CHAPTER 149. SALE OF HORSEMEAT FOR HUMAN CONSUMPTION - Texas Statutes

AGRICULTURE CODE

TITLE 6. PRODUCTION, PROCESSING, AND SALE OF ANIMAL PRODUCTS

SUBTITLE B. LIVESTOCK

CHAPTER 149. SALE OF HORSEMEAT FOR HUMAN CONSUMPTION

Sec. 149.001. DEFINITION. In this chapter, "horsemeat" means

the flesh of an animal of the genus equus.

Added by Acts 1991, 72nd Leg., ch. 16, Sec. 2.01(a), eff. Aug.

26, 1991.

Sec. 149.002. SALE OR POSSESSION OF HORSEMEAT. A person commits

an offense if:

(1) the person sells, offers for sale, or exhibits for sale

horsemeat as food for human consumption; or

(2) the person possesses horsemeat with the intent to sell the

horsemeat as food for human consumption.

Added by Acts 1991, 72nd Leg., ch. 16, Sec. 2.01(a), eff. Aug.

26, 1991.

Sec. 149.003. TRANSFER OF HORSEMEAT. A person commits an

offense if the person:

(1) transfers horsemeat to a person who intends to sell the

horsemeat, offer or exhibit it for sale, or possess it for sale

as food for human consumption; and

(2) knows or in the exercise of reasonable discretion should

know that the person receiving the horsemeat intends to sell the

horsemeat, offer or exhibit it for sale, or possess it for sale

as food for human consumption.

Added by Acts 1991, 72nd Leg., ch. 16, Sec. 2.01(a), eff. Aug.

26, 1991.

Sec. 149.004. PRIMA FACIE EVIDENCE OF OFFENSE. In a prosecution

under this chapter, any of the following is prima facie evidence

of an offense:

(1) the presence of horsemeat in a retail store in which the

meat of cattle, sheep, goats, or hogs is exhibited or kept for

sale, unless the horsemeat is in a package or container of not

more than five pounds and is plainly labeled "horsemeat";

(2) the presence of horsemeat in the wholesaler's establishment,

warehouse, meat locker, meat cooler, or other place of storage or

handling of the meat of cattle, sheep, goats, or hogs, unless the

horsemeat is in a package or container of not more than five

pounds and is plainly labeled "horsemeat";

(3) the presence of horsemeat mixed or commingled with the meat

of cattle, sheep, goats, or hogs in hamburger, sausage, or other

processed meat products;

(4) the transportation of horsemeat between the hours of 10 p.m.

and 4 a.m., unless the horsemeat is in individual packages or

containers of not more than five pounds and is plainly labeled

"horsemeat";

(5) the presence of horsemeat in or the delivery or attempted

delivery of horsemeat to a restaurant or cafe; and

(6) the presence of horsemeat in or the delivery or attempted

delivery of horsemeat to an establishment that prepares, cans, or

processes food products for human consumption from the meat of

cattle, sheep, goats, or hogs.

Added by Acts 1991, 72nd Leg., ch. 16, Sec. 2.01(a), eff. Aug.

26, 1991.

Sec. 149.005. PENALTY. (a) An offense under this chapter is

punishable by:

(1) a fine of not more than $1,000;

(2) confinement in jail for not less than 30 days nor more than

two years; or

(3) both the fine and confinement.

(b) A second or subsequent offense under this chapter is

punishable by imprisonment in the Texas Department of Criminal

Justice for not less than two years nor more than five years.

Added by Acts 1991, 72nd Leg., ch. 16, Sec. 2.01(a), eff. Aug.

26, 1991.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 25.005, eff. September 1, 2009.

Sec. 149.006. INJUNCTION. On a conviction of an offense under

this chapter, the court shall enjoin the defendant from

slaughtering animals, selling meat, transporting meat, or in any

manner purveying meat to the public as food for human

consumption. Each day the injunction is violated constitutes a

separate contempt.

Added by Acts 1991, 72nd Leg., ch. 16, Sec. 2.01(a), eff. Aug.

26, 1991.

Sec. 149.007. EFFECT ON MUNICIPAL ORDINANCES. (a) Except as

provided by Subsection (b) of this section, this chapter does not

affect any provision of a municipal ordinance regulating the sale

or possession of horsemeat or the licensing of horsemeat dealers.

(b) A municipal ordinance that directly conflicts with this

chapter has no effect.

Added by Acts 1991, 72nd Leg., ch. 16, Sec. 2.01(a), eff. Aug.

26, 1991.