopts by reference the following federal requirements in the Code of Federal Regulations (CFR), as amended:

(1)

9 CFR, Part 301, "Definitions";

(2)

9 CFR, Part 303, except 303.1(a) and (b), "Exemptions";

(3)

9 CFR, Part 304, "Application for inspection; grant or refusal of inspection";

(4)

9 CFR, Part 305, "Official numbers; inauguration of inspection; withdrawal of inspection; reports of violation";

(5)

9 CFR, Part 306, "Assignment and authorities of program employees";

(6)

9 CFR, Part 307, "Facilities for inspection";

(7)

9 CFR, Part 308, "Sanitation";

(8)

9 CFR, Part 309, "Ante-mortem inspection";

(9)

9 CFR, Part 310, "Post-mortem inspection";

(10)

9 CFR, Part 311, "Disposal of diseased or otherwise adulterated carcasses and parts";

(11)

9 CFR, Part 312, "Official marks, devices, and certificates";

(12)

9 CFR, Part 313, "Humane slaughter of livestock";

(13)

9 CFR, Part 314, "Handling and disposal of condemned or other inedible products at official establishments";

(14)

9 CFR, Part 315, "Rendering or other disposal of carcasses and parts passed for cooking";

(15)

9 CFR, Part 316, "Marking products and their containers";

(16)

9 CFR, Part 317, "Labeling marking devices, and containers";

(17)

9 CFR, Part 318, "Entry into official establishments; reinspection and preparation of products";

(18)

9 CFR, Part 319, "Definitions and standards of identity or composition", TDH adds the following requirements, which shall apply except in the case of restaurant menus and signs.

(A)

The label of products prepared from bison meat must contain the words "bison meat," "North American bison meat" or "Native American bison meat".

(B)

The label of products prepared from buffalo meat must contain the words "water buffalo meat," or "Asian buffalo meat".

(19)

9 CFR, Part 320, "Records, registration, and reports";

(20)

9 CFR, Part 321, "Cooperation with States and territories";

(21)

9 CFR, Part 322, "Exports";

(22)

9 CFR, Part 325, "Transportation";

(23)

9 CFR, Part 327, "Imported products";

(24)

9 CFR, Part 329, "Detention; seizure and condemnation; criminal offenses";

(25)

9 CFR, Part 331, "Special provisions for designated States and Territories; and for designation of establishments which endanger public health and for such designated establishments";

(26)

9 CFR, Part 335, "Rules of practice governing proceedings under the Federal Meat Inspection Act";

(27)

9 CFR, Part 350, "Special services relation to meat and other products";

(28)

9 CFR, Part 352, "Exotic animals; voluntary inspection";

(29)

9 CFR, Part 354, "Voluntary inspection of rabbits and edible products thereof";

(30)

9 CFR, Part 355, "Certified products for dogs, cats and other carnivora; inspection, certification, and identification as to class, quality, quantity, and condition";

(31)

9 CFR, Part 362, "Voluntary poultry inspection regulations";

(32)

9 CFR, Part 381, "Poultry products inspection regulation", except §381.10(a)(3) through §381.10(c);

(33)

9 CFR, Part 416, "Sanitation"; and

(34)

9 CFR, Part 417, "Hazard Analysis and Critical Control Point (HACCP) Systems."

(b)

Copies of these regulations are indexed and filed in the Meat Safety Assurance Division, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756 and are available for public inspection during regular working hours.

§221.12.Meat and Poultry Inspection.

(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.

(b)

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

(1)

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

(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 Texas Meat and Poultry Inspection Act but are not amenable to inspection under the federal meat and poultry inspection acts.

(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 woods 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 meat or flesh of a buffalo.

(8)

Change in ownership--

(A)

A change in the business organization operating the business which changes the legal entity responsible for operation of the business; or

(B)

any change in control of the business; or

(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.

(9)

Commissioner--Commissioner of Health. The term secretary when used in 9 CFR, for the purposes of this subchapter, shall mean commissioner.

(10)

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.

(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.

(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.

(13)

Department--Texas Department of Health.

(14)

Director-- Meat Safety Assurance Division Director. The term Administrator, when used in 9 CFR, Parts 301-417, for the purpose of this section, shall mean director.

(15)

Exotic animal--A member of a species of game not indigenous to this state, including an axis deer, nilgai antelope, or other cloven hoofed ruminant animal.

(16)

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).

(17)

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."

(18)

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.

(19)

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.

(20)

Grant of inspection--An authorization from the department to engage in a business subject to inspection under the Act.

(21)

Grant of poultry/rabbit exemption--An authorization from the department to engage in a very low volume business of slaughtering and processing poultry or rabbits of his/her own raising on his/her own property and personally distributing the carcasses and/or parts, provided that the following conditions are met:

(A)

the person slaughters 1000 but not more than 10,000 birds or rabbits in a calendar year;

(B)

the person does not buy and sell other poultry products (except live chicks);

(C)

only sound healthy poultry or rabbit are slaughtered and all processes and handling are conducted under sanitary standards and procedures resulting in poultry and rabbit products that are not adulterated;

(D)

the product bears the processor's name and address and the statement "Exempted P.L. 90-492"; and

(E)

the poultry is not a ratite.

(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)

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

(25)

Poultry--A live or dead domesticated bird.

(26)

Ratite -- Poultry such as ostrich, emus, or rhea.

(c)

Grant of inspection, custom exemption, and/or poultry/rabbit exemption.

(1)

Basic requirements.

(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 as adopted by the department, and these sections, and has obtained the appropriate grant of inspection, custom exemption, and/or poultry/rabbit exemption issued by the department.

(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.

(C)

A person shall 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 these sections, and has obtained a grant of poultry/rabbit exemption issued by the department.

(2)

Application. To apply for a grant of inspection, custom exemption, and/or poultry/rabbit 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)

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 (6) of this subsection.

(4)

Nontransferability. A grant of inspection and/or custom exemption is not transferable to another person.

(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)

Denial, suspension and revocation.

(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.

(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.

(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).

(d)

Special fees for inspection services.

(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)

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)

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.

§221.15.Inspection of Alternate Source Food Animals.

(a)

Requirements. Specific requirements of this section shall be in addition to those required by the rules adopted for inspection of livestock, under the Texas Meat and Poultry Inspection Act, and federal regulations as listed in §221.11 of this title (relating to Federal Regulations on Meat and Poultry Inspection).

(b)

Fees. Fees shall be assessed in one-half hour increments for inspection services, provided by a department Meat Safety Assurance Division (MSA) inspector to a facility holding a grant of inspection, as specified in §221.12(d) of this title (relating to Meat and Poultry Inspection). Failure of a grant holder to promptly pay invoices will result in cessation of overtime inspection services. Inspection time includes, but is not limited to:

(1)

the MSA inspector?s time in the field during a hunt;

(2)

the MSA inspector?s time spent completing inspection records;

(3)

the MSA inspector?s time spent waiting for any purpose to facilitate the processor;

(4)

the MSA inspector?s time for travel between hunt sites; and

(5)

the MSA inspector?s time for travel from the inspector?s official duty location to the field site and return.

(c)

Sanitary dressing procedures. The following are general guidelines of sanitary dressing applicable to all species of livestock slaughtered.

(1)

The person performing slaughter operations must not permit any contamination of edible portions of the carcass with materials such as feces, urine, hair, ingesta, milk, bile, pathological tissues and exudates, and other filth. All controls of slaughter and dressing procedures must be aimed at accomplishing this purpose.

(2)

Slaughter operations must be conducted in a manner that precludes contamination, i.e., adequate separation of carcasses, parts, and viscera during dressing; routine cleaning and disinfection of certain equipment and hand tools; design and arrangement of equipment to prevent the contact of successive carcasses and parts; and appropriately located, functional lavatories and disinfection units.

(3)

In the event that contamination does occur, it must be handled promptly and in a manner that ensures adequate protection to the remaining product. Contamination with feces, milk, pus, or pathological tissue or exudate must be promptly removed by trimming. Removal must be complete. Enough tissue must be removed so only clean meat remains. Scraping with the edge or back of a knife, wiping with a cloth or towel, or the use of a water spray are unacceptable procedures for removal of this type of contamination.

(d)

Exotic animal.

(1)

Sanitation. All slaughter operations, including field slaughter, are to be conducted in a way that precludes contamination. The following conditions, as a minimum, shall be met.

(A)

The slaughter facility or mobile slaughter unit shall be constructed of smooth and impervious material capable of being thoroughly cleaned and sanitized prior to commencing operations and must be so maintained.

(B)

Only potable water shall be used in conjunction with exotic animal slaughter procedures. Water from private water wells shall be tested for potability by an approved laboratory within six months prior to use. Water from portable water tanks shall be tested by an approved laboratory every six months to determine that potable water remains potable after being in the portable tanks. Results of such testing shall be made available to the TDH inspector.

(C)

Hot water at a minimum of 180 degrees Fahrenheit is required on the skinning/evisceration floor for equipment and unit sanitization during pre-operational and operational sanitation procedures. For emergency situations involving loss of unit power, a procedure should be available for utilizing chemical sanitization in lieu of hot water for sanitization during the remaining period of the hunt.

(D)

Mobile as well as fixed slaughter units shall provide adequate measures to control flies, other insects, and dust.

(E)

A sufficient number of inedible barrels must be available during each harvest. Barrels shall be marked "INEDIBLE" in letters at least two inches high. An adequate amount of denaturant will be used on all products placed in the "INEDIBLE" barrels.

(2)

Ante-mortem procedures.

(A)

The producer must certify by completing and signing form MSA-71, Microchip Certification and Drug Advisory For Alternate Food Animal Species, whether the animal(s) have been identified with a microchip device.

(B)

For mobile slaughter, the assigned inspector will accompany the vehicle carrying the shooter for the purpose of performing ante-mortem inspection to assure that the animals being harvested appear healthy. Once an animal has been shot, the animal will be bled as soon as possible in the field with a properly sanitized knife.

(C)

For field slaughter, the inspector shall designate the number of animals that may be slaughtered before it is necessary to return to the mobile slaughter unit for skinning and eviscerating. The time lapse will depend on several factors such as environmental temperature and the anatomical site of bullet entry. High environmental temperature may shorten the time lapse prior to dressing, as dressing must begin before the abdomen of the carcass becomes distended due to intestinal gas formation. The TDH inspector has the final decision in determining the actual time allowed between bleeding and skinning; however, a two and one half hour time lapse shall not be exceeded.

(3)

Post-mortem procedures.

(A)

The vehicle used for transporting the slaughtered exotic animals shall be clean prior to use and shall be cleaned as needed, during the operation.

(B)

Dressing procedures are to begin at the slaughter unit as soon as practical after slaughter.

(C)

Heads from animals slaughtered by gunshot to the head shall not be used for food purposes. Such heads shall be denatured and placed into inedible containers.

(D)

In the event that an animal is shot in an area other than the head, the resulting wound area and/or bruised areas must be trimmed of all contamination.

(E)

The dressing of any animal whether it be the removal of a foot, head, or any part is strictly forbidden in any area other than inside the slaughter unit, regardless of the size of the animal. However, the removal of the antlers only is permitted prior to entering the slaughter facility.

(4)

Dressing procedures.

(A)

It is imperative that persons butchering an animal keep their hands as clean as possible; adequate facilities for washing hands must be readily accessible.

(B)

Skinning operations must be conducted in a sanitary manner.

(C)

As the pelt is removed, care must be taken to prevent contamination of the carcass by dirty hands, knife or pelt.

(D)

If a pelt puller is used in such a manner that the carcass is raised to a horizontal position, the carcasses of the female animals must be checked closely for urine leakage.

(E)

Scalping is done after the pelt is loosened from the carcass. Heads that the establishment elects not to scalp must remain with the carcass until inspection is completed. Nasal and oral cavities should be flushed before heads are placed on inspection tables.

(F)

Overall washing of carcasses should be accomplished before any openings are made for inspection or evisceration. The washer should take care to prevent filling the rectum with water during washing operations.

(G)

The knife or other instrument used to open the breast must be disinfected after each use.

(H)

The bung is not to be dropped until washing is completed. After opening the pelvic area, the neck of the bladder and the dropped bung should be grasped firmly and held until they clear the body cavity.

(I)

Evisceration must be accomplished in a manner that precludes contamination of the carcass with contents from the bladder or intestine; viscera is to be placed in an inspection pan.

(J)

If intestines are to be saved, contamination should be prevented by stripping and/or tying between the large and small intestine before removing from the table and sending to the next station.

(5)

Processing. Processing of carcasses shall be conducted in a manner and location that complies with requirements for processing all livestock carcasses, including the provisions adopted under §221.11 of this title.

(e)

Ratites.

(1)

Purpose. Meat from ratites (ostrich, emu, and rhea) is becoming a popular alternate meat food source. It is essential in the public interest that the health and welfare of consumers be protected by assuring that meat and meat food products derived from ratites are wholesome, unadulterated, properly marked, labeled, and packaged. It is also essential to ensure that the preparation of ratite bird meat and meat food products does not result in adulteration of other meat and meat food products that may be produced at the same establishment. Specific requirements of this subsection shall be in addition to those already required by the Texas Meat and Poultry Inspection Act and other parts of this subchapter.

(2)

Facilities.

(A)

Ante-mortem facilities shall be furnished as required to provide for adequate inspection of the birds, at rest and in motion. An adequate suspect pen shall be furnished as required.

(B)

A separate pre-evisceration area equipped with an exhaust fan will be available for operations described in subparagraph (4) of this subsection (related to Slaughter procedures -- pre-evisceration).

(C)

Slaughter facilities shall be provided which allow humane slaughter and production of a wholesome product. It shall meet the standards as set forth by the Act and by the regulations.

(D)

Rails shall be of sufficient height to allow dressing to be accomplished without causing contamination of the carcass.

(3)

Ante-mortem procedures.

(A)

Microchip certification. The producer must certify by completing and signing form MSA-71, Drug Certification For Exotic Game and Alternative Species Animals, whether the bird(s) had been identified by use of a microchip device and state the location of the chip implant. The producer must also certify whether the previous owner used a microchip implant for identification and state the location of the implant.

(B)

Ante-mortem inspection. The bird shall be observed at rest and in motion to ascertain that no abnormal conditions exist. Some examples of abnormal conditions are:

(i)

loose stools characterized by excessive fecal stains around the vent and/or a pasty vent;

(ii)

bloody diarrhea;

(iii)

regurgitation of food;

(iv)

disinclination to rise from sternal recumbency; and

(v)

weight loss, particularly notable over back and thighs.

(4)

Slaughter procedures - pre-evisceration.

(A)

Stunning and bleeding. The bird shall be rendered unconscious by an electrical stunner, a captive bolt device, or other humane method; hobbled/shackled prior to or after stunning; and hoisted from a designated dry landing area, by one or both legs. A cut shall be made through the thoracic inlet to sever the heart and/or major arteries and veins exiting the heart to ensure complete bleeding. Because of the peculiar external fat layer of emus, immediate removal of the head may be an acceptable alternative to severing the heart and/or major arteries and veins exiting the heart. The removed head shall be presented for inspection.

(B)

Air injection. To facilitate feather and skin removal after the bird has bled thoroughly, an approved filtered air injection system may be used to inject air via needle beneath the skin.

(C)

De-feathering. Feathers are removed and collected in an acceptable container. Wing tips and tail set may be removed to facilitate complete feather removal.

(5)

Slaughter procedures - skinning and evisceration. De-feathered carcasses are transferred to the evisceration area. If the operator also works in the pre-evisceration area, the operator's hands, arms and apron must be washed to remove dust and dander prior to beginning the skinning and evisceration operations.

(A)

Head removal. If the head was not removed immediately after stunning, the head should be removed by cutting the skin of neck to expose the esophagus and trachea. The esophagus is loosened from the neck, cut at the head, stripped and tied. If the head was removed immediately after slaughter, the esophagus should be exposed, stripped from the neck and tied. When the breast plate is removed to facilitate evisceration, tying the esophagus may not be required. The head and trachea shall be removed from the neck and presented for inspection.

(B)

Feet (toes) removal. The feet/toes shall be removed prior to proceeding with the skinning operations. Using a gambrel for hanging the carcass by both legs will reduce the possibility of the ligaments tearing and the carcass falling to the ground. A sanitized chain may be attached proximal to the hock joint and attached to a hook for hanging the carcass.

(C)

Venting/bunging. The vent shall be excised, taking care to prevent contamination from cloacal material. After the attachments to the vent are loosened, the vent shall be drawn from the carcass and encased in a plastic bag and tied.

(D)

Skinning. Skinning shall be done in a manner that does not result in carcass contamination. "Fisting" or "knuckling" whereby the skin is removed leaving the fat attached to the carcass to be removed in a second step, does not provide a sanitary dressing procedure.

(E)

Neck removal. If the length of the neck causes its contamination by touching the floor it shall be removed. The neck is to be identified appropriately with the carcass.

(F)

Evisceration. Evisceration and pluck removal shall be accomplished in such a manner as not to cause contamination of any part of the carcass.

(6)

Post-mortem inspection. Each carcass and all parts thereof (except feathers and toes), and accompanying viscera, shall be presented for inspection. Any carcass or viscera exhibiting physiological or pathological (disease) characteristics shall be tagged "Texas Retained" and held for inspection by a MSA veterinarian.

(A)

Microchip implants. Birds that have been identified with microchip implants must have all implanted chips removed in toto. If a chip cannot be located, the entire part where the chip was implanted will be condemned and placed in an acceptable container marked "condemned". This condemned part may not be allowed to enter normal rendering operations unless assurance is made that the part will not be used in processing animal foods.

(B)

Final trim and rinse. The carcass shall first be trimmed of all visible contamination and then thoroughly rinsed with potable water. Trimmed parts including external fat containing pin feathers or feather quills shall be placed in acceptable containers marked "inedible". The permit for transport to the rendering facility may be issued by the region. The passed carcass shall be stamped with the approved Texas Inspected and Passed brand bearing the appropriate "V" and number.

(7)

Pathological conditions.

(A)

The following abnormalities may be suggestive of pathological conditions:

(i)

low body fat - may indicate septicemia;

(ii)

thickening or granulomatous lungs - may indicate air sacculitis;

(iii)

thickening of intestine, enlargement of spleen, miliary pattern of liver - may suggest tuberculosis; or

(iv)

splenomegaly - any swelling of the spleen may suggest a pathological condition.

(B)

The following may also suggest pathological conditions:

(i)

hemorrhagic changes in the intestinal tract;

(ii)

petechial to ecchymotic hemorrhages on serosal aspect of the intestine;

(iii)

intestinal lumen devoid of digesta, but containing serosanguinous fluid;

(iv)

subcapsular hepatic hemorrhage;

(v)

ecchymotic hemorrhage of epicardium and/or endocardium;

(vi)

hemoperitoneum;

(vii)

weight loss, particularly notable over back and thighs;

(viii)

depressed attitude; or

(ix)

swelling of one or more joints.

(8)

Temperature and chilling requirements. Ratites slaughtered and prepared in official establishments are to be chilled in accordance with 9 CFR, Chapter III, Subchapter C, §381.66, MPI Regulations. Specifically, the internal temperature of the carcasses shall be reduced to 40 degrees Fahrenheit or less within 16 hours by air chilling.

(f)

Rabbits. See 9 CFR, Part 354, as adopted by §221.11 of this title.

(g)

Migratory water fowl, game birds, squab. See 9 CFR, Part 362, as adopted by §221.11 of this title.

(h)

Certified products for dogs, cats, and other carnivora. See 9 CFR, Part 355, as adopted by §221.11 of this title.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on June 1, 2000.

TRD-200003884

Susan K. Steeg

General Counsel

Texas Department of Health

Effective date: June 21, 2000

Proposal publication date: January 28, 2000

For further information, please call: (512) 458-7236