reglab/housing_qa huggingface dataset:
TX Health & Safety Code § 435.005 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 435 - Dairy Products|Subchapter A. Milk Offered for Sale and Milk Grading|Section 435.005. Inspection of Milk and Milk Products by Other Entities

Sec. 435.005.  INSPECTION OF MILK AND MILK PRODUCTS BY OTHER ENTITIES.  (a)  The department may contract with a county or municipality to act as the agent of the department to inspect milk and milk products and to perform other regulatory functions necessary to enforce this subchapter.(b)  A municipality, county, or other political subdivision may test and inspect milk or milk products.  In the absence of a contract under Subsection (a), the municipality, county, or other political subdivision must pay the cost of the test or inspection.|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. 3.1080, eff. April 2, 2015.|
TX Health & Safety Code § 435.006 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 435 - Dairy Products|Subchapter A. Milk Offered for Sale and Milk Grading|Section 435.006. Permit to Sell Milk

Sec. 435.006.  PERMIT TO SELL MILK.  (a)  A person who offers milk or milk products for sale or to be sold in this state must hold a permit issued by the department.  The person must apply to the department for a permit.(b)  After receiving the application, the department may determine and award the grade of milk or milk products offered for sale by each applicant according to the specifications for grades established under this chapter.(c)  The department shall maintain a list of the names of all applicants to whom the department has awarded permission to use a Grade "A" label and remove from the list the name of a person whose permit is revoked.(d)  The department may not issue a permit to a person for a producer dairy located in an area infected with or at a high risk for bovine tuberculosis, as determined epidemiologically and defined by rule of the Texas Animal Health Commission.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2001, 77th Leg., ch. 445, Sec. 2, eff. June 4, 2001.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1081, eff. April 2, 2015.|
TX Health & Safety Code § 435.007 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 435 - Dairy Products|Subchapter A. Milk Offered for Sale and Milk Grading|Section 435.007. Use of Misleading Label

Sec. 435.007.  USE OF MISLEADING LABEL.  (a)  A person may not use a label, device, or design marked Grade "A," or any other grade, statement, device, or design related to the safety, sanitary quality, or food value, on milk or milk products produced, offered for sale, or sold in this state that is misleading or does not conform to the requirements of this subchapter.(b)  A person may not represent, publish, label, or advertise milk or milk products as being Grade "A" unless the milk or milk products are:(1)  produced or processed by a person having a permit to use a Grade "A" label as provided by this subchapter; and(2)  produced, treated, and handled in accordance with the specifications and requirements adopted by the executive commissioner for Grade "A" milk and milk products.(c)  A person may not sell to a consumer milk or a milk product labeled Grade "A" that has not been produced or processed by a person who has a Grade "A" permit 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. 3.1082, eff. April 2, 2015.|
TX Health & Safety Code § 435.008 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 435 - Dairy Products|Subchapter A. Milk Offered for Sale and Milk Grading|Section 435.008. Milk for Resale

Sec. 435.008.  MILK FOR RESALE.  A person is not required to hold a permit to resell or offer for resale in the same container any milk or milk products that are represented or advertised as a grade of milk or milk products and that are purchased from a person holding a permit authorizing that representation or advertisement.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 435.009 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 435 - Dairy Products|Subchapter A. Milk Offered for Sale and Milk Grading|Section 435.009. Fees

Sec. 435.009.  FEES.  (a)  A political subdivision or agency of this state, other than the department, may not impose a fee on milk or a milk product, or on a person for the movement, distribution, or sale of milk or a milk product.(b)  The department shall impose the following fees only:(1)  a permit fee of $200 every two years for a producer dairy farm;(2)  a permit fee of $800 every two years for a processing or bottling plant;(3)  a permit fee of $800 every two years for a receiving and transfer station;(4)  a permit fee of $200 every two years for a milk transport tanker;(5)  a fee of 4-1/2 cents for each 100 pounds of milk or milk products processed and distributed in this state by a processing or bottling plant in this state, or processed by an out-of-state processing or bottling plant and sold in this state; and(6)  a fee of 1-1/2 cents for each 100 pounds of dairy products processed by a processing or bottling plant in this state.(c)  The executive commissioner shall adopt rules for the department to assess and collect the fees imposed by Subsections (b)(5) and (6) monthly, quarterly, semiannually, or annually according to amounts due by the plant.  Monthly fees shall be assessed and collected in accordance with department rules.(d)  A permit issued under this chapter is valid for two years and must be renewed not later than September 1 of the year in which the permit expires.(e)  The department shall prorate fees paid for permits issued under this chapter after the beginning of a permit year.(f)  In this section:(1)  "Dairy farm" means a place where one or more cows or goats are kept and from which milk or milk products are provided, sold, or offered for sale to a milk plant or transfer station.(2)  "Transfer station" means a place where milk or milk products are transferred directly from one transport tank to another.(g)  Subject to legislative appropriation, the department may use money collected under Subsection (b)(5) only for milk inspection.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 411, Sec. 1, eff. Sept. 1, 1997.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1387 (S.B. 1714), Sec. 4, eff. September 1, 2007.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1083, eff. April 2, 2015.|
TX Health & Safety Code § 435.010 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 435 - Dairy Products|Subchapter A. Milk Offered for Sale and Milk Grading|Section 435.010. Records

Sec. 435.010.  RECORDS.  The executive commissioner by rule shall establish minimum standards for recordkeeping by persons required to pay a fee under this subchapter.  Those persons shall make the records available to the department on request.|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. 3.1084, eff. April 2, 2015.|
TX Health & Safety Code § 435.011 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 435 - Dairy Products|Subchapter A. Milk Offered for Sale and Milk Grading|Section 435.011. Hearing

Sec. 435.011.  HEARING.  (a)  The executive commissioner shall establish a procedure by which a person aggrieved by the application of a department rule may receive a hearing under Chapter 2001, Government Code.(b)  The refusal or the suspension or revocation of a permit by the department and the appeal of that action are governed by the procedures for a contested case hearing under Chapter 2001, Government Code.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 757, Sec. 4, eff. Sept. 1, 2003.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1085, eff. April 2, 2015.|
TX Health & Safety Code § 435.012 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 435 - Dairy Products|Subchapter A. Milk Offered for Sale and Milk Grading|Section 435.012. Refusal to Grant Permit; Suspension or Revocation of Permit

Sec. 435.012.  REFUSAL TO GRANT PERMIT;  SUSPENSION OR REVOCATION OF PERMIT.  (a)  The department may refuse an application for a permit under this chapter or may suspend or revoke a permit issued under this chapter.(b)  The department may revoke and regrade permits if on inspection the department finds that the use of the grade label does not conform to the specifications or requirements adopted by the executive commissioner under this chapter.(c)  The executive commissioner by rule shall:(1)  provide for the denial, suspension, or revocation of a permit; and(2)  establish reasonable minimum standards for granting and maintaining a permit issued under this chapter.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2003, 78th Leg., ch. 757, Sec. 5, eff. Sept. 1, 2003.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1086, eff. April 2, 2015.|
TX Health & Safety Code § 435.013 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 435 - Dairy Products|Subchapter A. Milk Offered for Sale and Milk Grading|Section 435.013. Municipal Regulation Authorized

Sec. 435.013.  MUNICIPAL REGULATION AUTHORIZED.  A municipality by ordinance may allow only pasteurized milk and pasteurized milk products to be sold at retail in that municipality.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 435.014 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 435 - Dairy Products|Subchapter A. Milk Offered for Sale and Milk Grading|Section 435.014. Criminal Penalty

Sec. 435.014.  CRIMINAL PENALTY.  (a)  A person commits an offense if the person violates this chapter.(b)  An offense under this section is punishable by a fine of not less than $25 or more than $200.(c)  Each violation constitutes a separate offense.(d)  The penalty prescribed by this section is subject to either the sanctions prescribed in the Grade A Pasteurized Milk Ordinance for products covered by the ordinance or any civil or administrative penalty or sanction otherwise imposed by Chapter 431 or other law for products not covered by the ordinance.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2003, 78th Leg., ch. 757, Sec. 6, eff. Sept. 1, 2003.|
TX Health & Safety Code § 435.021 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 435 - Dairy Products|Subchapter B. Special Requirements; Sale of Milk|Section 435.021. Imported Milk

Sec. 435.021.  IMPORTED MILK.  (a)  In this section:(1)  "Political subdivision" means a county or municipality or a school, junior college, water, hospital, reclamation, or other special-purpose district.(2)  "State agency" means an agency, department, board, or commission of the state or a state eleemosynary, educational, rehabilitative, correctional, or custodial facility.(b)  A state agency or political subdivision may not purchase milk, cream, butter, or cheese, or a product consisting largely of one or more of those items, that has been imported from outside the United States.(c)  This section does not apply to the purchase of milk powder if domestic milk powder is not readily available in the normal course of business.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Renumbered from Sec. 435.022 by Acts 1989, 71st Leg., ch. 1100, Sec. 5.06(b), eff. Sept. 1, 1989.|
TX Health & Safety Code § 436.001 (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 A. General Provisions|Section 436.001. Short Title

Sec. 436.001.  SHORT TITLE.  This chapter may be cited as the Texas Aquatic Life Act.|Amended by Acts 1993, 73rd Leg., ch. 336, Sec. 1, eff. Sept. 1, 1993.|
TX Health & Safety Code § 436.003 (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 A. General Provisions|Section 436.003. Health Authority Power to Delegate

Sec. 436.003.  HEALTH AUTHORITY POWER TO DELEGATE.   A health authority may delegate any power or duty imposed on the health authority in this chapter to an employee of the local health department, the local health unit, or the public health district in which the health authority serves, unless otherwise restricted by law.|Amended 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. 3.1088, eff. April 2, 2015.|
TX Health & Safety Code § 436.021 (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 436.021. Definition

Sec. 436.021.  DEFINITION.  In this subchapter, "detained or embargoed article" means molluscan shellfish or crabmeat that has been detained or embargoed under Section 436.028.|Amended by Acts 1993, 73rd Leg., ch. 336, Sec. 1, eff. Sept. 1, 1993.|
TX Health & Safety Code § 436.022 (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 436.022. Inspection

Sec. 436.022.  INSPECTION.  (a)  The department or a health authority may, on presenting appropriate credentials to the owner, operator, or agent in charge:(1)  enter at reasonable times, including when processing is conducted, an establishment or location in which molluscan shellfish or crabmeat is processed, packed, pasteurized, or held for introduction into commerce or held after introduction into commerce;(2)  enter a vehicle being used to transport or hold the molluscan shellfish or crabmeat in commerce; or(3)  inspect the establishment, location, or vehicle, including equipment, records, files, papers, materials, containers, labels, or other items, and obtain samples necessary for enforcement of this chapter.(b)  The inspection of an establishment or location is to determine whether the molluscan shellfish or crabmeat:(1)  is adulterated or misbranded;(2)  may not be processed, introduced into commerce, sold, or offered for sale under this chapter or department rules; or(3)  is otherwise in violation of this chapter.(c)  The department or a health authority may not inspect:(1)  financial data;(2)  sales data, other than shipment data;(3)  pricing data;(4)  personnel data, other than personnel data relating to the qualifications of technical and professional personnel; or(5)  research data.|Amended 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. 3.1090, eff. April 2, 2015.|
TX Health & Safety Code § 436.023 (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 436.023. Access to Records

Sec. 436.023.  ACCESS TO RECORDS.  A person who is required to maintain records under this chapter or a department rule or a person who is in charge or custody of those records on request shall permit the department or health authority at all reasonable times to have access to and to copy the records.|Amended 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. 3.1091, eff. April 2, 2015.|
TX Health & Safety Code § 436.024 (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 436.024. Access to Records Showing Movement in Commerce

Sec. 436.024.  ACCESS TO RECORDS SHOWING MOVEMENT IN COMMERCE.  (a)  A commercial carrier or other person receiving or holding molluscan shellfish or crabmeat in commerce on request shall permit the department or health authority at all reasonable times to have access to and to copy all records showing:(1)  the movement in commerce of the molluscan shellfish or crabmeat;(2)  the holding after movement in commerce of the molluscan shellfish or crabmeat; or(3)  the quantity, shipper, and consignee of the molluscan shellfish or crabmeat.(b)  The carrier or other person may not refuse access to and copying of the requested records if the request is accompanied by a written statement that specifies the nature or kind of molluscan shellfish or crabmeat to which the request relates.(c)  A carrier is not subject to other provisions of this chapter solely because of the carrier's receipt, carriage, holding, or delivery of molluscan shellfish or crabmeat in the usual course of business as a carrier.|Amended 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. 3.1092, eff. April 2, 2015.|
TX Health & Safety Code § 436.025 (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 436.025. Emergency Order

Sec. 436.025.  EMERGENCY ORDER.  (a)  The department may issue an emergency order that mandates or prohibits the taking, processing, or sale of molluscan shellfish or crabmeat in the department's jurisdiction if:(1)  the processing or sale of the molluscan shellfish or crabmeat creates or poses an immediate threat to human life or health; and(2)  other procedures available to the department to remedy or prevent the threat will result in unreasonable delay.(b)  The department may issue the emergency order without notice and hearing if the department or a person designated by the department determines that issuing the emergency order without notice and hearing is necessary under the circumstances.(c)  If an emergency order is issued without a hearing, the department shall determine the earliest time and place for a hearing at which the emergency order shall be affirmed, modified, or set aside.  The hearing shall be held under department rules.(d)  This section prevails over Section 12.001.|Amended 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. 3.1093, eff. April 2, 2015.|
TX Health & Safety Code § 436.026 (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 436.026. Violation; Injunction

Sec. 436.026.  VIOLATION;  INJUNCTION.  (a)  The department or a health authority may petition the district court for a temporary restraining order to restrain a continuing violation or a threat of a continuing violation of Section 436.011 if the department or health authority believes that:(1)  a person has violated, is violating, or is threatening to violate a provision of Section 436.011; and(2)  the violation or threatened violation creates an immediate threat to the health and safety of the public.(b)  If the court finds that a person is violating or threatening to violate Section 436.011, the court shall grant injunctive relief.(c)  Venue for a suit brought under this section is in the county in which the violation or threat of violation is alleged to have occurred or in Travis County.|Amended 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. 3.1094, eff. April 2, 2015.|
TX Health & Safety Code § 436.027 (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 436.027. Civil Penalty

Sec. 436.027.  CIVIL PENALTY.  (a)  At the request of the department, the attorney general or a district, county, or municipal attorney shall institute an action in district or county court to collect a civil penalty from a person who has violated Section 436.011.(b)  A person who violates Section 436.011 is liable for a civil penalty not to exceed $25,000 a day for each violation.  Each day of a continuing violation constitutes a separate violation for purposes of penalty assessment.(c)  In determining the amount of the penalty, the court shall consider:(1)  the person's history of previous violations under this chapter;(2)  the seriousness of the violation;(3)  any hazard to the health and safety of the public;(4)  the demonstrated good faith of the person;  and(5)  other matters as justice may require.(d)  A civil penalty recovered in a suit instituted by the attorney general under this chapter shall be deposited in the state treasury to the credit of the general revenue fund.  A civil penalty recovered in a suit instituted by a local government under this chapter shall be paid to the local government.(e)  Venue for a suit to collect a civil penalty brought under this section is in the municipality or county in which the violation occurred or in Travis County.|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. 3.1095, eff. April 2, 2015.|