reglab/housing_qa huggingface dataset:
TX Health & Safety Code § 436.028 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 436 - Aquatic Life|Subchapter C. Enforcement|Section 436.028. Detained or Embargoed Article

Sec. 436.028.  DETAINED OR EMBARGOED ARTICLE.  (a)  The department may detain or embargo molluscan shellfish or crabmeat if the department believes or has probable cause to believe that the molluscan shellfish or crabmeat:(1)  is adulterated; or(2)  is misbranded so that the molluscan shellfish or crabmeat is dangerous or fraudulent under this chapter.(b)  The department shall affix to any molluscan shellfish or crabmeat a tag or other appropriate marking that gives notice that the molluscan shellfish or crabmeat is, or is suspected of being, adulterated or misbranded and that the molluscan shellfish or crabmeat has been detained or embargoed.(c)  The tag or marking on a detained or embargoed article must prohibit the removal or disposal of the article unless permission is given by the department or a court.(d)  A person may not remove a detained or embargoed article from the premises or dispose of it without permission of the department or a court.  The department may permit perishable goods to be moved to a place suitable for proper storage.(e)  The department shall remove the tag or other marking from a detained or embargoed article if the department believes that the article is not adulterated or misbranded.(f)  The claimant of a detained or embargoed article may move the article to a secure storage area with the permission of the department.|Added by Acts 1993, 73rd Leg., ch. 336, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1096, eff. April 2, 2015.|
TX Health & Safety Code § 436.029 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 436 - Aquatic Life|Subchapter C. Enforcement|Section 436.029. Removal Order for Detained or Embargoed Article

Sec. 436.029.  REMOVAL ORDER FOR DETAINED OR EMBARGOED ARTICLE.  (a)  The department may order the claimant or the claimant's agent to move a detained or embargoed article to a secure place to prevent the unauthorized disposal or removal of the article.(b)  If the claimant fails to carry out the order, the department may move the article.(c)  If the department moves the article, the department shall assess the cost of removal against the claimant.(d)  The department may request the attorney general to bring an action in the district court in Travis County to recover the costs of removal.  In a judgment in favor of the state, the court may award costs, attorney fees, and interest from the date the expense was incurred until the date the department is reimbursed.|Added by Acts 1993, 73rd Leg., ch. 336, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1097, eff. April 2, 2015.|
TX Health & Safety Code § 436.030 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 436 - Aquatic Life|Subchapter C. Enforcement|Section 436.030. Recall From Commerce

Sec. 436.030.  RECALL FROM COMMERCE.  (a)  The department may order a recall of molluscan shellfish or crabmeat with:(1)  the detention or embargo of molluscan shellfish or crabmeat;(2)  the issuance of an emergency order under Section 436.025; or(3)  both.(b)  The recall order may require that the molluscan shellfish or crabmeat be removed to one or more secure areas approved by the department.(c)  The recall order must be in writing and be signed by the commissioner and may be issued:(1)  before or in conjunction with a tag or other marking as provided by Section 436.028;(2)  with an emergency order authorized by Section 436.025; or(3)  both.(d)  The recall order is effective until it expires by its own terms, is withdrawn by the department, is reversed by a court in an order denying condemnation, or is set aside at a hearing authorized by Section 436.025.(e)  The claimant shall pay the costs of the removal and storage of a recalled product.  If the claimant or the claimant's agent fails to carry out the recall order, the department may recall the product.  The department shall assess the costs of the recall against the claimant.(f)  The department may request the attorney general to bring an action in a district court in Travis County to recover the costs of recall.  In a judgment in favor of the state, the court may award costs, attorney fees, and interest from the date the expense was incurred until the date the department is reimbursed.|Added by Acts 1993, 73rd Leg., ch. 336, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1098, eff. April 2, 2015.|
TX Health & Safety Code § 436.031 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 436 - Aquatic Life|Subchapter C. Enforcement|Section 436.031. Condemnation

Sec. 436.031.  CONDEMNATION.  If molluscan shellfish or crabmeat is adulterated or misbranded, an action for the condemnation of the molluscan shellfish or crabmeat may be filed in a district court in whose jurisdiction the molluscan shellfish or crabmeat is located.|Added by Acts 1993, 73rd Leg., ch. 336, Sec. 1, eff. Sept. 1, 1993.|
TX Health & Safety Code § 436.032 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 436 - Aquatic Life|Subchapter C. Enforcement|Section 436.032. Destruction of Molluscan Shellfish or Crabmeat

Sec. 436.032.  DESTRUCTION OF MOLLUSCAN SHELLFISH OR CRABMEAT.  (a)  The court may order the destruction of sampled, detained, or embargoed molluscan shellfish or crabmeat if the court finds that the article is adulterated or misbranded.(b)  After entry of the court's order, the department shall supervise the destruction of the article.(c)  The claimant shall pay the cost of the destruction of the article.(d)  The court shall order the claimant or the claimant's agent to pay court costs, storage fees, and other proper expenses.|Added by Acts 1993, 73rd Leg., ch. 336, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1099, eff. April 2, 2015.|
TX Health & Safety Code § 436.033 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 436 - Aquatic Life|Subchapter C. Enforcement|Section 436.033. Correction by Proper Labeling

Sec. 436.033.  CORRECTION BY PROPER LABELING.  (a)  A court may order the delivery of sampled, detained, or embargoed molluscan shellfish or crabmeat that is misbranded to the claimant for relabeling under the supervision of the department if:(1)  the court costs and other expenses have been paid;(2)  proper labeling can correct the misbranding; and(3)  the claimant executes a bond, conditioned on the correction of the misbranding by proper labeling.(b)  The claimant shall pay the costs of the supervision.(c)  The court shall order the return of the molluscan shellfish or crabmeat to the claimant if the department represents to the court that the molluscan shellfish or crabmeat no longer violates this chapter and that the expenses of supervision are paid.|Added by Acts 1993, 73rd Leg., ch. 336, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1100, eff. April 2, 2015.|
TX Health & Safety Code § 436.034 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 436 - Aquatic Life|Subchapter C. Enforcement|Section 436.034. Administrative Penalty

Sec. 436.034.  ADMINISTRATIVE PENALTY.  (a)  The department may assess an administrative penalty against a person who violates Section 436.011 or an order 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)  the hazard to the health and safety of the public;(4)  the person's demonstrated good faith; and(5)  other matters as justice may require.(c)  The penalty may not exceed $25,000 a day for each violation.(d)  Each day of a continuing violation constitutes a separate violation.|Added by Acts 1993, 73rd Leg., ch. 336, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1101, eff. April 2, 2015.|
TX Health & Safety Code § 436.035 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 436 - Aquatic Life|Subchapter C. Enforcement|Section 436.035. Administrative Penalty Assessment Procedure

Sec. 436.035.  ADMINISTRATIVE PENALTY ASSESSMENT PROCEDURE.  (a)  The department may assess an administrative penalty only after a person charged with a violation is given an opportunity for a hearing.(b)  If a hearing is to be held, the department shall refer the matter to the State Office of Administrative Hearings, and an administrative law judge of that office shall make findings of fact and shall issue a written proposal for decision regarding the violation and the amount of the penalty.(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.(d)  The department shall issue an order requiring a person to pay a penalty assessed under this section.|Added by Acts 1993, 73rd Leg., ch. 336, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1102, eff. April 2, 2015.|
TX Health & Safety Code § 436.036 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 436 - Aquatic Life|Subchapter C. Enforcement|Section 436.036. Payment of Administrative Penalty

Sec. 436.036.  PAYMENT OF ADMINISTRATIVE PENALTY.  (a)  Not later than the 30th day after the date an order is issued under Section 436.035(d), the department shall notify the person against whom the penalty is assessed of the order and the amount of the penalty.(b)  Not later than the 30th day after the date notice of the order is given to the person, 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 findings of the department, or both.(c)  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 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.(c-1)  If the department receives a copy of an affidavit under Subsection (c)(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.(d)  A bond posted under this section must be in a form approved by the court and must be effective until judicial review of the order or decision is final.(e)  A person who does not send the money to, post the bond with, or file the affidavit with the court within the period described by Subsection (b) waives all rights to contest the violation or the amount of the penalty.(f)  The attorney general, at the request of the department, may bring a civil action to recover an administrative penalty assessed under this subchapter.|Added by Acts 1993, 73rd Leg., ch. 336, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1103, eff. April 2, 2015.|
TX Health & Safety Code § 436.037 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 436 - Aquatic Life|Subchapter C. Enforcement|Section 436.037. Refund of Administrative Penalty

Sec. 436.037.  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.|Added by Acts 1993, 73rd Leg., ch. 336, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1104, eff. April 2, 2015.|
TX Health & Safety Code § 436.038 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 436 - Aquatic Life|Subchapter C. Enforcement|Section 436.038. Criminal Penalty; Defenses

Sec. 436.038.  CRIMINAL PENALTY;  DEFENSES.  (a)  A person commits an offense if the person intentionally, knowingly, recklessly, or with criminal negligence commits an unlawful act under Section 436.011.(b)  A violation of Section 436.011(1), (2), or (3) is a Class B Parks and Wildlife Code misdemeanor under Section 12.405, Parks and Wildlife Code.  Each day of a continuing violation constitutes a separate offense.  Commissioned officers of the Parks and Wildlife Department shall enforce Sections 436.011(1), (2), and (3).(c)  If it is shown at trial that the defendant has been convicted once within five years before the trial date of a violation of Section 436.011(1) or (2), a violation by the defendant under Section 436.011(1) or (2) is a Class A Parks and Wildlife Code misdemeanor under Section 12.404, Parks and Wildlife Code.(d)  If it is shown at trial that the defendant has been convicted two or more times within five years before the trial date of a violation of Section 436.011(1) or (2), a violation by the defendant under Section 436.011(1) or (2) is a Parks and Wildlife Code felony under Section 12.407, Parks and Wildlife Code.(e)  A violation of Section 436.011(4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), or (15) is a Class A misdemeanor.  Each day of a continuing violation constitutes a separate offense.(f)  A person is not subject to the penalties of Subsection (e) if the person received molluscan shellfish or crabmeat in commerce and delivered or offered to deliver the molluscan shellfish or crabmeat in good faith, unless the person refuses to furnish on request of the department or a health authority the name and address of the person from whom the product was received and copies of any documents relating to the receipt of the product.(g)  A publisher, radiobroadcast licensee, or agency or medium for the publication or broadcast of an advertisement, except the harvester, processor, distributor, or seller of molluscan shellfish or crabmeat to which a false advertisement relates, is not liable under this section for the publication or broadcast of the false advertisement unless the person has refused to furnish, on the request of the department, the name and address of the harvester, processor, distributor, seller, or advertising agency residing in this state who caused the person to publish or broadcast the advertisement.(h)  A person is not subject to the penalties of Subsection (e) for a violation of Section 436.011 involving misbranded molluscan shellfish or crabmeat if the violation exists only because the product is misbranded because of a mistake in advertising, unless the violation is committed with intent to defraud or mislead.|Added by Acts 1993, 73rd Leg., ch. 336, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1105, eff. April 2, 2015.|
TX Health & Safety Code § 436.039 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 436 - Aquatic Life|Subchapter C. Enforcement|Section 436.039. Initiation of Proceedings

Sec. 436.039.  INITIATION OF PROCEEDINGS.  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 prosecute without delay.|Added by Acts 1993, 73rd Leg., ch. 336, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1106, eff. April 2, 2015.|
TX Health & Safety Code § 436.040 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 436 - Aquatic Life|Subchapter C. Enforcement|Section 436.040. Minor Violation

Sec. 436.040.  MINOR VIOLATION.  This chapter does not require the department or a health authority to report for prosecution a minor violation of this chapter if the department or health authority believes that the public interest is adequately served by a written warning.|Added by Acts 1993, 73rd Leg., ch. 336, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1107, eff. April 2, 2015.|
TX Health & Safety Code § 436.061 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 436 - Aquatic Life|Subchapter D. Adulterated Aquatic Life|Section 436.061. Adulterated Aquatic Life

Sec. 436.061.  ADULTERATED AQUATIC LIFE.  (a)  A species of aquatic life is adulterated if it has been taken from an area declared prohibited for that species by the department.(b)  Molluscan shellfish or crabmeat is adulterated if:(1)  it bears or contains a poisonous or deleterious substance that may render it injurious to health unless the substance is a naturally occurring substance and the quantity of the substance in the molluscan shellfish or crabmeat does not ordinarily render the substance injurious to health;(2)  it consists in whole or in part of a diseased, contaminated, filthy, or putrid substance or if it is otherwise unfit for human consumption;(3)  it has been produced, prepared, packed, or held under unsanitary conditions whereby it may have become contaminated with filth or may have been rendered diseased, unwholesome, or injurious to health;(4)  it is in whole or in part the product of diseased aquatic life or has died otherwise than by taking;(5)  its container is made in whole or in part of a poisonous or deleterious substance that may render the contents injurious to health;(6)  it has been intentionally exposed to radiation, unless the use of the radiation complied with a regulation or an exemption under Section 409, Federal Food, Drug, and Cosmetic Act (21 U.S.C. Section 348);(7)  a substance has been substituted in whole or in part for it;(8)  damage to or inferiority of the product has been concealed;(9)  a substance has been added, mixed, or packed to increase its bulk or weight, to reduce its quality or strength, or to make it appear better or of greater value than it is;(10)  it contains a chemical substance containing sulphites, sulphur dioxide, or any other chemical preservative that is not approved by the Animal and Plant Health Inspection Service or by department rules;(11)  the molluscan shellfish have been taken from a closed area;(12)  the molluscan shellfish have been taken from a restricted or conditionally restricted area and have not been purified under department rules;(13)  the molluscan shellfish have been processed by a person without a shellfish certificate;(14)  the molluscan shellfish have not been handled and packaged in accordance with department rules;(15)  the crabmeat has been processed by a person without a crabmeat processing license; or(16)  the crabmeat was not picked, packed, or pasteurized in accordance with department rules.|Added by Acts 1993, 73rd Leg., ch. 336, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1108, eff. April 2, 2015.|
TX Health & Safety Code § 436.071 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 436 - Aquatic Life|Subchapter E. Misbranding|Section 436.071. Misbranded Molluscan Shellfish and Crabmeat

Sec. 436.071.  MISBRANDED MOLLUSCAN SHELLFISH AND CRABMEAT.  Molluscan shellfish or crabmeat is misbranded if:(1)  its labeling is false, misleading, or fails to conform with the requirements of Section 436.081;(2)  it is offered for sale under the name of another food;(3)  its container is made, formed, or filled so as to be misleading;(4)  a word, statement, or other information required by this chapter or a rule adopted under this chapter to appear on a label is not prominently and conspicuously placed on the label and is not likely to be read and understood by the ordinary individual under customary conditions of purchase and use; or(5)  it does not have a label containing:(A)  the name, address, and certification or license number of the processor;(B)  an accurate statement in a uniform location on the principal display panel of the quantity of the contents in terms of weight, measure, or numerical count; and(C)  a date as provided by department rules.|Added by Acts 1993, 73rd Leg., ch. 336, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1109, eff. April 2, 2015.|
TX Health & Safety Code § 436.081 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 436 - Aquatic Life|Subchapter F. Labeling and Packaging|Section 436.081. Fair Packaging and Labeling

Sec. 436.081.  FAIR PACKAGING AND LABELING.  (a)  A label on molluscan shellfish or crabmeat shall conform to the requirements for the declaration of net quantity of contents under Section 1453, Fair Packaging and Labeling Act (15 U.S.C. Section 1453), and the regulations adopted under that Act.(b)  The label on a package of molluscan shellfish or crabmeat that represents the number of servings contained in the package shall state the net quantity in terms of weight, measure, or numerical count of each serving.(c)  A person may not distribute or cause to be distributed in commerce any molluscan shellfish or crabmeat if a qualifying word or phrase appears with the statement of the net quantity of contents required by Subsection (a).  A supplemental statement at another place on the package may contain descriptions in nondeceptive terms of the net quantity of contents, except the supplemental statement of net quantity of contents may not include a term qualifying a unit of weight, measure, or count that tends to exaggerate the amount of the shellfish or crabmeat in the package.|Added by Acts 1993, 73rd Leg., ch. 336, Sec. 1, eff. Sept. 1, 1993.|
TX Health & Safety Code § 436.082 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 436 - Aquatic Life|Subchapter F. Labeling and Packaging|Section 436.082. False Advertisement

Sec. 436.082.  FALSE ADVERTISEMENT.  An advertisement of molluscan shellfish or crabmeat is false if it is false or misleading in any manner.|Added by Acts 1993, 73rd Leg., ch. 336, Sec. 1, eff. Sept. 1, 1993.|