| (a) In addition to the definitions set out in the Texas Agriculture Code, Chapter 165 and Chapter 55 of this title (relating to Swine) and Chapter 35 Subchapter B, of this title (relating to Brucellosis), the following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise: (1) Restricted garbage--includes the animal refuse matter and the putrescible animal waste resulting from handling, preparing, cooking, or consuming food containing all or part of an animal carcass, the animal waste material by-products or commingled animal and vegetable waste material by-products of a restaurant, kitchen, cookery, or slaughterhouse, and refuse accumulations of animal matter, commingled animal and vegetable matter, liquid or otherwise. (2) Unrestricted garbage--includes the vegetable, fruit, dairy, or baked goods refuse matter and vegetable waste and refuse accumulations resulting from handling, preparing, cooking, or consuming food containing only vegetable matter, liquid or otherwise. (3) Person--includes any individual, partnership, association, corporation, company, joint stock association, governmental subdivision, public or private organization of any character, body politic or any organized group of persons, whether incorporated or not; including any trustee, receiver, assignee, or similar representative thereof. (b) A person is prohibited from feeding restricted garbage to swine or providing restricted garbage to any person for the purpose of feeding swine. (c) A person may feed unrestricted garbage to swine only if the person first registers with and secures a permit from the commission. (1) Each location where unrestricted garbage is fed to swine shall be registered with the Commission. (2) Registered locations shall be issued a permit upon compliance with the requirements contained in this section. (3) Feral swine shall not be fed on the premises of a registered location. (4) Prior to registration/re-registration approval, a brucellosis and pseudorabies negative test may be required on all breeding swine based on the outcome of a disease risk analysis of the herd. Tests for other diseases may be conducted on the samples collected for registration approval or renewal. (5) An annual disease risk analysis shall be conducted by a state or federal inspector on each registered location. (6) As determined by an analysis of risk for brucellosis and pseudorabies and other diseases of concern that may be transmitted among swine or to other species of livestock, the commission may require a test or tests of swine on the registered location at any time the commission determines that the risk is sufficient to warrant a test. (d) Garbage feeding permit. (1) Permits are valid for a two year period from the date of issuance. (2) Application. Application for a permit shall be submitted on a form prescribed by the Commission providing at least the following information: (A) Name, address and telephone number of applicant (B) Physical location of the garbage feeding facility (C) Type of garbage to be fed and source(s) of garbage received (3) Renewal. (A) A disease risk analysis shall be conducted on each registered location 30 - 60 days prior to expiration of the permit and it will be necessary to reapply. (B) If a properly completed application for the renewal of a permit is not made between 30 - 60 days prior to its expiration, the permit will terminate at the end of its stated term. (C) An extension of the permit expiration date may be provided pending completion of the disease risk analysis and any required testing resulting from the analysis. (e) Inspection authority. (1) For the purpose of inspection, examination, or sampling, Commission representatives are entitled to enter at reasonable hours any building or place owned, controlled, or operated by a permitted person if from probable cause it appears that the building or place is in the business of feeding garbage to swine. (2) A commission representative shall perform inspections of applicants for registration at a time when normal feeding activities can be observed. (f) Facilities. (1) Garbage shall not be fed on the ground. (2) If feeding platforms are used, there must be watertight platform space of at least three square feet for each hog to be fed. (3) If troughs are used, at least one linear foot must be supplied for each hog to be fed. (g) Records: The permit holder shall maintain a daily log reflecting the amount of garbage collected and the sources of such garbage. A copy of the log shall be provided to a commission representative upon request. (h) Sanitation (1) Water. (A) There shall be a sufficient supply of water for cleaning. (B) There shall be a sufficient supply of clean water available for swine to drink at all times. (C) Shelters and feeding areas shall be constructed to provide for satisfactory drainage. (2) Rodent and Pest Control. (A) Effective fly and rodent control measures shall be used. (B) Containers used to transport or store garbage shall be closed and sufficiently sealed to prevent access by rodents or insects. These containers shall be kept clean and free from accumulations of grease or foreign matter. (3) Excess garbage shall be removed from the premises, and is not to remain on the premises over 36 hours. Unused, excess, or spoiled garbage shall be buried or burned and shall under no circumstances be poured or dumped in the feeding or cooking area. (4) Dead animals shall be removed from the registered location premises promptly and disposed of in accordance with local ordinances. (i) Violations and Penalties. In addition to any other violations that may arise under the act or this chapter: (1) It is a violation for any person to falsify an application. (2) Any violation of these rules is subject to the appropriate administrative, civil or criminal penalties. In addition, the agency may revoke or deny renewal of a permit, and/or assess administrative penalties against any person for a violation of these rules. (j) The prohibition contained in subsection (b) of this section is nonapplicable for a facility operated by the Texas Department of Criminal Justice if the garbage is properly treated in accordance with applicable federal requirements. |
