BG C.S.H.B. 1823 75(R)BILL ANALYSIS PUBLIC HEALTH C.S.H.B. 1823 By: Glaze 4-10-97 Committee Report (Substituted) BACKGROUND The Texas Department of Health (TDH) issues permits to individuals who slaughter and process customer-owned animals for the customer's own consumption, thereby ensuring that the facilities meet minimum sanitary standards and continue to comply with state regulations. Although state law references the federal law in terms of the state's authority in this area, such a permit is not required under federal law. In addition, there is an inconsistency in the Texas Meat and Poultry Inspection Act (TMPIA) regarding the inspection of exotic animals and ratites at slaughter and processing. PURPOSE CSHB 1823 gives TDH the authority to exempt from inspection, animals slaughtered but not for sale, and returned to the owner for the owner's personal use, consistent with federal meat inspection regulations, by extending the current personal use exemption to custom slaughterers and processors. The bill also clarifies TDH's authority to require inspections of exotic animals and ratites at slaughter and processing and to issue permits for custom operators. RULEMAKING AUTHORITY It is the committee's opinion that this bill expressly grants additional rulemaking authority to TDH in SECTION 3 (Section 433.008(c), Health and Safety Code). SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 433.006, Health and Safety Code, as follows: Subsection (a) replaces the word "animal" with "livestock" and omits language pertaining to slaughtering "by a person on the person's own premises." Adds conditional clauses which extend the personal use exemption, as specified, in regards to livestock slaughtered and/or processed by another individual for the owner of the animal. Makes conforming changes. Subsection (b) clarifies that articles prepared by a processing establishment under subsection (a) are still subject to the adulteration and misbranding provisions of the chapter. Subsection (c) is added to provide that nothing in this section should be construed to grant personal use exception to an owner intending to give any parts or products to any person other than those specified in subsection (a)(1). SECTION 2. Amends Section 433.007(b), Health and Safety Code, by deleting the phrase "only to the extent provided by those Acts." This will remove a contradiction in the current law. SECTION 3. Amends Section 433.008, Health and Safety Code, by adding Subsection (c) to allow TDH to adopt rules requiring a processing establishment that processes animals under Section 433.006(a)(2) to obtain a grant of custom exemption for that activity. SECTION 4. Emergency clause. Establishes that this Act takes effect upon passage. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute for HB 1823 contains non-substantive changes as recommended by Legislative Council.