SECTION 54.1. Definitions  


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  • The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:

    (1) "Baby poultry"--Any newly hatched poultry that has not been fed or watered.

    (2) "Caretaker"--A person who is the owner or lessee of a pen, or other place on which fowl are located and has control of that place, or who exercises care or control over fowl.

    (3) "Distributor"--Any person engaged in sales and/or movement of live domestic or exotic fowl between a production system and a live bird market or fowl market or acquires domestic or exotic fowl from multiple flocks or geographic areas for resale to another person.

    (4) "Domestic Fowl"--Any species of fowl domestically propagated and maintained for food, eggs, or agricultural exhibition and recreation. Domestic Fowl includes, but is not limited to, the various domesticated breeds of chickens (Gallus gallus domesticus), turkeys (Meleagris gallopavo), Domestic Mallard ducks (Anas platyrhynchos domesticus), Muscovy ducks (Cairina moschata domesticus), Domestic geese (Anser anser domesticus).

    (5) "Exotic fowl"--Any avian species that is not indigenous to Texas, and normally used for non-agricultural purposes, such as companion pets, or for ornamental, exhibition, or entertainment purposes. Exotic Fowl includes, but is not limited to, budgerigars (i.e. budgies or parakeets), canaries, cockatiels, finches, parrots, and other cage birds. Exotic Fowl also includes ratites.

    (6) "Fowl Market"--location where domestic fowl or domestic and exotic fowl are assembled or concentrated at regular or irregular intervals for sale, trade, barter, or exchange.

    (7) "Hold Order"--A commission document restricting movement of a flock, unit, or individual fowl pending the determination of disease status.

    (8) "Live Bird Marketing Distributor"--Any person engaged in sales and/or movement of live domestic or exotic fowl between a production system and a live bird market or fowl market or acquires domestic or exotic fowl from multiple flocks or geographic areas for resale to another person.

    (9) "Live Bird Market" (LBM)--Any facility on which live domestic fowl or domestic and exotic fowl are congregated to be slaughtered and dressed for sale to the public or local restaurants.

    (10) "Live Bird Production Unit"--Any production facility that is the origin of live domestic fowl or domestic and exotic fowl offered for sale in a LBM.

    (11) "Live Bird Marketing System"--Any Live Bird Market, Live Bird Marketing Distributor, or Live Bird Production Unit.

    (12) "Person"--Any individual, firm, partnership, corporation, estate, trust, fiduciary, or other group or combination acting as a unit.

    (13) "Premises identification number" (PIN)--A unique official seven (7) character alpha numeric identification code issued under this chapter to identify a specific and unique premises.

    (14) "Seller"--Any person who sells, trades, exchanges or barters domestic or exotic fowl.

    (15) "Transporter"--A person that transports, for hire, domestic or exotic fowl from a producer premises to another premises, a live bird market, a fowl market or to another person.

Source Note: The provisions of this §54.1 adopted to be effective May 1, 2004, 29 TexReg 2628; amended to be effective March 25, 2009, 34 TexReg 1987