Texas Health And Safety Code Title 6, Chapter 433 - Texas Meat And Poultry Inspection Act

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 433.001 - Short Title
  This chapter may be cited as the Texas Meat and Poultry Inspection Act. Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
• Texas Section 433.002 - Policy
  (a) Meat and meat food products are an important source of the nation's total food supply. It is essential in the public interest that the...
• Texas Section 433.003 - Definitions
  In this chapter: (1) "Animal food manufacturer" means a person in the business of manufacturing or processing animal food any part of which is derived...
• Texas Section 433.004 - Adulteration
  A carcass, part of a carcass, meat, or a meat food product is adulterated if: (1) it bears or contains a poisonous or deleterious substance...
• Texas Section 433.005 - Misbranding
  (a) A livestock or poultry product is misbranded if: (1) any part of its labeling is false or misleading; (2) it is offered for sale...
• Texas Section 433.006 - Personal Use Exemption
  (a) The provisions of this chapter requiring inspection of the slaughter of livestock and the preparation of carcasses, parts of carcasses, meat, and meat food...
• Texas Section 433.007 - Construction With Other Law
  (a) This chapter prevails over any other law, including Chapter 431 (Texas Food, Drug, and Cosmetic Act), to the extent of any conflict. (b) This...
• Texas Section 433.008 - Rules
  (a) The executive commissioner shall adopt rules necessary for the efficient execution of this chapter. (b) The executive commissioner shall adopt and use federal rules,...

SUBCHAPTER B INSPECTION AND OTHER REGULATION

• Texas Section 433.009 - Fees
  The department may collect fees for overtime and special services rendered to establishments, and may collect a fee for services required to be performed under...
• Texas Section 433.021 - Inspection Before Slaughter
  (a) To prevent the use in intrastate commerce of adulterated meat and meat food products, the department shall examine and inspect each livestock animal before...
• Texas Section 433.022 - Inspection Of Carcasses
  (a) To prevent the use in intrastate commerce of adulterated meat and meat food products, the department shall inspect each livestock carcass or part of...
• Texas Section 433.023 - Investigation Of Disease Findings; Quarantine
  (a) The department may investigate a disease finding by a livestock inspector if the department determines that the investigation is in the best interest of...
• Texas Section 433.024 - Inspection Of Processing And Slaughtering Establishments
  (a) The department shall inspect each processing establishment in which livestock is slaughtered and meat and meat food products of the livestock are prepared solely...
• Texas Section 433.0245 - Requirements For Certain Low-volume Livestock Processing Establishments
  (a) Except as provided by this section, the inspection and regulatory provisions of this chapter do not apply to a low-volume livestock processing establishment that...
• Texas Section 433.025 - Inspection Of Meat Food Products
  (a) To prevent the use in intrastate commerce of adulterated meat food products, the department shall examine and inspect all meat food products prepared in...
• Texas Section 433.026 - Night Inspection; Hours Of Operation
  (a) The department shall provide for inspection at night of livestock slaughtered at night and food products prepared at night for the purposes of intrastate...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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,...
• Texas Section 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)...

SUBCHAPTER C LABELING AND OTHER STANDARDS

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER D MISCELLANEOUS PROHIBITIONS

• Texas Section 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:...
• Texas Section 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,...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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....

SUBCHAPTER E COOPERATION WITH FEDERAL GOVERNMENT

• Texas Section 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...
• Texas Section 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...
• Texas Section 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,...
• Texas Section 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...

SUBCHAPTER F ENFORCEMENT

• Texas Section 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...
• Texas Section 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....
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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,...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 433.095 - Administrative Penalty Assessment Procedure
  (a) An administrative penalty may be assessed only after a person charged with a violation is given an opportunity for a hearing. (b) If a...
• Texas Section 433.096 - Payment Of Administrative Penalty
  (a) Not later than the 30th day after the date an order finding that a violation has occurred is issued, the department shall inform the...
• Texas Section 433.097 - Refund Of Administrative Penalty
  On the date the court's judgment that an administrative penalty against a person should be reduced or not assessed becomes final, the court shall order...
• Texas Section 433.098 - Recovery Of Administrative Penalty By Attorney General
  The attorney general at the request of the department may bring a civil action to recover an administrative penalty under this subchapter. Added by Acts...
• Texas Section 433.099 - Injunction
  (a) If it appears that a person has violated or is violating this chapter or a rule adopted under this chapter, the department may request...
• Texas Section 433.100 - Emergency Withdrawal Of Mark Or Suspension Of Inspection Services
  (a) The department may immediately withhold the mark of inspection or suspend or withdraw inspection services if: (1) the department determines that a violation of...

Last modified: September 28, 2016