reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 433 - Texas Meat and Poultry Inspection Act › Subchapter B. Inspection and Other Regulation › Section 433.027. Inspectors

Sec. 433.027.  INSPECTORS.  (a)  The department shall hire inspectors of livestock that is subject to inspection under this chapter, and of carcasses, parts of carcasses, meat, meat food products, and sanitary conditions of establishments in which meat and meat food products are prepared.  An inspector is an employee of the department and is under supervision of the chief officer in charge of inspection.
(b)  The department shall designate at least one state inspector for each state representative district.
(c)  The chief officer in charge of inspection is responsible for animal health as it relates to public health.  The chief officer in charge of inspection must be licensed to practice veterinary medicine in this state or must be eligible for such a license when employed and must obtain the license not later than two years after the date of employment.
(d)  An inspector shall perform the duties provided by this chapter and department rules.  An inspection or examination must be performed as provided by department rules.
(e)  An inspector may not stamp, mark, tag, or label a carcass, part of a carcass, or a meat food product unless it has been inspected and found unadulterated.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1037, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 433 - Texas Meat and Poultry Inspection Act › Subchapter B. Inspection and Other Regulation › Section 433.028. Refusal to Inspect

Sec. 433.028.  REFUSAL TO INSPECT.  (a)  The department may withdraw or refuse to provide inspection service under this subchapter from an establishment for the period the department determines necessary to carry out the purposes of this chapter if the department determines after opportunity for hearing that the applicant for or recipient of the service is unfit to engage in a business requiring inspection under this subchapter because the applicant or recipient, or a person responsibly connected with the applicant or recipient, has been convicted in a federal or state court of a felony or more than one violation of another law based on:
(1)  acquiring, handling, or distributing unwholesome, mislabeled, or deceptively packaged food; or
(2)  fraud in connection with a transaction in food.
(b)  The department's determination and order under this section is final unless, not later than the 30th day after the effective date of the order, the affected applicant or recipient files an application for judicial review in the appropriate court as provided by Section 433.082.  Judicial review of the order is on the record from which the determination and order was made.
(c)  This section does not affect the provisions of this subchapter relating to withdrawal of inspection services from establishments failing to maintain sanitary conditions or to destroy condemned carcasses, parts of carcasses, meat, or meat food products.
(d)  For the purposes of this section, a person is responsibly connected with the business if the person is a partner, officer, director, holder or owner of 10 percent or more of the business's voting stock, or managerial or executive employee.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1038, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 433 - Texas Meat and Poultry Inspection Act › Subchapter B. Inspection and Other Regulation › Section 433.029. Articles Not Intended for Human Consumption

Sec. 433.029.  ARTICLES NOT INTENDED FOR HUMAN CONSUMPTION.  (a)  Under this subchapter, the department may not inspect an establishment for the slaughter of livestock or the preparation of carcasses, parts of carcasses, or products of livestock if the articles are not intended for use as human food.  Before offered for sale or transportation in intrastate commerce, those articles, unless naturally inedible by humans, shall be denatured or identified as provided by department rule to deter their use for human food.
(b)  A person may not buy, sell, transport, offer for sale or transportation, or receive for transportation in intrastate commerce a carcass, part of a carcass, meat, or a meat food product that is not intended for use as human food unless the article is naturally inedible by humans, denatured, or identified as required by department rule.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1039, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 433 - Texas Meat and Poultry Inspection Act › Subchapter B. Inspection and Other Regulation › Section 433.030. Detention

Sec. 433.030.  DETENTION.  (a)  The department may detain a carcass, part of a carcass, meat, a meat food product of livestock, a product exempted from the definition of meat food product, or a dead, dying, disabled, or diseased livestock animal if the department finds the article on premises where it is held for purposes of intrastate commerce, or during or after distribution in intrastate commerce, and there is reason to believe that the article:
(1)  is adulterated or misbranded and is capable of use as human food; or
(2)  has not been inspected as required by, or has been or is intended to be distributed in violation of:
(A)  this subchapter;
(B)  the Federal Meat Inspection Act (21 U.S.C. Section 601 et seq.);
(C)  the Federal Poultry Products Inspection Act (21 U.S.C. Section 451 et seq.); or
(D)  the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Section 301 et seq.).
(b)  An article may be detained for not more than 20 days and only pending action under Section 433.031 or notification of a federal authority having jurisdiction over the article.
(c)  A person may not move a detained article from the place where it is detained until the article is released by the department.
(d)  The department may require that each official mark be removed from the article before it is released, unless the department determines that the article is eligible to bear the official mark.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1040, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 433 - Texas Meat and Poultry Inspection Act › Subchapter B. Inspection and Other Regulation › Section 433.031. Seizure

Sec. 433.031.  SEIZURE.  (a)  A carcass, part of a carcass, meat, or a meat food product of livestock, or a dead, dying, disabled, or diseased livestock animal, that is being transported in intrastate commerce or held for sale after transportation in intrastate commerce may be proceeded against, seized, and condemned if the article:
(1)  is or has been prepared, sold, transported, or otherwise distributed or offered or received for distribution in violation of this chapter;
(2)  is capable of use as human food and is adulterated or misbranded;  or
(3)  is otherwise in violation of this chapter.
(b)  An action against an article under this section must be on a complaint in the proper court in the county in which the article is found.  To the extent possible, the law governing admiralty cases applies to a case under this section, except that:
(1)  either party may demand trial by jury of an issue of fact in the case;  and
(2)  the proceedings must be brought by and in the name of this state.
(c)  After entry of the decree, a condemned article shall be destroyed or sold as the court directs.  If the article is sold, the proceeds, minus court costs, court fees, and storage and other proper expenses, shall be deposited in the state treasury.  An article may not be sold in violation of this chapter, the Federal Meat Inspection Act (21 U.S.C. Section 601 et seq.), the Federal Poultry Products Inspection Act (21 U.S.C. Section 451 et seq.), or the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Section 301 et seq.).  On execution and delivery of a good and sufficient bond conditioned that the article will not be disposed of in violation of this chapter or federal law, the court may direct the article to be delivered to its owner by the department subject to supervision as necessary to ensure compliance with applicable laws.
(d)  If a decree of condemnation is entered against the article and it is released under bond or destroyed, the court shall award court costs, court fees, and storage and other proper expenses against any person intervening as claimant of the article.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1041, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 433 - Texas Meat and Poultry Inspection Act › Subchapter B. Inspection and Other Regulation › Section 433.032. Storage and Handling

Sec. 433.032.  STORAGE AND HANDLING.  (a)  The executive commissioner may adopt rules prescribing conditions under which carcasses, parts of carcasses, meat, and meat food products of livestock must be stored and handled by a person in the business of buying, selling, freezing, storing, or transporting those articles in or for intrastate commerce if the executive commissioner considers the rules necessary to prevent adulterated or misbranded articles from being delivered to a consumer.
(b)  A person may not violate a rule adopted under this section.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1042, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 433 - Texas Meat and Poultry Inspection Act › Subchapter B. Inspection and Other Regulation › Section 433.033. Equine Products

Sec. 433.033.  EQUINE PRODUCTS.  A person may not sell, transport, offer for sale or transportation, or receive for transportation, in intrastate commerce, a carcass, part of a carcass, meat, or a meat food product of a horse, mule, or other equine unless the article is plainly and conspicuously marked or labeled or otherwise identified, as required by department rule, to show the kind of animal from which the article was derived.  The department may require an establishment at which inspection is maintained under this chapter to prepare those articles in an establishment separate from one in which livestock other than equines is slaughtered or carcasses, parts of carcasses, meat, or meat food products of livestock other than equines are prepared.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1043, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 433 - Texas Meat and Poultry Inspection Act › Subchapter B. Inspection and Other Regulation › Section 433.034. Records

Sec. 433.034.  RECORDS.  (a)  A person engaged for intrastate commerce in any of the following business activities shall keep records of each of the person's business transactions:
(1)  slaughtering livestock;
(2)  preparing, freezing, packaging, or labeling a livestock carcass or a part or product of a livestock carcass for use as human food or animal food;
(3)  transporting, storing, buying, or selling, as a meat broker, wholesaler, or otherwise, a livestock carcass or a part or product of a livestock carcass;
(4)  rendering;  or
(5)  buying, selling, or transporting dead, dying, disabled, or diseased livestock, or a part of a carcass of a livestock animal that died in a manner other than slaughter.
(b)  On notice by the department, a person required to keep records shall at all reasonable times give the department and any representative of the United States Secretary of Agriculture accompanying the department staff:
(1)  access to the person's place of business; and
(2)  an opportunity to:
(A)  examine the facilities, inventory, and records;
(B)  copy the records required by this section; and
(C)  take a reasonable sample of the inventory, on payment of the fair market value of the sample.
(c)  The person shall maintain a record required by this section for the period prescribed by department rule.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1044, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 433 - Texas Meat and Poultry Inspection Act › Subchapter B. Inspection and Other Regulation › Section 433.035. Inspection and Other Regulation of Exotic Animals in Interstate Commerce

Sec. 433.035.  INSPECTION AND OTHER REGULATION OF EXOTIC ANIMALS IN INTERSTATE COMMERCE.  (a)  The department has the same rights of examination, inspection, condemnation, and detention of live exotic animals and carcasses, parts of carcasses, meat, and meat food products of exotic animals slaughtered and prepared for shipment in interstate commerce as the department has with respect to exotic animals slaughtered and prepared for shipment in intrastate commerce.
(b)  The department has the same rights of inspection of establishments handling exotic animals slaughtered and prepared for shipment in interstate commerce as the department has with respect to establishments handling exotic animals slaughtered and prepared for intrastate commerce.
(c)  The record-keeping requirements of Section 433.034 that apply to persons slaughtering, preparing, buying, selling, transporting, storing, or rendering in intrastate commerce apply to persons performing similar functions with exotic animals in interstate commerce.
(d)  A rulemaking power of the executive commissioner relating to animals in intrastate commerce applies to exotic animals in interstate commerce.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1045, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 433 - Texas Meat and Poultry Inspection Act › Subchapter C. Labeling and Other Standards › Section 433.041. Labeling Passed Products

Sec. 433.041.  LABELING PASSED PRODUCTS.  (a)  When meat or a meat food product prepared for intrastate commerce that has been inspected as provided by this chapter and marked "Texas inspected and passed" is placed or packed in a container or covering in an establishment in which inspection is performed under this chapter, the person preparing the product shall attach a label to the container or covering stating that the contents have been "Texas inspected and passed" under this chapter.  The inspector shall supervise the attachment of the label and the sealing or enclosing of the meat or meat food product in the container or covering.
(b)  When an inspected carcass, part of a carcass, meat, or a meat food product is found to be unadulterated and leaves the establishment, it must bear legible information on itself or its container, as required by department rule, to prevent it from being misbranded.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1046, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 433 - Texas Meat and Poultry Inspection Act › Subchapter C. Labeling and Other Standards › Section 433.0415. Labeling Cell-Cultured Product

Sec. 433.0415.  LABELING CELL-CULTURED PRODUCT.  (a)  In this section:
(1)  "Cell-cultured product" has the meaning assigned by Section 431.0805.
(2)  "Close proximity" means:
(A)  immediately before or after the name of the product;
(B)  in the line of the label immediately before or after the line containing the name of the product; or
(C)  within the same phrase or sentence containing the name of the product.
(b)  A cell-cultured product must be labeled in prominent type equal to or greater in size than the surrounding type and in close proximity to the name of the product using one of the following:
(1)  "cell-cultured";
(2)  "lab-grown"; or
(3)  a similar qualifying term or disclaimer intended to clearly communicate to a consumer the contents of the product.
(c)  The provisions of this subchapter apply to a cell-cultured product, as applicable.
Added by Acts 2023, 88th Leg., R.S., Ch. 32 (S.B. 664), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 433 - Texas Meat and Poultry Inspection Act › Subchapter C. Labeling and Other Standards › Section 433.042. Sale of Mislabeled Articles Prohibited

Sec. 433.042.  SALE OF MISLABELED ARTICLES PROHIBITED.  A person may not sell an article subject to this chapter or offer the article for sale, in intrastate commerce, under a false or misleading name or other marking or in a container of a misleading form or size.  An established trade name, other marking and labeling, or a container that is not false or misleading and that is approved by the department is permitted.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1047, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 433 - Texas Meat and Poultry Inspection Act › Subchapter C. Labeling and Other Standards › Section 433.043. Standards of Labeling, Composition, and Fill

Sec. 433.043.  STANDARDS OF LABELING, COMPOSITION, AND FILL.  (a)  If the executive commissioner determines that standards are necessary to protect the public, the executive commissioner may adopt rules prescribing:
(1)  the style and type size that must be used for material required to be incorporated in labeling to avoid false or misleading labeling of an article subject to this subchapter or Subchapter B; and
(2)  subject to Subsection (b), a definition or standard of identity or composition or a standard of fill of container for an article subject to this subchapter.
(b)  A standard prescribed under Subsection (a)(2) must be consistent with standards established under the Federal Meat Inspection Act (21 U.S.C. Section 601 et seq.), the Federal Poultry Products Inspection Act (21 U.S.C. Section 451 et seq.), and the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Section 301 et seq.).  To avoid inconsistency, the department shall consult with the United States Secretary of Agriculture before the standard is prescribed.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1048, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 433 - Texas Meat and Poultry Inspection Act › Subchapter C. Labeling and Other Standards › Section 433.044. Order to Cease False or Misleading Practice

Sec. 433.044.  ORDER TO CEASE FALSE OR MISLEADING PRACTICE.  (a)  If the department has reason to believe that a marking or labeling or the size or form of a container in use or proposed for use in relation to an article subject to this subchapter is false or misleading, the department may prohibit the use until the marking, labeling, or container is modified in the manner the department prescribes to prevent it from being false or misleading.
(b)  The person using or proposing to use the marking, labeling, or container may request a hearing.  The department may prohibit the use pending a final determination by the department.
(c)  A hearing and any appeal under this section are governed by the department's rules for a contested case hearing and Chapter 2001, Government Code.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1049, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 433 - Texas Meat and Poultry Inspection Act › Subchapter C. Labeling and Other Standards › Section 433.045. Protection of Official Device, Mark, and Certificate

Sec. 433.045.  PROTECTION OF OFFICIAL DEVICE, MARK, AND CERTIFICATE.  A person may not:
(1)  cast, print, lithograph, or make in any other manner, except as authorized by the department in accordance with department rules:
(A)  a device containing or label bearing an official mark or a simulation of an official mark; or
(B)  a form of official certificate or simulation of an official certificate;
(2)  forge an official device, mark, or certificate;
(3)  without the department's authorization, use, alter, detach, deface, or destroy an official device, mark, or certificate or use a simulation of an official device, mark, or certificate;
(4)  detach, deface, destroy, or fail to use an official device, mark, or certificate, in violation of a department rule;
(5)  knowingly possess, without promptly notifying the department:
(A)  an official device;
(B)  a counterfeit, simulated, forged, or improperly altered official certificate; or
(C)  a device, label, animal carcass, or part or product of an animal carcass, bearing a counterfeit, simulated, forged, or improperly altered official mark;
(6)  knowingly make a false statement in a shipper's certificate or other certificate provided for by department rule; or
(7)  knowingly represent that an article has been inspected and passed, when it has not, or is exempted, when it is not.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1050, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 433 - Texas Meat and Poultry Inspection Act › Subchapter D. Miscellaneous Prohibitions › Section 433.051. Slaughter or Preparation Not in Compliance With Chapter

Sec. 433.051.  SLAUGHTER OR PREPARATION NOT IN COMPLIANCE WITH CHAPTER.  A person, at an establishment preparing articles only for intrastate commerce, may not slaughter a livestock animal or prepare a carcass, part of a carcass, meat, or a meat food product of a livestock animal, capable of use as human food, except in compliance with this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 433 - Texas Meat and Poultry Inspection Act › Subchapter D. Miscellaneous Prohibitions › Section 433.052. Sale, Receipt, or Transportation of Articles Not in Compliance With Chapter

Sec. 433.052.  SALE, RECEIPT, OR TRANSPORTATION OF ARTICLES NOT IN COMPLIANCE WITH CHAPTER.  A person may not:
(1)  sell, transport, offer for sale or transportation, or receive for transportation, in intrastate commerce, livestock or a carcass, part of a carcass, meat, or a meat food product of livestock that is:
(A)  capable of use as human food and is adulterated or misbranded when sold, offered, transported, or received for transportation;  or
(B)  required to be inspected by this chapter but has not been inspected and passed;  or
(2)  perform an act with respect to livestock or a carcass, part of a carcass, meat, or a meat food product of livestock, while the article is being transported in intrastate commerce or held for sale after transportation in intrastate commerce, that causes or is intended to cause the article to be adulterated or misbranded.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 433 - Texas Meat and Poultry Inspection Act › Subchapter D. Miscellaneous Prohibitions › Section 433.053. Sale, Receipt, or Transportation of Poultry

Sec. 433.053.  SALE, RECEIPT, OR TRANSPORTATION OF POULTRY.  A person may not sell, transport, offer for sale or transportation, or receive for transportation, in intrastate commerce or from an official establishment, slaughtered poultry from which blood, feathers, feet, head, or viscera have not been removed as provided by department rule, except as authorized by department rule.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1051, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 433 - Texas Meat and Poultry Inspection Act › Subchapter D. Miscellaneous Prohibitions › Section 433.054. Dead, Dying, Disabled, and Diseased Animals; Animals Dying in Manner Other Than Slaughter

Sec. 433.054.  DEAD, DYING, DISABLED, AND DISEASED ANIMALS;  ANIMALS DYING IN MANNER OTHER THAN SLAUGHTER.  (a)  If registration is required by department rule, a person may not engage in any of the following businesses, in or for intrastate commerce, unless the person has registered with the department:
(1)  meat brokering or rendering;
(2)  manufacturing animal food;
(3)  wholesaling or warehousing for the public livestock or any part of a carcass of livestock, regardless of whether it is intended for human food; or
(4)  buying, selling, or transporting dead, dying, disabled, or diseased livestock or part of a carcass of livestock.
(b)  A registration must include the person's name, each of the person's places of business, and each trade name under which the person does business.
(c)  A person may not engage in the business of selling, buying, or transporting in intrastate commerce dead, dying, disabled, or diseased livestock or part of the carcass of livestock that died otherwise than by slaughter unless the transaction or transportation complies with department rules adopted to assure that the animals or unwholesome parts or products of the animals are not used for human food.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1052, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 433 - Texas Meat and Poultry Inspection Act › Subchapter D. Miscellaneous Prohibitions › Section 433.055. Miscellaneous Prohibitions Applicable to Exotic Animals in Interstate Commerce

Sec. 433.055.  MISCELLANEOUS PROHIBITIONS APPLICABLE TO EXOTIC ANIMALS IN INTERSTATE COMMERCE.  The prohibitions of Sections 433.051-433.054 that apply to intrastate commerce also apply to exotic animals in interstate commerce.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 433 - Texas Meat and Poultry Inspection Act › Subchapter D. Miscellaneous Prohibitions › Section 433.056. Inedible Animal Products

Sec. 433.056.  INEDIBLE ANIMAL PRODUCTS.  A person in the business of buying, selling, or transporting, in intrastate commerce, may not offer an inedible animal product for sale unless:
(1)  the sale is for further sterilization processing;  or
(2)  the product has been processed in a manner that prevents the survival of disease-producing organisms or deleterious substances in the processed material.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 433 - Texas Meat and Poultry Inspection Act › Subchapter E. Cooperation With Federal Government › Section 433.071. Responsible Agency

Sec. 433.071.  RESPONSIBLE AGENCY.  (a)  The department is the state agency responsible for cooperating with the United States Secretary of Agriculture under Section 301, Federal Meat Inspection Act (21 U.S.C. Section 661), and Section 5, Federal Poultry Products Inspection Act (21 U.S.C. Section 454).
(b)  The department shall cooperate with the secretary of agriculture in developing and administering the meat and poultry inspection program of this state under this chapter in a manner that will achieve the purposes of this chapter and federal law and that will ensure that the requirements will be at least equal to those imposed under Titles I and IV, Federal Meat Inspection Act (21 U.S.C. Sections 601 et seq. and 671 et seq.), and Sections 1-4, 6-10, and 12-22, Federal Poultry Products Inspection Act (21 U.S.C. Sections 451-453, 455-459, and 461-467d), not later than the dates prescribed by federal law.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1053, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 433 - Texas Meat and Poultry Inspection Act › Subchapter E. Cooperation With Federal Government › Section 433.072. Advisory Committees

Sec. 433.072.  ADVISORY COMMITTEES.  The commissioner may recommend to the United States Secretary of Agriculture state officials or employees for appointment to advisory committees provided for by Section 301, Federal Meat Inspection Act (21 U.S.C. Section 661), and Section 5, Federal Poultry Products Inspection Act (21 U.S.C. Section 454).  The commissioner shall serve as the representative of the governor for consultation with the secretary of agriculture under those Acts unless the governor selects another representative.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 433 - Texas Meat and Poultry Inspection Act › Subchapter E. Cooperation With Federal Government › Section 433.073. Technical and Laboratory Assistance and Training Program

Sec. 433.073.  TECHNICAL AND LABORATORY ASSISTANCE AND TRAINING PROGRAM.  The department may accept from the United States Secretary of Agriculture:
(1)  advisory assistance in planning and otherwise developing the state program;
(2)  technical and laboratory assistance;
(3)  training, including necessary curricular and instructional materials and equipment; and
(4)  financial and other aid for administration of the program.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1054, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 433 - Texas Meat and Poultry Inspection Act › Subchapter E. Cooperation With Federal Government › Section 433.074. Financing

Sec. 433.074.  FINANCING.  The department may spend state funds appropriated for administration of this chapter to pay 50 percent of the estimated total cost of cooperation with the federal government under this subchapter, and all of the costs of performing services in relation to the inspection of animals or products not regulated under the Federal Meat Inspection Act (21 U.S.C. Section 601 et seq.) or the Federal Poultry Products Inspection Act (21 U.S.C. Section 451 et seq.).
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1055, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 433 - Texas Meat and Poultry Inspection Act › Subchapter F. Enforcement › Section 433.081. General Criminal Penalty

Sec. 433.081.  GENERAL CRIMINAL PENALTY.  (a)  A person commits an offense if the person violates a provision of this chapter for which this chapter does not provide another criminal penalty.
(b)  Except as provided by Subsection (c), an offense under this section is punishable by a fine of not more than $1,000, imprisonment for not more than one year, or both.
(c)  If an offense under this section involves intent to defraud or a distribution or attempted distribution of an adulterated article, except adulteration described by Section 433.004(11), (12), or (13), the offense is punishable by a fine of not more than $10,000, imprisonment for not more than three years, or both.
(d)  A person does not commit an offense under this section by receiving for transportation an article in violation of this chapter if the receipt is in good faith and if the person furnishes, on request of the department:
(1)  the name and address of the person from whom the article is received; and
(2)  any document pertaining to the delivery of the article.
(e)  This chapter does not require the department to report for prosecution, or for institution of complaint or injunction proceedings, a minor violation of this chapter if the department believes that the public interest will be adequately served by a suitable written warning notice.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1056, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 433 - Texas Meat and Poultry Inspection Act › Subchapter F. Enforcement › Section 433.0815. Interference With Inspection; Criminal Penalties

Sec. 433.0815.  INTERFERENCE WITH INSPECTION;  CRIMINAL PENALTIES.  (a)  A person commits an offense if the person with criminal negligence interrupts, disrupts, impedes, or otherwise interferes with a livestock inspector while the inspector is performing a duty under this chapter.
(b)  An offense under this section is a Class B misdemeanor.
(c)  It is a defense to prosecution under this section that the interruption, disruption, impediment, or interference alleged consisted of speech only.
Added by Acts 2001, 77th Leg., ch. 730, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 433 - Texas Meat and Poultry Inspection Act › Subchapter F. Enforcement › Section 433.082. Jurisdiction for Violation

Sec. 433.082.  JURISDICTION FOR VIOLATION.  The district court has jurisdiction of:
(1)  an action to enforce and to prevent and restrain a violation of this chapter;  and
(2)  any other case arising under this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 433 - Texas Meat and Poultry Inspection Act › Subchapter F. Enforcement › Section 433.083. Investigation by Department

Sec. 433.083.  INVESTIGATION BY DEPARTMENT.  The department may investigate and gather and compile information concerning the organization, business, conduct, practices, and management of a person engaged in intrastate commerce and the person's relation to other persons.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1057, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 433 - Texas Meat and Poultry Inspection Act › Subchapter F. Enforcement › Section 433.084. Evidence and Testimony

Sec. 433.084.  EVIDENCE AND TESTIMONY.  (a)  For the purposes of this chapter, the department at all reasonable times shall be given access to documentary evidence of a person being investigated or proceeded against to examine or copy the evidence.  The department by subpoena may require the attendance and testimony of a witness and the production of documentary evidence relating to a matter under investigation, at a designated place of hearing in a county in which the witness resides, is employed, or has a place of business.
(b)  The commissioner or the commissioner's designee may sign subpoenas, administer oaths and affirmations, examine witnesses, and receive evidence.  On disobedience of a subpoena, the department may request the district court to require attendance and testimony of a witness and the production of documentary evidence, and the district court having jurisdiction over the inquiry may order the compliance.  Failure to obey the court's order is punishable as contempt.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1058, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 433 - Texas Meat and Poultry Inspection Act › Subchapter F. Enforcement › Section 433.085. Report to Department

Sec. 433.085.  REPORT TO DEPARTMENT.  The department, by general or special order, may require a person engaged in intrastate commerce to file with the department an annual report, special report, or both, or answers in writing to specific questions furnishing the department information that the department requires concerning the person's organization, business, conduct, practices, management, and relation to other persons filing written answers and reports.  The department may prescribe the form of the report or answers, require the report or answers to be given under oath, and prescribe a reasonable deadline for filing the report or answers, subject to the granting of additional time by the department.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1059, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 433 - Texas Meat and Poultry Inspection Act › Subchapter F. Enforcement › Section 433.086. Mandamus to Compel Compliance

Sec. 433.086.  MANDAMUS TO COMPEL COMPLIANCE.  On application of the attorney general at the request of the department, the district court may issue a writ of mandamus ordering a person to comply with this chapter or an order under this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1060, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 433 - Texas Meat and Poultry Inspection Act › Subchapter F. Enforcement › Section 433.087. Depositions

Sec. 433.087.  DEPOSITIONS.  (a)  The department may order testimony to be taken before a person designated by the department and having power to administer oaths at any stage of a proceeding or investigation under this chapter.  A person may be compelled to appear and depose or produce documentary evidence at a deposition in the same manner as a witness may be compelled to appear and testify and produce documentary evidence before the department under this chapter.
(b)  The person taking the deposition shall transcribe or supervise the transcription of the testimony.  The transcript must be signed by the person deposed.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1061, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 433 - Texas Meat and Poultry Inspection Act › Subchapter F. Enforcement › Section 433.088. Compensation of Witness or Reporter

Sec. 433.088.  COMPENSATION OF WITNESS OR REPORTER.  A witness summoned before the department is entitled to the same fees and mileage paid a witness in a state court.  A witness whose deposition is taken and the person taking the deposition are each entitled to the same fees paid for similar services in a state court.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1062, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 433 - Texas Meat and Poultry Inspection Act › Subchapter F. Enforcement › Section 433.089. Immunity

Sec. 433.089.  IMMUNITY.  (a)  A person is not excused from attending and testifying or producing documentary evidence before the department or in obedience to the department's subpoena, whether signed by the commissioner or the commissioner's designee, or in a cause or proceeding based on or growing out of an alleged violation of this chapter, on the ground that the required testimony or evidence may tend to incriminate the person or subject the person to penalty or forfeiture.
(b)  A person may not be prosecuted or subjected to a penalty or forfeiture for or because of a transaction or matter concerning which the person is compelled to testify or produce evidence after having claimed a privilege against self-incrimination.
(c)  The person testifying under this section is not exempt from prosecution and punishment for perjury committed in that testimony.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1063, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 433 - Texas Meat and Poultry Inspection Act › Subchapter F. Enforcement › Section 433.090. Contempt

Sec. 433.090.  CONTEMPT.  (a)  A person commits an offense if the person neglects or refuses to attend and testify or answer a lawful inquiry or to produce documentary evidence, if the person has the power to do so, in obedience to a subpoena or lawful requirement of the department.
(b)  An offense under this section is punishable by a fine of not less than $1,000 or more than $5,000, imprisonment for not more than one year, or both.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1064, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 433 - Texas Meat and Poultry Inspection Act › Subchapter F. Enforcement › Section 433.091. False Report; Failure to Report; Criminal Penalty

Sec. 433.091.  FALSE REPORT;  FAILURE TO REPORT;  CRIMINAL PENALTY.  (a)  A person commits an offense if the person intentionally:
(1)  makes or causes to be made a false entry in an account, record, or memorandum kept by a person subject to this chapter;
(2)  neglects or fails to make or cause to be made full entries in an account, record, or memorandum kept by a person subject to this chapter of all facts and transactions pertaining to the person's business;
(3)  removes from the jurisdiction of this state or mutilates, alters, or otherwise falsifies documentary evidence of a person subject to this chapter; or
(4)  refuses to submit to the department, for inspection and copying, documentary evidence in the person's possession or control of a person subject to this chapter.
(b)  An offense under this section is punishable by a fine of not less than $1,000 or more than $5,000, imprisonment for not more than three years, or both.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1065, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 433 - Texas Meat and Poultry Inspection Act › Subchapter F. Enforcement › Section 433.092. Failure to Report; Civil Penalty

Sec. 433.092.  FAILURE TO REPORT;  CIVIL PENALTY.  (a)  If a person required by this chapter to file an annual or special report does not file the report before the deadline for filing set by the department and the failure continues for 30 days after notice of the default, the person forfeits to the state $100 for each day the failure continues.
(b)  An amount due under this section is payable to the state treasury and is recoverable in a civil suit in the name of the state brought in the district court of the county in which the person's principal office is located or in which the person does business.
(c)  Each district attorney, under the direction of the attorney general, shall prosecute for the recovery of an amount due under this section.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1066, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 433 - Texas Meat and Poultry Inspection Act › Subchapter F. Enforcement › Section 433.093. Unlawful Disclosure; Criminal Penalty

Sec. 433.093.  UNLAWFUL DISCLOSURE;  CRIMINAL PENALTY.  (a)  A state officer or employee commits an offense if the officer or employee, without the approval of the commissioner, makes public information obtained by the department.
(b)  An offense under this section is a misdemeanor punishable by a fine of not more than $5,000, imprisonment for not more than one year, or both.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1067, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 433 - Texas Meat and Poultry Inspection Act › Subchapter F. Enforcement › Section 433.094. Administrative Penalty

Sec. 433.094.  ADMINISTRATIVE PENALTY.  (a)  The department may assess an administrative penalty against a person who violates this chapter, a rule adopted under the authority of this chapter, or an order or license issued under this chapter.
(b)  In determining the amount of the penalty, the department shall consider:
(1)  the person's previous violations;
(2)  the seriousness of the violation;
(3)  any hazard to the health and safety of the public;
(4)  the person's demonstrated good faith; and
(5)  such other matters as justice may require.
(c)  The penalty may not exceed $25,000 a day for each violation.
(d)  Each day a violation continues may be considered a separate violation.
Added by Acts 1991, 72nd Leg., ch. 388, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1068, eff. April 2, 2015.