Sec. 165.026.  FEEDING GARBAGE TO SWINE.  (a)  A person may not feed restricted garbage to swine or provide restricted garbage to any person for the purpose of feeding swine, except that 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.
(b)  A person may feed unrestricted garbage to swine only if the person first registers with and secures a permit from the commission.
(c)  The commission may adopt rules for registration under this section, including rules providing for registration issuance, revocation, and renewal, disease tests, inspections, bookkeeping, and appropriate handling and treatment of unrestricted garbage.  Registration with the commission shall be made on forms prescribed by the commission, and the commission shall furnish those forms on request.  The commission may impose a registration fee not to exceed $25 a year.
(d)  The commission or the executive director of the commission may issue an emergency administrative order to suspend a registration under this section or require the immediate quarantine and closure of a garbage feeding facility if the commission or the executive director determines that the practice presents a danger to public health or the livestock industry, including any danger related to an insect infestation or the transmission of a disease.  An order must expire not later than the end of the second month after the effective date of the order.
(e)  The commission or the commissioner may issue an order prohibiting the feeding of restricted garbage to swine in all or part of the state if the commission or the commissioner determines that the practice presents a danger to public health or the livestock industry, including any danger related to an insect infestation or the transmission of a disease.
(f)  This section does not apply to an individual who feeds unrestricted garbage from the individual's own household, farm, or ranch to swine owned by the individual.
(g)  The commission, in cooperation with the department and any other appropriate state agencies and political subdivisions, shall:
(1)  attempt to inform each supplier of restricted garbage and each individual feeding garbage to swine of the provisions of this section;
(2)  assist garbage feeding facilities and individuals feeding garbage to swine in identifying a source for obtaining unrestricted garbage;  and
(3)  adopt measures designed to ensure compliance with this section.
(h)  In this section:
(1)  "Restricted garbage" includes:
(A)  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;
(B)  the animal waste material by-products or commingled animal and vegetable waste material by-products of a restaurant, kitchen, cookery, or slaughterhouse;  and
(C)  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.
Acts 1981, 67th Leg., p. 1430, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1999, 76th Leg., ch. 764, Sec. 4, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1207, Sec. 1, eff. Sept. 1, 2001.