SECTION 55.3. Feeding of Garbage Requirements and Garbage Feeding Facility Permit

(a) In addition to the definitions set forth in the Texas Agriculture Code, Chapter 165, 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 or 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, except a facility operated by the Texas Department of Criminal Justice may feed restricted garbage to swine if the garbage is properly treated in accordance with applicable federal requirements.

(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 swine 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 swine 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 two years from the date of issuance.

(2) 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 the applicant;

(B) Physical location of the garbage feeding facility;

(C) Type of garbage to be fed; and

(D) Name, address and telephone number of the source for garbage or potential garbage received.

(3) Renewal. To renew a garbage feeding facility permit, a person must submit an application on a form prescribed by the commission 30 to 60 days prior to the expiration of the permit:

(A) A disease risk analysis shall be conducted by the commission on each registered location 30-60 days prior to expiration of the permit.

(B) If an application for the renewal of a permit is not properly completed between 30 and 60 days prior to its expiration, the permit will terminate at the end of its stated term.

(C) A permit expiration date may be extended if the renewal application is pending completion due to the disease risk analysis and any required testing resulting from the analysis.

(D) The commission may revoke or deny renewal of a permit if a garbage feeding facility fails to meet the requirements of this section or violates any provision of Chapters 161 or 165 of the Texas Agriculture Code. The revocation or denial will remain in effect until the deficiencies causing the revocation or denial are corrected and any penalties assessed as a result of the revocation or denial are satisfied. The garbage feeding facility permit may be revoked for blatant or repetitive violation(s) of this section or Chapters 161 or 165 of the Texas Agriculture Code.

(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 to feed each hog.

(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 during normal business hours. The log shall be maintained for one year from the date of entry.

(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 shall not 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) Animal carcasses shall be removed from the registered location premises promptly and disposed of in accordance with §59.12 of this title and applicable state and local ordinances.

(i) In addition to any other violations that may arise under the act or this chapter, it is a violation for any person to falsify an application.

Source Note: The provisions of this §55.3 adopted to be effective December 11, 2001, 26 TexReg 10047; amended to be effective June 11, 2008, 33 TexReg 4501; amended to be effective October 21, 2021, 46 TexReg 7044