AUSTIN,~.TEXAU

November 25, 1959

J. E. Peavy, M. D. OpinionNo. WW-747 Commissioner of Health State Departmen,;

of Health Re: Questions relating to Austin, Texas

Dear Dr. Peavy: the program of meat inspection under the provisions of the Meat Inspection Law, Article 4476-3, Vernon's Civil Statutes.

You have requested an opinion of this office on seven questions relative to the legality of a meat inspection program contemplated by your department. Each question will be stated and answered individually.

Question No. 1: "Woulda City passing an orc?lnance as outlined in Section 12 of the Meat InspectionLaw and providing the necessary facilities for inspectionbe required to include noultryand rabbits as a of thei~r

meat inspectionprogram? Fart

Section 3, Article 4476-3, Vernon's Civil Statutes, as amended by Acts 55th Legislature 1957, chapter 32, page 68, provides in part as follows:

"(a) Meat Product: Any edible part of the carcass of any cattle, calf, sheep, swine, goat, poultry, or domestic rabbit which is not manufactured, cured, smoked, processed, or otherwise treated. As used in this Act, the word 'poultry'means any slaughtered domesticated bird or commercially-producedgame bird.
"(b) Meat Food Product: Any article of food or any article which enters into the composition of food for human consumption,which is derived or prepared inwhole or in part from any portion of the carcass of any cattle, calf, sheep, swi~~ne,

goat, poultry, or domestic rabbit, if such portjon is all or a considerableand definite portion of the article, except suchJ. E. Peavy,M.D., page 2 (WW-747)

articles as organotherapeuticsubstance, meat juice,meat extract, and the like, which are only for medicinal purposes and are advertised only to the medical profession.
"(c) Meat and Products: Carcass, parts of carcass,meat, products, focd products,meat products,and meat food products, of or derived from cattle, calf sheep, swine, goats, poultry,and domestic rabbits, which $re capable of being used as food by man. Section 12,Article 4476-3, Vernon's Civil Statutes, provides:
"Thegoverning body of any city in the

State of Texas may make mandatory the provisions of this Act and the inspectionand labeling of meat and meat food products produced, sold, or offered for sale within their respective jurisdictionsby adopting any ordinance to that effect and by providing the necessary facilities for inspectionand for the enforcement of this Act.
"Any city adopting any specificationsand regulations as a basis for issuing any permit for the use of the 'TexasState ApprovedMeat for Human Food' label on meat and meat food products shall be governed by the specificationsand regulations promulgatedby the State Board of Health as herein authorized."

It is'the opinion of this Department that a city passing an ordinanceas outlined in Section 12, Article 4476-3, Vernon's Cfvll Statutes, would be required to include poultryand domestic rabbits as a part of their meat inSpeCtion program, along with cattle, calves, sheep, swine and

as set out in Subsections (a), (b)and (c), Section ;ya%icle 4476-3, quoted above.

QuestionNo. 2: "In the event of development of the programas described above,who (themunicipality in question
or the State)would issue and revokeJ. E. Peavy, M.D., page 3 (W-747)

permits for the use of Texas State Approved labels?” Section,5 of Article 4476-3,Vernon’s Civil Statutes, provides:

“Themeat inspectionprovidedby this Act shall be under the supervisionof the State Health Officer of the State of Texas.”
Section 13, Article 4476-3 ofVernon’s Civil Statutes, reads as follows:

“Any person, firm, association,, or corporation desjrfng to use the ‘TexasState Approved’meat label In representing, publishi.ng,

or advertising any meat, or meat foor products offered for sale or to be sold withIn this State for food forhuman consumption shallmake application to the State Board of Health, prior to the use of such a label for a permit to use any such label in advertising, represent!ng, or labeling suchmeat or meat food products.”
Section 14, ArtLcle 4476-3 of Vernon’s Civil Statutes, reads as follows:

“The State Health Officer receiving such applicationsas provided for in Section 4 of this Act 3s hereby authorized and empowered to award to such applicant a permit to use the ‘TexasState A[~,proved’ meat label according to the requirements of this Act. The State Board of Health shallhave the power to revoke any permit issued,after notice by registeredmail to the affected permittee and after a hearing to be held In accordance with regulation~sissued covering th1.ssubject, when upon examination, and hearing it is found that any penal provision or Section of this Act has been violated. The State Health Officer shall keep a record for public inspection of all reports received, and the issuance or revocation of permits under this Act.‘IJ. E. Peavy, M. D., page IL(NW-71L7)

It is apparent under Section 5 that the entire meat inspectionprogram is to be supervisedby the State Health Officer, and that the languageunder Sections 13 and 14 indicatesthat permitsto use the Texas State Approved label are to be issued on an individualbasis by the State Board of Health even though these individuals operate under the inspection serviceprovidedby a city ordinance in compliancewith Section 12 of this Act.

In view of the foregoing, it is our opinion that where there is a localmeat inspectionordinance,as provided under Section 12, this activity should not be by-passed, and any application for a permit to use the Texas State Approved label in those cities should be channeled through the localmeat inspectiondepartmentand shouldhave the approval of the local authority,as well as the State Board of Health,before being issued.

Question No. 3. I'Can the State Health Department collectmoney, from packerswho receive a permit to use the Texas State Approved label, in order to defray the cost of State supervisionnecessary to determine the initial and continued compliancewith the State law and State regulations promulgatedunder the law.
Section 14a,Article 4476-3 of Vernon's Civil Statutes, reads as follows:

"Any person, firm, association, or corporatio“des!ring to use the 'TexasState AIproved'meat label in representing,publishing, or advertisingany meat or meat food products offered for sale or to be sold in this State for human consumption shall pay for the necessary inspection service,and the State Board of Health shall adopt rules and regulations relating to such inspectioncharges which will, in effect, provide that the fees ch?rged shall be fixed as nearly as possible with reference to the cost of maintaining the inspection serviceby the State Health Departmentwhich is necessary to permit the use of the 'TexasState ApprovedMeat for Human Food' label. Any such moneys charged andJ. E. Heavy,M. D., page 5 (m-747)

and collected for such inspection service shall be payable to the State Health Department and shallbe deposited in the State Treasury in a special account to the credit of the State Health Department and used for the purpose of carrying out the program of inspectionwhich is necessary before the issuing of permits for the use of the 'TexasState Approved Meat for Human Food' label."
Section 14a specificallyauthorizesthe State Board of Health to collectmoney from applicantswho wish to use the Texas State Approved label to defray the cost of supervisionby the State Board of Health.

Question No. 4. 'Canmonies already collected under the State Meat Inspection Programbe utilized to defray the cost of meat inspection supervision,where this supervision is performedby the State and the activity supervised is a municipal inspection servicewhich has adopted the provisionsof the State law and the State rules and regulations as provided for under Section 12, Article 4476-31"
If, under Section 12, Article 4476-3, the governing body of any city in the State of Texas has adopted an ordinancemaking the provisionsof the Meat InspectionAct mandatory, the necessary facilities for the enforcement of this Act must be provided on the local level. However, under Section 5 of this Act, the responsibility of the State to supervise the local activity remains.

The language ,under Section 14a gives the State the authority to usemoneys already collected ,underthe State Meat Inspection Program to defray the cost of meat inspection supervision,generally,and there is nothing in the language of Section 14,which would prohibit the money collected from being used to supervise a municipal inspection service activitywhere the municipalityhas adopted an OPdinance as providedunder Section 12, Article 4476-3.J. E. Peavy, M. D., Page 6 (WlJ-747)

Q,uestion

No. 5. "Wouldmeat stamps, labels and other identifyingmarkings
on meat products come within the provlslons of the Meat InspectionLaw if such legends, labels and stamps carried the wording 'Insp.& Psd. City of Est.&. Texas State Approved'."
Section 7, Article 4476-3,reads in part, as follows:
"The State Health Officer is hereby

authorized and empowered to have designed a distinctive inspectionmark, stamp, tag, or labelwhich shall state 'TexasState Agproved EstablishmentNo.

. . . The first sentence of Section 10, Article 4476-3, reads as follows:

"Nomeat or meat products sold, produced, or offered for salewithin this State by any person, firm, association,or corporation shall carry a label, device, or designmarked , 'TexasState Approved EstablishmentNo.

.which does not conform to the definitio; ini requirements of thisAct.?

We think it is $learly the intention of the Legislature that tie words Texas State Approved Establishment
NO. be prominentlydisplayed on the inspection mark, stamp, or label designatedby the State Board of Health as the official label of the Meat InspectionAct. It is the opinion of this Department,however, that where, under Section 12 of this Act a city ordinancehas,,been paased, the words "Insp. & Psd. City of may be added and would not be inconsistentwith this Act where the inspection service is a joint effort between the city and State. QuestionNo. 6. "Underthis portended

program describedabovewould compliance with Section 12 by a municipalityrequire the Texas State Department of Health to permit use of the 'TexasState Approved' label by all plantsunder thatnmunicipality's inspection j,urisdiction.

As stated in our answer to questionnumber 2, where there is a localmeat inspectionactivity operatingunder Section 12, the local agency shouldnot be by-passed andJ. E. Peavy,M.D., page 7 (m-747)

the application for a permit to use the Texas State Approved labelby individuals should be channeled through the localmeat inspectiondepartmentwith the approval of both the local and State agenciesbefore being issued.

It is our opinion that compliancewith Section 12 by a municipality, standing alone,would not require the Texas State Department of Health to permit use of the Texas State Approved label by all plants under that municipality's inspection jurisdiction,but those plants or individuals approvedby both the State Department of Health and the local departmentwould be issued such permits.

QuestionNo. 7: "It is further desired to knowwhether or not in circumstanceswhere the health jurisdiction of a local health officer extendsby agreementbeyond the geographic limits of a municipality complyingwith Section 12 of the law, can the meat inspection law be then appliedby the saidhealth officer to the full geographic limits of the agreed j,urisdiction."
Since there is no provision in Article 4476-3, either express or implied, for a city adopting the provisions of the Meat InspectionAct under Section 12 to operate beyond the corporate limits of themunicipality, it is the opinion of this Department that supervision of activities under the Meat InspectionAct by the cities cannot extend beyond the territory of the municipality.
Artic!.e4476-3was amended as late as 1957, and the Legislaturemade no change in the languagewhich could in any way be interpretedas giving extra territorial jUriSdiction to a city coming under this Act,which in our opinion indicatesthat such grant of powerwas not intended.

SUMMARY
The inspectionof poultry and domestic rabbits is required under Article 4476-3Vernon's Civil Statutes, in a city passing an ordinance as outlinedJ. E. Peavy, M.D., page 8 (W-747)

under this Act.
Any permits iss,ued for the use of the Texas State Approved label under the Meat Inspection Act in a city having passed an ordinance to come under this Act, should be issued only after inspectionand approval on both the State and local levels. The State Health Department alone has the power to revoke any permit issuedwhen, after notice and hearing, it is determinedthat a section of this Act has been violated.
The State Health Departmentmay collect fees from individualswho desire to use the Texas State Approved label to defray the cost of State supervision.

Fees collectecr

by the State Health Department from individualswho desire to use the State Approved labelmay be used to defray the cost of supervisionof both individual packersand plants under the jurisdiction of a municipality complyingwith the Meat InspectionAct.
The official legend, label or stamp adopted by the State Health Department for the Meat Inspection Programmust bear the words "Texas Stat$Approved EstablishmentNo.

but where the permitsare issued in coop&ation with the localmeat inspection service, it is not inconsistent with this Act to add the wo;ds "Insp.& Psd., City of
All plants under a municipality inspection jurisdictionmust have the approval of both the local and State Health Department before they can be issued the Texas State Approved label.

A city may not go beyond its corporate limits, in its program of supervision under the Meat InspectionAct since extra_ ..-.

J. E. Peavy, M.D., page 9 (WW-747)

territorial powerswere not granted by the Legislature underArticle 4476-3, Vernon's Civil Statutes.

Yours very truly,

WILL WILSON Attorney General of Texas

Iola Wilcox Assistant 1W:mg:ms

APPROVED:

OPINION COMMITTEE W. V. Geppert, Chairman

C. Dean Davis Robert G. Scofield Marietta Payne
iFVIEWED FOR THE ATTORNEY GENERAL : Leonard Passmore