(a) Custom Exempt Slaughter and Processing Operation Requirements. The requirements of this section apply to the custom exempt slaughter and custom exempt processing of uninspected livestock.(1) Record keeping.(A) Operators of facilities conducting custom exempt operations must keep records for a period of two years from the date of slaughter or processing.(B) The records must be available to department representatives on request.(C) Additional records that must be kept include records such as bills of sale, invoices, bills of lading, and receiving and shipping papers for transactions in which any livestock or carcass, meat, or meat food product is purchased, sold, shipped, received, transported, or otherwise handled by the custom slaughter establishment.(D) If the custom exempt establishment also maintains a retail meat outlet, the records requirements in subparagraph (C) of this paragraph must be separately maintained.(2) Containers used for meat food products, paper, or other materials in contact with meat food products.(A) To avoid adulteration of product, containers must be lined with suitable material of good quality before packing.(B) Containers and trucks or other means of conveyance in which any carcass or part is transported to the owner must be kept in a clean and sanitary condition.(C) Paper or other materials used for covering or lining containers and the cargo space of trucks or other means of conveyance must be of a kind that does not tear during use but remains intact and does not disintegrate when moistened by the product.(D) Boxes and any containers used as tote boxes must be clean and stored off the floor in a manner sufficient to prevent the creation of insanitary conditions and to ensure product is not adulterated.(3) Tagging insanitary equipment, utensils, rooms, and carcasses.(A) A department representative may attach a "Texas Rejected" tag to any equipment, utensil, room, or compartment at a custom exempt establishment that a department representative determines is insanitary and a health hazard. No equipment, utensil, room, or compartment, so tagged, may be used until untagged or released by a department representative. Such tags may not be removed by anyone other than a department representative.(B) A department representative who determines a carcass or parts are adulterated, unfit for human food, is from an unhealthy or unsound animal, or could result in a health hazard, may attach a "Texas Retained" tag to the carcass and parts, document the reason for attaching the tag on a form specified by the department, and deliver the form to the operator of the custom exempt establishment. The owner of the carcass and parts must be notified by the plant operator and advised of the potential health risk. The custom exempt establishment must ensure the owner of the carcass and parts either authorizes the voluntary destruction and denaturing of the carcass and all parts or agrees to remove the carcass and parts from the custom exempt establishment. Under no circumstances may the carcass and parts be further processed at the establishment.(4) Denaturing procedures. Carcasses, parts thereof, meat, and meat food products that are adulterated or not returned to the owner must be adequately denatured or decharacterized to preclude use as human food. Before the denaturing agents are applied, carcasses and carcass parts must be freely slashed or sectioned. The denaturing agent must be mixed with all of the carcasses or carcass parts to be denatured and must be applied in such quantity and manner that it cannot be removed by washing or soaking. A sufficient amount of the appropriate agent must be used to give the material a distinctive color, odor, or taste so that such material cannot be confused with an article of human food.(b) Custom Slaughter Requirements. The requirements of this section apply to the custom slaughter of livestock by any person, as defined in §221.12(b) of this subchapter (relating to Meat and Poultry Inspection), delivered by or for the owner for such slaughter, not for sale to the public, and for the exclusive use of the owner, a member of the owner's household, or a nonpaying guest or employee of the owner. The requirements of this section do not apply to hunter-killed game animals, hunter-killed exotic animals, or hunter-killed feral swine.(1) Animals for slaughter. Only healthy animals, exhibiting no abnormalities, may be accepted for custom slaughter at custom slaughter establishments. Unhealthy or unsound animals are those that exhibit any condition not normally expected in a healthy and sound member of that species.(A) Examples of abnormal or unsound animals include animals that are not able to get up, or animals that have a missing or abnormal eye, swellings, rectal or vaginal prolapse, ocular or nasal discharge, a cough, or a limp.(B) Animals that have an obviously recent break of the lower leg (below the stifle or elbow) and are able to walk and stand are not considered to be unsound or unhealthy if no other abnormal conditions are noted.(2) Record keeping. Custom slaughter records must contain the name, address, and telephone number of the owner of each animal presented, the date the animal was slaughtered, the species, and brief description of the livestock. If a custom processor accepts farm-slaughtered animals for custom processing, records must contain a signed statement from the animal owner that the animal was healthy and exhibited no abnormalities, other than an obviously recent break to the lower leg (below the stifle or elbow), and was able to walk and stand at the time of slaughter.(3) Sanitary methods. Custom slaughter establishments, including mobile operations, must be maintained in sanitary condition. Each custom slaughter establishment must comply with the requirements of 9 Code of Federal Regulations (CFR) Part 416, adopted under §221.11 of this subchapter (relating to Federal Regulations on Meat and Poultry Inspection). Establishments that accept farm-slaughtered livestock must complete and document cleaning and sanitization of all surfaces and equipment used in the processing of the farm-slaughtered livestock before those surfaces and equipment may be used to process other products. (4) Specified risk materials from cattle; handling and disposition. Each custom slaughter establishment must comply with the requirements of 9 CFR §310.22, adopted under §221.11 of this subchapter.(5) Custom exempt slaughter operators must adhere to the humane treatment of livestock as outlined in §221.12(c)(9) of this subchapter.(6) Custom exempt slaughter operators must adhere to the humane treatment of poultry and domesticated game birds as outlined in §221.12(c)(10) of this subchapter.(7) Inhumane treatment of animals observed by a department representative will result in the attaching of a "Texas Rejected" tag to the deficient equipment, facility structure, or the stunning area causing the inhumane treatment. No equipment, area, or facility so tagged may be used until untagged or released by the department representative.(8) Marking and labeling of custom prepared products. Carcasses and parts therefrom that are prepared on a custom basis must be marked at the time of preparation with the term "Not for Sale" in letters at least 3/8 inch in height, and must also be identified with the owner's name or a code that allows identification of the carcass or carcass part to its owner. Ink used for marking such products must be labeled for such purpose. Ink containing FD&C Violet No. 1 must t be used.(9) Requirements concerning procedures.(A) Heads from animals slaughtered by gunshot to the head must not be used for food purposes. Such heads must be denatured in accordance with this section and placed into containers marked "INEDIBLE." Heads with gunshot wounds may be returned to the owner only after they have been freely slashed and adequately denatured to preclude use for human food.(B) Cattle paunches and hog stomachs intended for use in preparing meat food products must be emptied of contents immediately upon removal from the carcass and thoroughly cleaned on all surfaces and parts.(C) Carcasses must not be adulterated, as defined in §221.12(b)(2) of this subchapter, when placed in coolers.(10) Requirements concerning ingredients. All ingredients and other articles used in the preparation of any carcass must be clean, sound, healthful, wholesome, and not result in the adulteration of the carcass. A letter of guaranty from the manufacturer stating the ingredient or article is safe when used in contact with food must be obtained by the custom slaughter establishment and made available upon request to the department representative.(c) Custom processing requirements. The requirements of this section apply to the custom processing by any person of uninspected livestock carcasses or parts, delivered by or for the owner thereof for such processing. These products are not for sale to the public and are for the exclusive use of the owner, a member of the owner's household, or a nonpaying guest or employee of the owner. The requirements of this section do not apply to hunter-killed game animals, hunter-killed exotic animals, or hunter-killed feral swine.(1) Carcasses and parts for processing. No adulterated carcasses or parts as defined in §221.12(b)(2) of this subchapter may be accepted for custom processing.(2) Record keeping. Temperature monitoring records must be maintained by the custom processor for heat-treated or ready-to-eat products. These records must include the temperature attained and time held during heating and the time and temperatures during the cool down process.(3) Sanitary methods. Custom processing establishments, including mobile operations, must be maintained in sanitary condition. Each custom processing establishment must comply with the requirements of 9 CFR Part 416, adopted under §221.11 of this subchapter.(4) Specified risk materials from cattle; handling and disposition. Each custom slaughter establishment must comply with the requirements of 9 CFR §310.22, adopted under §221.11 of this subchapter.(5) Death by other means than slaughter. Carcasses, or parts thereof, derived from animals that have died through circumstances other than slaughter. This includes animals such as roadkill or animals that have died by disease, trauma, or other accident. Such animals may not enter or be processed by a granted establishment.(6) Marking and labeling of custom prepared products.(A) Products that are custom prepared must be packaged immediately after preparation and must be labeled with the term "Not For Sale" in lettering not less than 3/8 inch in height. Such custom prepared products or containers must also bear the owner's name and any additional labeling, such as product cut or description.(B) Safe handling instructions must accompany every customer's raw or not fully cooked products. The information must be in lettering no smaller than 1/16 of an inch in size and may be placed on each product package, placed on each tote box or bag containing packaged product, or given as a flyer to the customer with the product. The safe handling instructions must be placed immediately after the heading in subparagraph (A) of this paragraph and must include the following or similar statements.(i) "Some food products may contain bacteria that could cause illness if the product is mishandled or cooked improperly. For your protection, follow these safe handling instructions."(ii) "Keep refrigerated or frozen. Thaw in refrigerator or microwave." However, any portion of this statement in conflict with the product's specific handling instructions may be omitted (e.g., some products may have instructions to cook without thawing). A graphic illustration of a refrigerator must be displayed next to this statement.(iii) "Keep raw meat and poultry separate from other foods. Wash working surfaces (including cutting boards), utensils, and hands after touching raw meat or poultry." A graphic illustration of soapy hands under a faucet must be displayed next to this statement.(iv) "Cook thoroughly." A graphic illustration of a skillet must be displayed next to this statement.(v) "Keep hot foods hot. Refrigerate leftovers immediately or discard." A graphic illustration of a thermometer must be displayed next to the statement.(7) Requirements concerning procedures.(A) Uninspected heads from custom slaughtered animals may not be sold or used in the preparation of meat food products unless prepared specifically for the owner of the animal for personal use.(B) Heads for use in the preparation of meat food products must be split and the bodies of the teeth, the turbinates and ethmoid bones, ear tubes, and horn butts removed, and the heads then thoroughly cleaned.(C) Bones and parts of bones must be removed from product intended for chopping or grinding.(D) Kidneys for use in the preparation of meat food products must first be freely sectioned and then thoroughly soaked and washed.(E) Clotted blood must be removed from livestock hearts before they are used in the preparation of meat food products.(F) Product must not be adulterated, as defined in §221.12(b)(2) of this subchapter, when placed in coolers or freezers.(G) Frozen product may be defrosted in water or thawed in a manner not conducive to promoting bacterial growth or resulting in adulteration of the product.(8) Requirements concerning ingredients.(A) All ingredients and other articles used in the preparation of any product must be clean, sound, healthful, wholesome, and not result in the adulteration of product. A letter of guaranty from the manufacturer stating the ingredient or article is safe when used as an ingredient or in contact with food must be obtained by the custom processor and made available upon request to the department representative.(B) Ingredients for use in any product may not contain any pesticide chemical or other residues in excess of levels permitted under the federal Food, Drug, and Cosmetic Act.(9) Approval of substances for use.(A) No substance may be used in the preparation of any product unless it is a Food and Drug Administration-approved food additive.(B) No product may contain any substance that would render it adulterated.(C) Nitrates must not be used in curing bacon.(i) Nitrites in the form of sodium nitrite may be used at 120 parts per million (ppm) ingoing (or in the form of potassium nitrite at 148 ppm ingoing) maximum for injected, massaged, or immersion cured bacon; and 550 ppm of sodium ascorbate or sodium erythorbate (isoascorbate) for injected, massaged, or immersion cured bacon must be used.(ii) Sodium or potassium nitrite may be used at 2 pounds to 100 gallons pickle at 10% pump level; 1 ounce to 100 pounds meat (dry cure).(iii) Sodium ascorbate or sodium erythorbate (isoascorbate) may be used at 87.5 ounces to 100 gallons pickle at 10% pump level; 7/8 ounces to 100 pounds meat; or 10% solution to surfaces of cut meat.(iv) Sodium nitrite must not exceed 200 ppm ingoing or an equivalent amount of potassium nitrite (246 ppm ingoing) in dry cured bacon based on the actual or estimated skin-free green weight of the bacon belly.(D) When curing products other than bacon, nitrites, nitrates, or combination must not result in more than 200 ppm of nitrite in the finished product.(i) Sodium or potassium nitrite may be used at 2 pounds to 100 gallons pickle at 10% pump level; 1 ounce to 100 pounds meat (dry cure); or 1/4 ounce to 100 pounds chopped meat or meat byproduct.(ii) Sodium or potassium nitrate may be used at 7 pounds to 100 gallons pickle; 3-1/2 ounces to 100 pounds meat (dry cure); or 2-3/4 ounces to 100 pounds chopped meat. (Nitrates may not be used in bacon.)(10) Prescribed treatment of heat-treated meat and poultry products.(A) All forms of fresh meat and poultry, including fresh unsmoked sausage and pork such as bacon and jowls, are classified as products that are customarily well cooked in the home before being consumed. Therefore, the treatment of such products to destroy pathogens is not required.(B) Meat and poultry products, which are not customarily cooked or may not be cooked before consumption because they have the appearance of being fully cooked, must not contain pathogens.(i) Heat-treated, dry, semi-dry, and fermented meat products are required to be heated to an internal temperature according to the following chart:Attached Graphic(ii) Heat treated, dry, semi-dry, and fermented poultry products are required to be heated to an internal temperature according to the following chart:Attached Graphic(iii) Heat treated meat and poultry products that must be stored under refrigerated temperatures must be cooled quickly to prevent bacterial growth. During cooling, the product's maximum internal temperature must not remain between 130 degrees Fahrenheit and 80 degrees Fahrenheit for more than 1-1/2 hours nor between 80 degrees Fahrenheit and 40 degrees Fahrenheit for more than 5 hours. Custom processors may slowly cool cured products in accordance with Meat Safety Assurance (MSA) Directive 7111.1, Verification Procedures for Lethality and Stabilization, which may be viewed at www.dshs.texas.gov/meat-safety, or other substantiated support.(iv) Custom processors not utilizing a heating step as described in clauses (i), (ii), and (iii) of this subparagraph must submit an alternate procedure, describing the method utilized in determining safety, to a department representative.(v) Custom processors may produce heat-treated or ready-to-eat custom products, including chorizo, at temperatures other than those listed in clauses (i), (ii), and (iii) of this subparagraph when requested to do so by the owner of the product. The custom processor must obtain a signed statement from the owner of the product stating the risks associated with eating under-cooked meat products are understood.(C) When necessary to comply with the requirements of this section, smokehouses, drying rooms, and other compartments used in the treatment of meat and poultry products to destroy pathogens must be suitably equipped with accurate automatic recording thermometers by the operator of the custom processing establishment.(d) Animal Share Exemption Requirements. Livestock co-owned under an animal share program may be exempted from inspection under Texas Health and Safety Code §433.006 and are eligible to be custom slaughtered or custom processed under subsections (a) and (b) of this section. Livestock producers and custom exempt operators engaging in animal share programs must comply with the requirements of this subsection in addition to the requirements contained in subsections (a) and (b) of this section. Each animal share applies to one particular, identified livestock animal. A livestock producer may sell shares of more than one animal to a particular co-owner as long as those shares are collectively consistent with amounts for personal use. Each animal share is reflective of a defined percentage of the livestock animal on either a per animal basis or a percentage of portions, cuts, or products produced from the livestock animal. Livestock ownership must be documented and 100% of the animal must be designated before slaughter.(1) Animals for slaughter.(A) Animals presented for slaughter under an animal share must comply with all other requirements for animals slaughtered at the facility providing the slaughtering and processing services.(B) Animals under an animal share must be slaughtered at the facility providing the slaughtering and processing services and may not be slaughtered on ungranted premises and be presented for custom processing only.(C) The meat and meat food products are:(i) prepared from livestock subject to an animal share and delivered to the establishment preparing the products by a co-owner of the livestock or the livestock producer boarding the livestock; and(ii) following preparation, delivered directly to the co-owner or co-owners by either the custom exempt operator or the livestock producer.(D) The custom operator or livestock producer that delivers the product to the co-owner or co-owners is responsible for maintaining the product in wholesome, sanitary conditions, including maintaining the product under proper storage temperature and conditions until the product is delivered. If the livestock producer holds the product on behalf of the co-owner, the livestock producer must comply with all other regulatory requirements pertaining to the storage of such products.(2) Recordkeeping.(A) Custom exempt operators must:(i) maintain records and make them available as required by §221.14 of this subchapter;(ii) document the name, address, and telephone number of each co-owner of the animal share livestock animal presented. These documents must also include the date the livestock animal was delivered, the species, and amount defined as a percentage, based on either the entire animal or particular portions, cuts, or products, delivered to each co-owner;(iii) maintain additional records, including bills of sale, invoices, bills of lading, and receiving and shipping papers for transactions in which any carcass, meat, or meat food product is purchased, sold, shipped, received, transported, or otherwise handled by the custom processor; and(iv) provide to the livestock producer or co-owner, upon delivery of the meat or meat food products, written notice that conspicuously displays the warning that the department has not inspected the meat or meat food products.(B) Livestock producers must:(i) provide a bill of sale to the co-owner conveying an ownership interest in the animal;(ii) complete a written agreement, which, at a minimum, includes:(I) a provision authorizing the livestock producer to board the livestock and arrange preparation of the livestock as meat and meat food products for the co-owner; and(II) a provision entitling the co-owner to a share of meat and meat food products derived from the livestock;(iii) provide to the co-owner information describing the standards the livestock producer followed in maintaining livestock health and preparing the meat and meat food products derived from the livestock; and(iv) provide to the co-owner, upon delivery of the meat or meat food products, written notice that conspicuously displays the warning that the department has not inspected the meat or meat food products.(3) Marking and labeling of custom prepared animal share products.(A) Animal share meat and meat food products must be marked and labeled under the requirements in subsections (b)(8) and (c)(6) of this section.(B) On delivery of the meat or meat food products to the co-owner, the custom exempt operator must provide to the co-owner notice that the department has not inspected the meat or meat food products in:(i) a separate written statement that conspicuously displays the warning; or(ii) a warning statement conspicuously displayed on a label affixed to the meat or meat food product packaging.(4) Enforcement. A person may not sell, donate, or commercially redistribute meat or meat food products produced under this section. A person who violates this section is liable for a civil penalty in the amount of $10,000 for each violation as provided by §221.13(a)(2)(A)(ii) of this subchapter.(e) Low-Volume Poultry or Rabbit Slaughter Operations Requirements.(1) Animals for slaughter. Adulterated poultry or rabbits, as defined in §221.12(b)(2) of this subchapter, may not be slaughtered for the purpose of selling the carcass or parts for food. Only healthy poultry and rabbits, exhibiting no abnormalities, may be slaughtered for sale as food. Unhealthy or unsound poultry and rabbits are those that exhibit any condition not normally expected to be exhibited in a healthy and sound member of that species. Examples of abnormal or unsound animals include animals that are not able to get up, or animals that have a missing or abnormal eye, swellings, rectal or vaginal prolapse, ocular or nasal discharge, a cough, or a limp.(2) Record keeping.(A) Operators of facilities conducting slaughter under a Poultry or Rabbit Exemption must keep records such as bills of sale, invoices, bills of lading, and receiving and shipping papers for transactions in which any livestock or carcass, meat, or meat food product is purchased, sold, shipped, received, transported, or otherwise handled for a period of two years, beginning on January 1 of the previous year plus the current year to date.(B) The records must be available to department representatives on request.(3) Sanitary methods. Low-volume poultry or rabbit slaughter operations must be maintained in sanitary condition.(4) Marking and labeling of products. Carcasses and parts there from that are prepared under the Poultry or Rabbit Exemption must be packaged and the container must be marked with each of the following in letters at least 1/4 inch in height, unless otherwise stated:(A) the slaughterer's name and address and the term "Exempted P.L. 90-492" and the statement "Not Produced Under Inspection";(B) the common or usual name of the product, or a truthful descriptive designation of the product;(C) a special handling label such as, "Keep Refrigerated," "Keep Frozen," "Keep Refrigerated or Frozen," "Perishable - Keep Under Refrigeration," or any other similar statement that the establishment has received approval from the department to use; and(D) safe handling instructions must be in lettering no smaller than 1/16 of an inch in size and must be prominently placed with such conspicuousness (as compared with other words, statements, designs, or devices in the labeling) as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.(i) Safe handling information. The safe handling information must be presented on the label under the heading "Safe Handling Instructions," which must be set in type size larger than the print size of the rationale statement and safe handling statement. The safe handling information must be set off by a border and must be one color type printed on a single-color contrasting background whenever practical.(ii) Rationale statement. The safe handling instructions must include the following rationale statement, "This product was prepared from meat or poultry. Some food products may contain bacteria that could cause illness if the product is mishandled or cooked improperly. For your protection, follow these safe handling instructions." This statement must be placed immediately after the heading for safe handling instructions in clause (i) of this subparagraph and before the safe handling statement in clause (iii) of this subparagraph.(iii) Safe handling statement. The safe handling instructions must include the following safe handling statements.(I) "Keep refrigerated or frozen. Thaw in refrigerator or microwave." Any portion of this statement in conflict with the product's specific handling instructions may be omitted (e.g., some products may have specific instructions to cook without thawing). A graphic illustration of a refrigerator must be displayed next to the statement.(II) "Keep raw meat and poultry separate from other foods. Wash working surfaces (including cutting boards), utensils, and hands after touching raw meat or poultry." A graphic illustration of soapy hands under a faucet must be displayed next to the statement.(III) "Cook thoroughly." A graphic illustration of a skillet must be displayed next to the statement.(IV) "Keep hot foods hot. Refrigerate leftovers immediately or discard." A graphic illustration of a thermometer must be displayed next to the statement.