reglab/housing_qa huggingface dataset:
TX Health & Safety Code § 431.049 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 431 - Texas Food, Drug, and Cosmetic Act|Subchapter C. Enforcement|Section 431.049. Removal Order for Detained or Embargoed Article

Sec. 431.049.  REMOVAL ORDER FOR DETAINED OR EMBARGOED ARTICLE.  (a)  If the claimant of the detained or embargoed articles or the claimant's agent fails or refuses to transfer the articles to a secure place after the tag or other appropriate marking has been affixed as provided by Section 431.048, the department may order the transfer of the articles to one or more secure storage areas to prevent their unauthorized use, removal, or disposal.(b)  The department may provide for the transfer of the article if the claimant of the article or the claimant's agent does not carry out the transfer order in a timely manner.  The costs of the transfer shall be assessed against the claimant of the article or the claimant's agent.(c)  The claimant of the article or the claimant's agent shall pay the costs of the transfer.(d)  The department may request the attorney general to bring an action in the district court in Travis County to recover the costs of the transfer.  In a judgment in favor of the state, the court may award costs, attorney fees, court costs, and interest from the time the expense was incurred through the date the department is reimbursed.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 152, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 282, Sec. 3, eff. Sept. 1, 1997.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0951, eff. April 2, 2015.|
TX Health & Safety Code § 431.0495 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 431 - Texas Food, Drug, and Cosmetic Act|Subchapter C. Enforcement|Section 431.0495. Recall Orders

Sec. 431.0495.  RECALL ORDERS.  (a)  In conjunction with the issuance of an emergency order under Section 431.045 or the detention or embargo of an article under Section 431.048, the commissioner may order a food, drug, device, cosmetic, or consumer commodity to be recalled from commerce.(b)  The commissioner's recall order may require the articles to be removed to one or more secure areas approved by the department.(c)  The recall order must be in writing and signed by the commissioner.(d)  The recall order may be issued before or in conjunction with the affixing of the tag or other appropriate marking as provided by Section 431.048(a) or in conjunction with the commissioner's issuance of an emergency order under Section 431.045.(e)  The recall order is effective until the order:(1)  expires on its own terms;(2)  is withdrawn by the commissioner;(3)  is reversed by a court in an order denying condemnation under Section 431.050;  or(4)  is set aside at the hearing provided to affirm, modify, or set aside an emergency order under Section 431.045.(f)  The claimant of the articles or the claimant's agent shall pay the costs of the removal and storage of the articles removed.(g)  If the claimant or the claimant's agent fails or refuses to carry out the recall order in a timely manner, the commissioner may provide for the recall of the articles.  The costs of the recall shall be assessed against the claimant of the articles or the claimant's agent.(h)  The commissioner may request the attorney general to bring an action in the district court of Travis County to recover the costs of the recall.  In a judgment in favor of the state, the court may award costs, attorney fees, court costs, and interest from the time the expense was incurred through the date the department is reimbursed.|Added by Acts 1991, 72nd Leg., ch. 14, Sec. 153, eff. Sept. 1, 1991.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0952, eff. April 2, 2015.|
TX Health & Safety Code § 431.050 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 431 - Texas Food, Drug, and Cosmetic Act|Subchapter C. Enforcement|Section 431.050. Condemnation

Sec. 431.050.  CONDEMNATION.  An action for the condemnation of an article may be brought before a court in whose jurisdiction the article is located, detained, or embargoed if the article is adulterated, misbranded, or in violation of Section 431.084, 431.114, or 431.115.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 431.051 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 431 - Texas Food, Drug, and Cosmetic Act|Subchapter C. Enforcement|Section 431.051. Destruction of Article

Sec. 431.051.  DESTRUCTION OF ARTICLE.  (a)  A court shall order the destruction of a sampled article or a detained or embargoed article if the court finds that the article is adulterated or misbranded.(b)  After entry of the court's order, an authorized agent shall supervise the destruction of the article.(c)  The claimant of the article shall pay the cost of the destruction of the article.(d)  The court shall tax against the claimant of the article or the claimant's agent all court costs and fees, and storage and other proper expenses.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 431.052 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 431 - Texas Food, Drug, and Cosmetic Act|Subchapter C. Enforcement|Section 431.052. Correction by Proper Labeling or Processing

Sec. 431.052.  CORRECTION BY PROPER LABELING OR PROCESSING.  (a)  A court may order the delivery of a sampled article or a detained or embargoed article that is adulterated or misbranded to the claimant of the article for labeling or processing under the supervision of the department if:(1)  the decree has been entered in the suit;(2)  the costs, fees, and expenses of the suit have been paid;(3)  the adulteration or misbranding can be corrected by proper labeling or processing; and(4)  a good and sufficient bond, conditioned on the correction of the adulteration or misbranding by proper labeling or processing, has been executed.(b)  The claimant shall pay the costs of the supervision.(c)  The court shall order that the article be returned to the claimant and the bond discharged on the representation to the court by the department that the article no longer violates this chapter and that the expenses of the supervision are paid.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0953, eff. April 2, 2015.|
TX Health & Safety Code § 431.053 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 431 - Texas Food, Drug, and Cosmetic Act|Subchapter C. Enforcement|Section 431.053. Condemnation of Perishable Articles

Sec. 431.053.  CONDEMNATION OF PERISHABLE ARTICLES.  (a)  The department shall immediately condemn or render by any means unsalable as human food an article that is a nuisance under Subsection (b) and that the department finds in any room, building, or other structure or in a vehicle.(b)  Any meat, seafood, poultry, vegetable, fruit, or other perishable article is a nuisance if it:(1)  is unsound; (2)  contains a filthy, decomposed, or putrid substance;  or(3)  may be poisonous or deleterious to health or otherwise unsafe.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0954, eff. April 2, 2015.|
TX Health & Safety Code § 431.054 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 431 - Texas Food, Drug, and Cosmetic Act|Subchapter C. Enforcement|Section 431.054. Administrative Penalty

Sec. 431.054.  ADMINISTRATIVE PENALTY.  (a)  The department may assess an administrative penalty against a person who violates Subchapter B or an order adopted or registration issued under this chapter.(b)  In determining the amount of the penalty, the department shall consider:(1)  the person's previous violations;(2)  the seriousness of the violation;(3)  any hazard to the health and safety of the public;(4)  the person's demonstrated good faith; and(5)  such other matters as justice may require.(c)  The penalty may not exceed $25,000 a day for each violation.(d)  Each day a violation continues may be considered a separate violation.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 539, Sec. 4, eff. Sept. 1, 1991.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0955, eff. April 2, 2015.|
TX Health & Safety Code § 431.055 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 431 - Texas Food, Drug, and Cosmetic Act|Subchapter C. Enforcement|Section 431.055. Administrative Penalty Assessment Procedure

Sec. 431.055.  ADMINISTRATIVE PENALTY ASSESSMENT PROCEDURE.  (a)  An administrative penalty may be assessed only after a person charged with a violation is given an opportunity for a hearing.(b)  If a hearing is held, an administrative law judge of the State Office of Administrative Hearings shall make findings of fact and shall issue to the department a written proposal for decision regarding the occurrence of the violation and the amount of the penalty that may be warranted.(c)  If the person charged with the violation does not request a hearing, the department may assess a penalty after determining that a violation has occurred and the amount of the penalty that may be warranted.(d)  After making a determination under this section that a penalty is to be assessed against a person, the department shall issue an order requiring that the person pay the penalty.(e)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 3.1639(75), eff. April 2, 2015.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0956, eff. April 2, 2015.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1639(75), eff. April 2, 2015.|
TX Health & Safety Code § 431.056 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 431 - Texas Food, Drug, and Cosmetic Act|Subchapter C. Enforcement|Section 431.056. Payment of Administrative Penalty

Sec. 431.056.  PAYMENT OF ADMINISTRATIVE PENALTY.  (a)  Not later than the 30th day after the date an order finding that a violation has occurred is issued, the department shall inform the person against whom the order is issued of the amount of the penalty for the violation.(b)  Not later than the 30th day after the date on which a decision or order charging a person with a penalty is final, the person shall:(1)  pay the penalty in full; or(2)  file a petition for judicial review of the department's order contesting the amount of the penalty, the fact of the violation, or both.(b-1)  If the person seeks judicial review within the period prescribed by Subsection (b), the person may:(1)  stay enforcement of the penalty by:(A)  paying the amount of the penalty to the court for placement in an escrow account; or(B)  posting with the court a supersedeas bond for the amount of the penalty; or(2)  request that the department stay enforcement of the penalty by:(A)  filing with the court a sworn affidavit of the person stating that the person is financially unable to pay the penalty and is financially unable to give the supersedeas bond; and(B)  sending a copy of the affidavit to the department.(b-2)  If the department receives a copy of an affidavit under Subsection (b-1)(2), the department may file with the court, within five days after the date the copy is received, a contest to the affidavit.  The court shall hold a hearing on the facts alleged in the affidavit as soon as practicable and shall stay the enforcement of the penalty on finding that the alleged facts are true.  The person who files an affidavit has the burden of proving that the person is financially unable to pay the penalty or to give a supersedeas bond.(c)  A bond posted under this section must be in a form approved by the court and be effective until all judicial review of the order or decision is final.(d)  A person who does not send money to, post the bond with, or file the affidavit with the court within the period prescribed by Subsection (b) waives all rights to contest the violation or the amount of the penalty.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0957, eff. April 2, 2015.|
TX Health & Safety Code § 431.057 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 431 - Texas Food, Drug, and Cosmetic Act|Subchapter C. Enforcement|Section 431.057. Refund of Administrative Penalty

Sec. 431.057.  REFUND OF ADMINISTRATIVE PENALTY.  On the date the court's judgment that an administrative penalty against a person should be reduced or not assessed becomes final, the court shall order that:(1)  the appropriate amount of any penalty payment plus accrued interest be remitted to the person not later than the 30th day after that date; or(2)  the bond be released, if the person has posted a bond.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0958, eff. April 2, 2015.|
TX Health & Safety Code § 431.058 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 431 - Texas Food, Drug, and Cosmetic Act|Subchapter C. Enforcement|Section 431.058. Recovery of Administrative Penalty by Attorney General

Sec. 431.058.  RECOVERY OF ADMINISTRATIVE PENALTY BY ATTORNEY GENERAL.  The attorney general at the request of the department may bring a civil action to recover an administrative penalty under this subchapter.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0959, eff. April 2, 2015.|
TX Health & Safety Code § 431.0585 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 431 - Texas Food, Drug, and Cosmetic Act|Subchapter C. Enforcement|Section 431.0585. Civil Penalty

Sec. 431.0585.  CIVIL PENALTY.  (a)  At the request of the department, the attorney general or a district, county, or city attorney shall institute an action in district court to collect a civil penalty from a person who has violated Section 431.021.(b)  The civil penalty may not exceed $25,000 a day for each violation.  Each day of violation constitutes a separate violation for purposes of the penalty assessment.(c)  The court shall consider the following in determining the amount of the penalty:(1)  the person's history of any previous violations of Section 431.021;(2)  the seriousness of the violation;(3)  any hazard posed to the public health and safety by the violation;  and(4)  demonstrations of good faith by the person charged.(d)  Venue for a suit brought under this section is in the city or county in which the violation occurred or in Travis County.(e)  A civil penalty recovered in a suit instituted by a local government under this section shall be paid to that local government.|Added by Acts 1991, 72nd Leg., ch. 14, Sec. 154, eff. Sept. 1, 1991.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0960, eff. April 2, 2015.|
TX Health & Safety Code § 431.060 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 431 - Texas Food, Drug, and Cosmetic Act|Subchapter C. Enforcement|Section 431.060. Initiation of Proceedings

Sec. 431.060.  INITIATION OF PROCEEDINGS.  (a)  The attorney general, or a district, county, or municipal attorney to whom the department or a health authority reports a violation of this chapter, shall initiate and prosecute appropriate proceedings without delay.(b)  The department or attorney general may, as authorized by Section 307 of the federal Act, bring in the name of this state a suit for civil penalties or to restrain a violation of Section 401 or Section 403(b) through (i), (k), (q), or (r) of the federal Act if the food that is the subject of the proceedings is located in this state.(c)  The department or attorney general may not bring a proceeding under Subsection (b):(1)  before the 31st day after the date on which the state has given notice to the secretary of its intent to bring a suit;(2)  before the 91st day after the date on which the state has given notice to the secretary of its intent to bring a suit if the secretary has, not later than the 30th day after receiving notice from the state, commenced an informal or formal enforcement action pertaining to the food that would be the subject of the suit brought by the state; or(3)  if the secretary is diligently prosecuting a suit in court pertaining to that food, has settled a suit pertaining to that food, or has settled the informal or formal enforcement action pertaining to that food.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 459, Sec. 2, eff. Sept. 1, 1993.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0962, eff. April 2, 2015.|
TX Health & Safety Code § 431.061 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 431 - Texas Food, Drug, and Cosmetic Act|Subchapter C. Enforcement|Section 431.061. Minor Violation

Sec. 431.061.  MINOR VIOLATION.  This chapter does not require the department or a health authority to report for prosecution or the institution of proceedings under this chapter a minor violation of this chapter if the department or health authority believes that the public interest is adequately served by a suitable written notice or warning.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0963, eff. April 2, 2015.|
TX Health & Safety Code § 431.083 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 431 - Texas Food, Drug, and Cosmetic Act|Subchapter D. Food|Section 431.083. Food Labeling Exemptions

Sec. 431.083.  FOOD LABELING EXEMPTIONS.  (a)  Except as provided by Subsection (c), the executive commissioner shall adopt rules exempting from any labeling requirement of this chapter:(1)  small open containers of fresh fruits and fresh vegetables; and(2)  food that is in accordance with the practice of the trade, to be processed, labeled, or repacked in substantial quantities at establishments other than those where originally processed or packed, on conditions that the food is not adulterated or misbranded under the provisions of this chapter when removed from the processing, labeling, or repacking establishment.(b)  Food labeling exemptions adopted under the federal Act apply to food in this state except as modified or rejected by department rules.(c)  The executive commissioner may not adopt rules under Subsection (a) to exempt foods from the labeling requirements of Sections 403(q) and (r) of the federal Act.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 459, Sec. 4, eff. Sept. 1, 1993.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0966, eff. April 2, 2015.|
TX Health & Safety Code § 431.084 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 431 - Texas Food, Drug, and Cosmetic Act|Subchapter D. Food|Section 431.084. Emergency Permits for Foods Contaminated With Microorganisms

Sec. 431.084.  EMERGENCY PERMITS FOR FOODS CONTAMINATED WITH MICROORGANISMS.  (a)  The department shall provide for the issuance of temporary permits to a manufacturer, processor, or packer of a class of food in any locality that provides conditions for the manufacture, processing, or packing for the class of food as necessary to protect the public health only if the department finds after investigation that:(1)  the distribution in this state of a class of food may, because the food is contaminated with microorganisms during the manufacture, processing, or packing of the food in any locality, be injurious to health; and(2)  the injurious nature of the food cannot be adequately determined after the food has entered commerce.(b)  The executive commissioner by rule shall establish standards and procedures for the enforcement of this section.(c)  During the period for which permits are issued for a class of food determined by the department to be injurious under Subsection (a), a person may not introduce or deliver for introduction into commerce the food unless the person is a manufacturer, processor, or packer who has a permit issued by the department as authorized by rules adopted under this section.(d)  The department may immediately suspend a permit issued under this section if a condition of the permit is violated.  An immediate suspension is effective on notice to the permit holder.(e)  A holder of a permit that has been suspended may at any time apply for the reinstatement of the permit.  Immediately after a hearing and an inspection of the permit holder's establishment, the department shall reinstate the permit if adequate measures have been taken to comply with and maintain the conditions of the permit as originally issued or as amended.(f)  A permit holder shall provide access to the permit holder's factory or establishment to the department to allow the department to determine whether the permit holder complies with the conditions of the permit.  Denial of access is grounds for suspension of the permit until the permit holder freely provides the access.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0967, eff. April 2, 2015.|