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(4)  Repealed by Acts 2023, 88th Leg., R.S., Ch. 854 (H.B. 3419), Sec. 1, eff. September 1, 2023.
(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.
Amended by: 
Acts 2023, 88th Leg., R.S., Ch. 854 (H.B. 3419), Sec. 1, eff. September 1, 2023.

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 (S.B. 1969), 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.