reglab/housing_qa huggingface dataset:
TX Health & Safety Code § 431.003 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 431 - Texas Food, Drug, and Cosmetic Act|Subchapter A. General Provisions|Section 431.003. Article Misbranded Because of Misleading Labeling or Advertising

Sec. 431.003.  ARTICLE MISBRANDED BECAUSE OF MISLEADING LABELING OR ADVERTISING.  If an article is alleged to be misbranded because the labeling or advertising is misleading, then in determining whether the labeling or advertising is misleading, there shall be taken into account, among other things, not only representations made or suggested by statement, word, design, device, sound, or any combination of these, but also the extent to which the labeling or advertising fails to reveal facts material in the light of such representations or material with respect to consequences which may result from the use of the article to which the labeling or advertising relates under the conditions of use prescribed in the labeling or advertising thereof, or under such conditions of use as are customary or usual.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 150, eff. Sept. 1, 1991.|
TX Health & Safety Code § 431.004 (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 A. General Provisions|Section 431.004. Representation of Drug as Antiseptic

Sec. 431.004.  REPRESENTATION OF DRUG AS ANTISEPTIC.  The representation of a drug, in its labeling, as an antiseptic shall be considered to be a representation that the drug is a germicide, except in the case of a drug purporting to be, or represented as, an antiseptic for inhibitory use as a wet dressing, ointment, dusting powder, or such other use as involves prolonged contact with the body.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 431.005 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 431 - Texas Food, Drug, and Cosmetic Act|Subchapter A. General Provisions|Section 431.005. Provisions Regarding Sale of Food, Drugs, Devices, or Cosmetics

Sec. 431.005.  PROVISIONS REGARDING SALE OF FOOD, DRUGS, DEVICES, OR COSMETICS.  The provisions of this chapter regarding the selling of food, drugs, devices, or cosmetics, shall be considered to include the manufacture, production, processing, packaging, exposure, offer, possession, and holding of any such article for sale;  and the sale, dispensing, and giving of any such article, and the supplying or applying of any such articles in the conduct of any food, drug, or cosmetic establishment.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 431.006 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 431 - Texas Food, Drug, and Cosmetic Act|Subchapter A. General Provisions|Section 431.006. Certain Combination Products

Sec. 431.006.  CERTAIN COMBINATION PRODUCTS.  If the United States Food and Drug Administration determines, with respect to a product that is a combination of a drug and a device, that:(1)  the primary mode of action of the product is as a drug, a person who engages in wholesale distribution of the product is subject to licensure under Subchapter I;  and(2)  the primary mode of action of the product is as a device, a distributor or manufacturer of the product is subject to licensure under Subchapter L.|Added by Acts 1999, 76th Leg., ch. 132, Sec. 1, eff. May 20, 1999.|
TX Health & Safety Code § 431.007 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 431 - Texas Food, Drug, and Cosmetic Act|Subchapter A. General Provisions|Section 431.007. Compliance With Other Law; Molluscan Shellfish

Sec. 431.007.  COMPLIANCE WITH OTHER LAW;  MOLLUSCAN SHELLFISH.  A person who is subject to this chapter and who handles molluscan shellfish, as that term is defined by Section 436.002, shall comply with Section 436.105.|Added by Acts 1999, 76th Leg., ch. 1298, Sec. 1, eff. June 18, 1999.  Renumbered from Sec. 431.006 by Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(78), eff. Sept. 1, 2001.|
TX Health & Safety Code § 431.008 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 431 - Texas Food, Drug, and Cosmetic Act|Subchapter A. General Provisions|Section 431.008. Applicability of Chapter to Distressed or Reconditioned Merchandise and Certain Licensed Entities

Sec. 431.008.  APPLICABILITY OF CHAPTER TO DISTRESSED OR RECONDITIONED MERCHANDISE AND CERTAIN LICENSED ENTITIES.  (a)  This chapter applies to a food, drug, device, or cosmetic that is distressed merchandise for purposes of Chapter 432 or that has been subject to reconditioning in accordance with Chapter 432.(b)  Except as provided by Subsection (c), this chapter applies to the conduct of a person licensed under Chapter 432.(c)  A person who holds a license under Chapter 432 and is engaging in conduct within the scope of that license is not required to hold a license as a wholesale drug distributor under Subchapter I, a food wholesaler under Subchapter J, or a device distributor under Subchapter L.|Added by Acts 2001, 77th Leg., ch. 265, Sec. 1, eff. May 22, 2001.|
TX Health & Safety Code § 431.009 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 431 - Texas Food, Drug, and Cosmetic Act|Subchapter A. General Provisions|Section 431.009. Applicability of Chapter to Frozen Desserts

Sec. 431.009.  APPLICABILITY OF CHAPTER TO FROZEN DESSERTS.  (a)  This chapter applies to a frozen dessert, an imitation frozen dessert, a product sold in semblance of a frozen dessert, or a mix for one of those products subject to Chapter 440.  A frozen dessert, an imitation frozen dessert, a product sold in semblance of a frozen dessert, or a mix for one of those products is food for purposes of this chapter.(b)  Except as provided by Subsection (c), this chapter applies to the conduct of a person licensed under Chapter 440.(c)  A person who holds a license under Chapter 440 related to the manufacturing of a product regulated under that chapter and is engaging in conduct within the scope of that license is not required to hold a license as a food manufacturer or food wholesaler under Subchapter J.|Added by Acts 2003, 78th Leg., ch. 112, Sec. 1, eff. Sept. 1, 2003.|
TX Health & Safety Code § 431.010 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 431 - Texas Food, Drug, and Cosmetic Act|Subchapter A. General Provisions|Section 431.010. Applicability of Chapter to Milk and Milk Products

Sec. 431.010.  APPLICABILITY OF CHAPTER TO MILK AND MILK PRODUCTS.  (a)  This chapter applies to milk or a milk product subject to Chapter 435.   Milk or a milk product is a food for purposes of this chapter.(b)  Except as provided by Subsection (c), this chapter applies to the conduct of a person who holds a permit under Chapter 435.(c)  A person who holds a permit under Chapter 435 related to the processing, producing, bottling, receiving, transferring, or transporting of Grade A milk or milk products and who is engaging in conduct within the scope of that permit is not required to hold a license as a food manufacturer or food wholesaler under Subchapter J.|Added by Acts 2003, 78th Leg., ch. 757, Sec. 1, eff. Sept. 1, 2003.|
TX Health & Safety Code § 431.011 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 431 - Texas Food, Drug, and Cosmetic Act|Subchapter A. General Provisions|Section 431.011. Applicability of Chapter to Consumable Hemp Products and Manufacturers

Sec. 431.011.  APPLICABILITY OF CHAPTER TO CONSUMABLE HEMP PRODUCTS AND MANUFACTURERS.  (a)  This chapter applies to a consumable hemp product subject to Chapter 443.  An article regulated under this chapter may not be deemed to be adulterated solely on the basis that the article is a consumable hemp product.(b)  Except as provided by Subsection (c), this chapter applies to the conduct of a person who holds a license under Chapter 443.(c)  A person who holds a license under Chapter 443 related to the processing of hemp or the manufacturing of a consumable hemp product regulated under that chapter and is engaging in conduct within the scope of that license is not required to hold a license as a food manufacturer or food wholesaler under Subchapter J.|Added by Acts 2019, 86th Leg., R.S., Ch. 764 (H.B. 1325), Sec. 4, eff. June 10, 2019.|
TX Health & Safety Code § 431.0211 (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 B. Prohibited Acts|Section 431.0211. Exception

Sec. 431.0211.  EXCEPTION.  Any provision of Section 431.021 that relates to a prescription drug does not apply to a prescription drug manufacturer, or an agent of a prescription drug manufacturer, who is obtaining or attempting to obtain a prescription drug for the sole purpose of testing the prescription drug for authenticity.|Added by Acts 2007, 80th Leg., R.S., Ch. 980 (S.B. 943), Sec. 2, eff. September 1, 2007.|
TX Health & Safety Code § 431.022 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 431 - Texas Food, Drug, and Cosmetic Act|Subchapter B. Prohibited Acts|Section 431.022. Offense: Transfer of Product Containing Ephedrine

Sec. 431.022.  OFFENSE:  TRANSFER OF PRODUCT CONTAINING EPHEDRINE.  (a)  A person commits an offense if the person knowingly sells, transfers, or otherwise furnishes a product containing ephedrine to a person 17 years of age or younger, unless:(1)  the actor is:(A)  a practitioner or other health care provider licensed by this state who has obtained, as required by law, consent to the treatment of the person to whom the product is furnished;  or(B)  the parent, guardian, or managing conservator of the person to whom the product is furnished;(2)  the person to whom the product is furnished has had the disabilities of minority removed for general purposes under Chapter 31, Family Code;  or(3)  the product is a drug.(b)  An offense under this section is a Class C misdemeanor unless it is shown on the trial of the offense that the defendant has been previously convicted of an offense under this section, in which event the offense is a Class B misdemeanor.(c)  A product containing ephedrine that is not described in Subsection (a)(3) must be labeled in accordance with department rules to indicate that sale to persons 17 years of age or younger is prohibited.|Added by Acts 1999, 76th Leg., ch. 151, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0944, eff. April 2, 2015.|
TX Health & Safety Code § 431.023 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 431 - Texas Food, Drug, and Cosmetic Act|Subchapter B. Prohibited Acts|Section 431.023. Limited Exemption for Distressed Food, Drugs, Devices, or Cosmetics

Sec. 431.023.  LIMITED EXEMPTION FOR DISTRESSED FOOD, DRUGS, DEVICES, OR COSMETICS.  In relation to a food, drug, device, or cosmetic that is distressed merchandise for purposes of Chapter 432, Sections 431.021(a), (c), and (d) do not prohibit:(1)  the introduction or delivery for introduction into commerce of the merchandise for the purpose of reconditioning in accordance with Chapter 432 and not for sale to the ultimate consumer;(2)  the receipt in commerce of the merchandise for the purpose of reconditioning in accordance with Chapter 432 and not for sale to the ultimate consumer;(3)  the holding of merchandise for the purpose of reconditioning in accordance with Chapter 432 and not for resale to the ultimate consumer;  or(4)  the reconditioning of the merchandise in accordance with Chapter 432.|Added by Acts 2001, 77th Leg., ch. 265, Sec. 2, eff. May 22, 2001.|
TX Health & Safety Code § 431.041 (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 431.041. Definition

Sec. 431.041.  DEFINITION.  In this subchapter, "detained or embargoed article" means a food, drug, device, cosmetic, or consumer commodity that has been detained or embargoed under Section 431.048.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 431.043 (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 431.043. Access to Records

Sec. 431.043.  ACCESS TO RECORDS.  A person who is required to maintain records under this chapter or Section 519 or 520(g) of the federal Act or a person who is in charge or custody of those records shall, at the request of the department or a health authority, permit the department or health authority at all reasonable times access to and to copy and verify the records, including records that verify that the hemp in a consumable hemp product was produced in accordance with Chapter 122, Agriculture Code, or 7 U.S.C. Chapter 38, Subchapter VII.|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. 3.0946, eff. April 2, 2015.Acts 2019, 86th Leg., R.S., Ch. 764 (H.B. 1325), Sec. 5, eff. June 10, 2019.|
TX Health & Safety Code § 431.044 (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 431.044. Access to Records Showing Movement in Commerce

Sec. 431.044.  ACCESS TO RECORDS SHOWING MOVEMENT IN COMMERCE.  (a)  To enforce this chapter, a carrier engaged in commerce or other person receiving a food, drug, device, or cosmetic in commerce or holding a food, drug, device, or cosmetic received in commerce shall, at the request of the department or a health authority, 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 food, drug, device, or cosmetic;(2)  the holding of the food, drug, device, or cosmetic after movement in commerce; and(3)  the quantity, shipper, and consignee of the food, drug, device, or cosmetic.(b)  The carrier or other person may not refuse access to and copying of the requested record if the request is accompanied by a written statement that specifies the nature or kind of food, drug, device, or cosmetic to which the request relates.(c)  Evidence obtained under this section or evidence that is directly or indirectly derived from the evidence obtained under this section may not be used in a criminal prosecution of the person from whom the evidence is obtained.(d)  A carrier is not subject to other provisions of this chapter because of the carrier's receipt, carriage, holding, or delivery of a food, drug, device, or cosmetic in the usual course of business as a carrier.|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. 3.0947, eff. April 2, 2015.|
TX Health & Safety Code § 431.045 (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 431.045. Emergency Order

Sec. 431.045.  EMERGENCY ORDER.  (a)  The commissioner or a person designated by the commissioner may issue an emergency order, either mandatory or prohibitory in nature, in relation to the manufacture or distribution of a food, drug, device, or cosmetic in the department's jurisdiction if the commissioner or the person designated by the commissioner determines that:(1)  the manufacture or distribution of the food, drug, device, or cosmetic creates or poses an immediate and serious threat to human life or health;  and(2)  other procedures available to the department to remedy or prevent the occurrence of the situation will result in unreasonable delay.(b)  The commissioner or a person designated by the commissioner may issue the emergency order without notice and hearing if the commissioner or a person designated by the commissioner determines this is practicable under the circumstances.(c)  If an emergency order is issued without a hearing, the department shall propose a time and place for a hearing and refer the matter to the State Office of Administrative Hearings.  An administrative law judge of that office shall set the time and place for the hearing at which the emergency order is affirmed, modified, or set aside.  The hearing shall be held under the contested case provisions of Chapter 2001, Government Code, and the department's formal hearing rules.(d)  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 1997, 75th Leg., ch. 629, Sec. 4, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 262, Sec. 2, eff. Sept. 1, 2001.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0948, 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 § 431.046 (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 431.046. Violation of Rules

Sec. 431.046.  VIOLATION OF RULES.  A violation of a rule adopted under this chapter is a violation of this chapter.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 431.047 (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 431.047. Violation; Injunction

Sec. 431.047.  VIOLATION;  INJUNCTION.  (a)  The department or a health authority may petition the district court for a temporary restraining order to restrain a continuing violation of Subchapter B or a threat of a continuing violation of Subchapter B if the department or health authority finds that:(1)  a person has violated, is violating, or is threatening to violate Subchapter B; and(2)  the violation or threatened violation creates an immediate threat to the health and safety of the public.(b)  A district court, on petition of the department or a health authority, and on a finding by the court that a person is violating or threatening to violate Subchapter B shall grant any injunctive relief warranted by the facts.(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.(d)  The department and the attorney general may each recover reasonable expenses incurred in obtaining injunctive relief under this section, including investigative costs, court costs, reasonable attorney fees, witness fees, and deposition expenses.  The expenses recovered by the department may be used by the department for the administration and enforcement of this chapter.  The expenses recovered by the attorney general may be used by the attorney general.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 539, Sec. 3, eff. Sept. 1, 1991.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0949, eff. April 2, 2015.|
TX Health & Safety Code § 431.048 (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 431.048. Detained or Embargoed Article

Sec. 431.048.  DETAINED OR EMBARGOED ARTICLE.  (a)  The department shall affix to an article that is a food, drug, device, cosmetic, or consumer commodity a tag or other appropriate marking that gives notice that the article is, or is suspected of being, adulterated or misbranded and that the article has been detained or embargoed if the department finds or has probable cause to believe that the article:(1)  is adulterated;(2)  is misbranded so that the article is dangerous or fraudulent under this chapter; or(3)  violates Section 431.084, 431.114, or 431.115.(b)  The tag or marking on a detained or embargoed article must warn all persons not to use the article, remove the article from the premises, or dispose of the article by sale or otherwise until permission for use, removal, or disposal is given by the department or a court.(c)  A person may not use a detained or embargoed article, remove a detained or embargoed article from the premises, or dispose of a detained or embargoed article by sale or otherwise without permission of the department or a court.  The department may permit perishable goods to be moved to a place suitable for proper storage.(d)  The department shall remove the tag or other marking from an embargoed or detained article if the department finds that the article is not adulterated or misbranded.(e)  The department may not detain or embargo an article, including an article that is distressed merchandise, that is in the possession of a person licensed under Chapter 432 and that is being held for the purpose of reconditioning in accordance with Chapter 432, unless the department finds or has probable cause to believe that the article cannot be adequately reconditioned in accordance with that chapter and applicable rules.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 282, Sec. 2, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 265, Sec. 3, eff. May 22, 2001.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0950, eff. April 2, 2015.|