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Texas

Vernon's Texas Statutes and Codes Annotated. Agriculture Code. Title 6. Production, Processing, and Sale of Animal Products. Subtitle B. Livestock. Chapter 149. Sale of Horsemeat for Human Consumption.

Statute Details
Printable Version
Citation: V. T. C. A., Agriculture Code 149.001 - 007

Citation: TX AGRIC 149.001 - 007


Last Checked by Web Center Staff: 11/2013

Summary:   These statutes prohibit the sale of horsemeat, the possession of horsemeat with the intent to sell, and the knowing transfer of horsemeat to a person who intends to sell it for human consumption. Horsemeat is defined as the flesh of an animal of the genus equus.  Prima facie evidence of an offense is prescribed by these statues and includes the presence of horsemeat in a restaurant or cafe.  The penalty for an offense may be a fine of up to a $1,000, confinement for not less than 30 days and not more than two years, or both a fine and confinement.


Statute in Full:

 

§ 149.001. Definition 

In this chapter, "horsemeat" means the flesh of an animal of the genus equus. 

CREDIT(S)

Added by Acts 1991, 72nd Leg., ch. 16, § 2.01(a), eff. Aug. 26, 1991. 

 

§ 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. 

CREDIT(S)

Added by Acts 1991, 72nd Leg., ch. 16, § 2.01(a), eff. Aug. 26, 1991. 

 

§ 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. 

CREDIT(S)

Added by Acts 1991, 72nd Leg., ch. 16, § 2.01(a), eff. Aug. 26, 1991.  

 

§ 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. 

CREDIT(S)

Added by Acts 1991, 72nd Leg., ch. 16, § 2.01(a), eff. Aug. 26, 1991. 

 

§ 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.

CREDIT(S)

Added by Acts 1991, 72nd Leg., ch. 16, § 2.01(a), eff. Aug. 26, 1991. Amended by Acts 2009, 81st Leg., ch. 87, § 25.005, eff. Sept. 1, 2009. 

 

§ 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. 

CREDIT(S)

Added by Acts 1991, 72nd Leg., ch. 16, § 2.01(a), eff. Aug. 26, 1991.  

 

§ 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. 

CREDIT(S)

Added by Acts 1991, 72nd Leg., ch. 16, § 2.01(a), eff. Aug. 26, 1991.

 



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