reglab/statecodes huggingface dataset:
2023 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 N. Wholesale Distributors of Prescription Drugs › Section 431.415. Order to Cease Distribution

Sec. 431.415.  ORDER TO CEASE DISTRIBUTION.  (a)  The department shall issue an order requiring a person, including a manufacturer, distributor, or retailer of a prescription drug, to immediately cease distribution of the drug if the department determines there is a reasonable probability that:
(1)  a wholesale distributor has:
(A)  violated this subchapter;
(B)  falsified a pedigree; or
(C)  sold, distributed, transferred, manufactured, repackaged, handled, or held a counterfeit prescription drug intended for human use that could cause serious adverse health consequences or death; and
(2)  other procedures would result in unreasonable delay.
(b)  An order under Subsection (a) must provide the person subject to the order with an opportunity for an informal hearing on the actions required by the order to be held not later than the 10th day after the date of issuance of the order.
(c)  If, after providing an opportunity for a hearing, the department determines that inadequate grounds exist to support the actions required by the order, the commissioner shall vacate the order.
Added by Acts 2005, 79th Leg., Ch. 282 (H.B. 164), Sec. 3(g), eff. March 1, 2006.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1012, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 432 - Food, Drug, Device, and Cosmetic Salvage Act › Section 432.001. Short Title

Sec. 432.001.  SHORT TITLE.  This chapter may be cited as the Texas Food, Drug, Device, and Cosmetic Salvage Act.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 432 - Food, Drug, Device, and Cosmetic Salvage Act › Section 432.002. Purpose

Sec. 432.002.  PURPOSE.  The purpose of this chapter is to protect the health of the people of this state by preventing the sale or distribution of adulterated or misbranded food, drugs, devices, or cosmetics.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 432 - Food, Drug, Device, and Cosmetic Salvage Act › Section 432.004. Exemptions

Sec. 432.004.  EXEMPTIONS.  (a)  This chapter does not apply to:
(1)  a manufacturer, distributor, or processor of a food, drug, device, or cosmetic who, in the normal course of business, reconditions the items manufactured, distributed, or processed by or for that person and not purchased by that person solely for the purpose of reconditioning and sale;
(2)  a common carrier, or the common carrier's agent, who disposes of or otherwise transfers undamaged or distressed food, drugs, devices, or cosmetics to a person who is exempt under this section or to a licensed salvage broker or salvage operator;
(3)  a person who transfers distressed merchandise to a licensed salvage broker or salvage operator;  or
(4)  a nonprofit organization that distributes food to the needy under Chapter 76, Civil Practice and Remedies Code (Good Faith Donor Act), but that does not recondition the food.
(b)  In this chapter, a pharmacist licensed under the law of this state is not considered a manufacturer when the pharmacist fills a prescription from a licensed practitioner or when the pharmacist compounds or mixes drugs or medicine in the pharmacist's professional capacity.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 432 - Food, Drug, Device, and Cosmetic Salvage Act › Section 432.005. License Required

Sec. 432.005.  LICENSE REQUIRED.  (a)  A person may not operate a salvage establishment in this state without a salvage operator license issued by the department.
(b)  A person may not act as a salvage broker in this state without a salvage broker license issued by the department.
(c)  A salvage operator or salvage broker who is engaging only within the scope of the license issued under this chapter is not required to also be licensed under Chapter 431.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2001, 77th Leg., ch. 265, Sec. 6, eff. May 22, 2001.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 432 - Food, Drug, Device, and Cosmetic Salvage Act › Section 432.006. License Application

Sec. 432.006.  LICENSE APPLICATION.  An applicant for a salvage broker license or salvage operator license must:
(1)  file a license application on a form prescribed by the department;
(2)  pay a nonrefundable license fee to the department;  and
(3)  cooperate with the department in any required prelicensing inspections.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 432 - Food, Drug, Device, and Cosmetic Salvage Act › Section 432.007. Issuance of License

Sec. 432.007.  ISSUANCE OF LICENSE.  (a)  The department shall issue a license to an applicant who complies with Section 432.006 and who meets the minimum qualifications established by department rule.
(b)  A license issued under this chapter expires two years after the date of issuance.
(c)  A separate license is required for each salvage establishment.
(d)  A license may not be transferred from one person to another or from one location to another.
(e)  A salvage operator or salvage broker shall display the license in accordance with department rules.
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. 3.1014, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 432 - Food, Drug, Device, and Cosmetic Salvage Act › Section 432.008. License Renewal

Sec. 432.008.  LICENSE RENEWAL.  (a)  A license holder under this chapter may renew the license by filing with the department, before the expiration date of the current license, a renewal application on a form prescribed by the department, accompanied by a nonrefundable renewal fee.
(b)  After an inspection to determine the license holder's compliance with department rules, the department shall renew the license of a license holder who submits a renewal application and pays the renewal fee.
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. 3.1015, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 432 - Food, Drug, Device, and Cosmetic Salvage Act › Section 432.009. Fees

Sec. 432.009.  FEES.  (a)  The executive commissioner by rule shall adopt, and the department shall collect, fees for each license application or renewal application submitted under this chapter and for inspections performed to enforce this chapter and the department rules adopted under this chapter.
(b)  The executive commissioner by rule shall set the fees in amounts that are reasonable and necessary and allow the department to recover the biennial expenditures of state funds by the department to:
(1)  review and act on licenses;
(2)  amend and renew licenses;
(3)  inspect establishments operated by license holders; and
(4)  implement and enforce this chapter and rules and orders adopted and licenses issued under this chapter.
(c)  A nonprofit organization is exempt from the payment of a fee imposed under this chapter.
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. 3.1016, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 432 - Food, Drug, Device, and Cosmetic Salvage Act › Section 432.0095. Processing of Food Salvage Establishment Licensing Fees

Sec. 432.0095.  PROCESSING OF FOOD SALVAGE ESTABLISHMENT LICENSING FEES.  (a)  The commissioner shall establish a system for processing food salvage establishment licensing fees.
(b)  Under the fee processing system, the maximum time for processing a fee payment made by a negotiable instrument may not exceed 48 hours, beginning at the time that the negotiable instrument is first received by the department and ending at the time that the fee payment is submitted for deposit by the department to the treasury division of the office of the comptroller.
(c)  The comptroller shall cooperate with the commissioner in developing the fee processing system.
Added by Acts 1999, 76th Leg., ch. 697, Sec. 2, eff. Aug. 30, 1999.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 432 - Food, Drug, Device, and Cosmetic Salvage Act › Section 432.010. Deposit of Fees

Sec. 432.010.  DEPOSIT OF FEES.  A fee collected by the department under this chapter shall be deposited in the state treasury to the credit of the general revenue fund.
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. 3.1017, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 432 - Food, Drug, Device, and Cosmetic Salvage Act › Section 432.011. Minimum Standards

Sec. 432.011.  MINIMUM STANDARDS.  (a)  The executive commissioner shall adopt rules prescribing minimum standards or related requirements for:
(1)  the operation of salvage establishments and salvage warehouses; and
(2)  qualifications for licenses issued under this chapter.
(b)  The rules shall prescribe standards for food, drugs, devices, and cosmetics in separate subchapters.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2001, 77th Leg., ch. 265, Sec. 7, eff. May 22, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1018, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 432 - Food, Drug, Device, and Cosmetic Salvage Act › Section 432.012. Powers of Department

Sec. 432.012.  POWERS OF DEPARTMENT.  The department may:
(1)  enter into contracts or agreements necessary to implement this chapter;
(2)  conduct inspections and secure samples;
(3)  establish and maintain educational programs for salvage operators and salvage brokers;  and
(4)  compile and publish statistical and other studies on the nature and scope of the salvage industry in this state.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 432 - Food, Drug, Device, and Cosmetic Salvage Act › Section 432.013. Denial, Suspension, or Revocation of License

Sec. 432.013.  DENIAL, SUSPENSION, OR REVOCATION OF LICENSE.  (a)  The department may deny, suspend, or revoke the license of an applicant or license holder who fails to comply with this chapter or the rules adopted under this chapter.
(b)  When there is an imminent threat to the health or safety of the public, the department may suspend a license without notice in accordance with rules adopted by the executive commissioner for the emergency suspension of licenses.
(c)  The department's hearing rules and the applicable provisions of Chapter 2001, Government Code, govern a hearing for the denial, suspension, emergency suspension, or revocation of a license and any appeal from that hearing.
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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1019, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 432 - Food, Drug, Device, and Cosmetic Salvage Act › Section 432.014. Reinstatement of License

Sec. 432.014.  REINSTATEMENT OF LICENSE.  (a)  Not later than the 30th day after the date of the denial or emergency suspension, a person whose license application has been denied or whose license has been placed under an emergency suspension may request a reinspection for the purpose of granting or reinstating the license.
(b)  The department shall perform the reinspection not later than the 10th day after the date of receipt of a written request for reinspection from the applicant or license holder.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 432 - Food, Drug, Device, and Cosmetic Salvage Act › Section 432.015. Effect of Operation in Other Jurisdiction; Reports

Sec. 432.015.  EFFECT OF OPERATION IN OTHER JURISDICTION;  REPORTS.  (a)  A person who operates a salvage establishment or acts as a salvage broker outside this state may sell, distribute, or otherwise traffic in distressed or salvaged merchandise in this state if the person holds a license issued by the department.
(b)  The department may accept reports from authorities in other jurisdictions to determine the extent of compliance with the minimum standards adopted under this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 432 - Food, Drug, Device, and Cosmetic Salvage Act › Section 432.016. Municipal Regulation

Sec. 432.016.  MUNICIPAL REGULATION.  A municipality by ordinance may regulate salvage operators, salvage brokers, and salvage establishments.  An ordinance may be stricter than the minimum standards established under this chapter or by rules adopted under this chapter, but it may not be less strict.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 432 - Food, Drug, Device, and Cosmetic Salvage Act › Section 432.017. Use of Salvage Warehouse

Sec. 432.017.  USE OF SALVAGE WAREHOUSE.  A person may not use a salvage warehouse to recondition merchandise or to sell to consumers.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 432 - Food, Drug, Device, and Cosmetic Salvage Act › Section 432.018. Civil Penalty; Injunction

Sec. 432.018.  CIVIL PENALTY;  INJUNCTION.  (a)  If it appears that a person has violated, is violating, or is threatening to violate this chapter or a rule adopted or order issued under this chapter, the commissioner may request the attorney general or a district, county, or municipal attorney of the municipality or county in which the violation has occurred, is occurring, or may occur to institute a civil suit for:
(1)  an order enjoining the act or an order directing compliance;
(2)  a permanent or temporary injunction, restraining order, or other appropriate order if the department shows that the person is engaged in or is about to engage in any of the acts;
(3)  the assessment and recovery of a civil penalty;  or
(4)  both the injunctive relief and civil penalty.
(b)  The penalty may be in an amount not to exceed $25,000 for each violation.  Each day a violation continues is a separate violation.
(c)  In determining the amount of the penalty, the court shall consider:
(1)  the person's history of previous violations;
(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 charged;  and
(5)  other matters as justice may require.
(d)  Venue for a suit brought under this section is in the municipality 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 chapter shall be paid to the local government.
(f)  The commissioner and the attorney general may each recover reasonable expenses incurred in obtaining injunctive relief, civil penalties, or both under this section, including investigative costs, court costs, reasonable attorney fees, witness fees, and deposition expenses.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 556, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 432 - Food, Drug, Device, and Cosmetic Salvage Act › Section 432.019. Criminal Penalty

Sec. 432.019.  CRIMINAL PENALTY.  (a)  A person commits an offense if the person:
(1)  operates a salvage establishment or acts as a salvage broker without a license issued under this chapter;  or
(2)  fails to comply with a rule adopted under Section 432.011.
(b)  An offense under this section is a Class A misdemeanor.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 556, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 432 - Food, Drug, Device, and Cosmetic Salvage Act › Section 432.020. Emergency Order

Sec. 432.020.  EMERGENCY ORDER.  (a)  The commissioner or the commissioner's designee may issue an emergency order, either mandatory or prohibitory, concerning the sale or distribution of distressed foods, drugs, devices, or cosmetics in the department's jurisdiction if the commissioner or the commissioner's designee determines that:
(1)  the sale or distribution of those foods, drugs, devices, or cosmetics 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 the commissioner's designee may issue the emergency order without notice and hearing if the commissioner or the commissioner's designee determines it is necessary under the circumstances.
(c)  If an emergency order is issued without a hearing, the department, not later than the 30th day after the date on which the emergency order is issued, shall determine a time and place for a hearing at which the emergency order will be affirmed, modified, or set aside.  The hearing shall be held under departmental formal hearing rules.
Added by Acts 1993, 73rd Leg., ch. 556, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 432 - Food, Drug, Device, and Cosmetic Salvage Act › Section 432.021. Administrative Penalty

Sec. 432.021.  ADMINISTRATIVE PENALTY.  (a)  The department may assess an administrative penalty against a person who violates a rule adopted under Section 432.011 or an order adopted or license 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)  other matters as justice may require.
(c)  The penalty may not exceed $25,000 for each violation.  Each day a violation continues is a separate violation.
Added by Acts 1993, 73rd Leg., ch. 556, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1020, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 432 - Food, Drug, Device, and Cosmetic Salvage Act › Section 432.022. Administrative Penalty Assessment Procedure

Sec. 432.022.  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 a written proposal for decision regarding the occurrence of 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)  After making a determination under this section that a penalty is to be assessed, 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(76), eff. April 2, 2015.
Added by Acts 1993, 73rd Leg., ch. 556, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1021, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1639(76), eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 432 - Food, Drug, Device, and Cosmetic Salvage Act › Section 432.023. Payment of Administrative Penalty

Sec. 432.023.  PAYMENT OF ADMINISTRATIVE PENALTY.  (a)  Not later than the 30th day after the date of issuance of an order finding that a violation has occurred, the department shall inform the person against whom the order is issued of the amount of the penalty.
(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)  Within the period prescribed by Subsection (b), a person who files a petition for judicial review 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.
(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.
Added by Acts 1993, 73rd Leg., ch. 556, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1022, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 432 - Food, Drug, Device, and Cosmetic Salvage Act › Section 432.024. Refund of Administrative Penalty

Sec. 432.024.  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. 556, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1023, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 432 - Food, Drug, Device, and Cosmetic Salvage Act › Section 432.025. Recovery of Administrative Penalty by Attorney General

Sec. 432.025.  RECOVERY OF ADMINISTRATIVE PENALTY BY ATTORNEY GENERAL.  The attorney general, at the request of the commissioner, may bring a civil action to recover an administrative penalty under this chapter.
Added by Acts 1993, 73rd Leg., ch. 556, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 432 - Food, Drug, Device, and Cosmetic Salvage Act › Section 432.026. Detained or Embargoed Article

Sec. 432.026.  DETAINED OR EMBARGOED ARTICLE.  In accordance with Subchapter C, Chapter 431, the department may detain or embargo an article, including an article that is distressed merchandise, that is in the possession of a person licensed under this chapter and that is being held for the purpose of reconditioning in accordance with this chapter if the department makes the finding required by Section 431.048(e).
Added by Acts 2001, 77th Leg., ch. 265, Sec. 8, eff. May 22, 2001.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 433 - Texas Meat and Poultry Inspection Act › Subchapter A. General Provisions › Section 433.001. Short Title

Sec. 433.001.  SHORT TITLE.  This chapter may be cited as the Texas Meat and Poultry Inspection Act.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 433 - Texas Meat and Poultry Inspection Act › Subchapter A. General Provisions › Section 433.002. Policy

Sec. 433.002.  POLICY.  (a)  Meat and meat food products are an important source of the nation's total food supply.  It is essential in the public interest that the health and welfare of consumers be protected by assuring that meat and meat food products distributed to them are wholesome, unadulterated, and properly marked, labeled, and packaged.  Unwholesome, adulterated, or misbranded meat or meat food products:
(1)  injure the public welfare;
(2)  destroy markets for wholesome, unadulterated, and properly labeled and packaged meat and meat food products;
(3)  cause losses to livestock producers and processors of meat and meat food products;
(4)  cause injury to consumers;  and
(5)  can be sold at lower prices and compete unfairly with wholesome, unadulterated, and properly labeled and packaged articles, to the detriment of consumers and the public.
(b)  Regulation by the department and cooperation by this state and the United States as provided by this chapter are appropriate to protect the health and welfare of consumers and otherwise accomplish the purposes of this chapter.
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. 3.1024, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 433 - Texas Meat and Poultry Inspection Act › Subchapter A. General Provisions › Section 433.004. Adulteration

Sec. 433.004.  ADULTERATION.  A carcass, part of a carcass, meat, or a meat food product is adulterated if:
(1)  it bears or contains a poisonous or deleterious substance that may render it injurious to health unless:
(A)  the substance is not an added substance; and
(B)  the quantity of the substance in or on the article does not ordinarily render it injurious to health;
(2)  it bears or contains, because of administration of a substance to a live animal or otherwise, an added poisonous or deleterious substance that the department has reason to believe makes the article unfit for human food, other than a:
(A)  pesticide chemical in or on a raw agricultural commodity;
(B)  food additive; or
(C)  color additive;
(3)  any part of it is a raw agricultural commodity that bears or contains a pesticide chemical that is unsafe under Section 408, Federal Food, Drug, and Cosmetic Act (21 U.S.C. Section 346a);
(4)  it bears or contains a food additive that is unsafe under Section 409, Federal Food, Drug, and Cosmetic Act (21 U.S.C. Section 348) or a color additive that is unsafe for purposes of Section 721 of that Act (21 U.S.C. Section 379e);
(5)  it is not adulterated under Subdivision (3) or (4), but use of the pesticide chemical, food additive, or color additive that the article bears or contains is prohibited by department rule in establishments at which inspection is maintained under Subchapter B;
(6)  any part of it consists of a filthy, putrid, or decomposed substance or is for another reason unsound, unhealthy, unwholesome, or otherwise unfit for human food;
(7)  it is prepared, packed, or held under unsanitary conditions that may have caused it to become contaminated with filth or rendered injurious to health;
(8)  any part of it is the product of an animal, including an exotic animal, that has died in a manner other than slaughter;
(9)  any part of its container is composed of a poisonous or deleterious substance that may render the contents injurious to health;
(10)  it is intentionally subjected to radiation, unless the use of the radiation is in conformity with a regulation or exemption under Section 409, Federal Food, Drug, and Cosmetic Act (21 U.S.C. Section 348);
(11)  any part of a valuable constituent is omitted or abstracted from it, or a substance is substituted for all or part of it;
(12)  damage or inferiority is concealed;
(13)  a substance has been added to or mixed or packed with it in a manner that:
(A)  increases its bulk or weight;
(B)  reduces its quality or strength; or
(C)  makes it appear better or of greater value than it is; or
(14)  it is margarine containing animal fat and any part of the raw material used in it consists of a filthy, putrid, or decomposed substance.
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. 3.1026, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 433 - Texas Meat and Poultry Inspection Act › Subchapter A. General Provisions › Section 433.006. Exemption for Personal Use or Donation to Nonprofit Food Bank

Sec. 433.006.  EXEMPTION FOR PERSONAL USE OR DONATION TO NONPROFIT FOOD BANK.  (a)  The provisions of this chapter requiring inspection of the slaughter of livestock and the preparation of carcasses, parts of carcasses, meat, and meat food products at establishments conducting those operations do not apply to the slaughtering of livestock or the preparation and transportation in intrastate commerce of those articles if:
(1)  the articles are:
(A)  livestock exclusively for personal use by the owner of the livestock, a member of the owner's family, or a nonpaying guest of the owner; or
(B)  exotic animals exclusively for donation by a hunter to a nonprofit food bank, as defined by Section 418.026(a), Government Code;
(2)  the slaughter or preparation is conducted at the owner's premises, the premises where the hunter killed the exotic animal, or at a processing establishment; and
(3)  the transportation is limited to moving the carcasses, parts of carcasses, meat, and meat food products to and from:
(A)  the owner's premises and a processing establishment; or
(B)  the premises where the hunter killed the exotic animal, the processing establishment, and the nonprofit food bank.
(b)  The adulteration and misbranding provisions of this chapter, other than the requirement of an inspection legend, apply to articles prepared by a processing establishment under Subsection (a).
(c)  This section does not grant a personal use exemption to an owner who intends to give carcasses, parts of carcasses, meat, or meat food products to any person other than a person listed in Subsection (a)(1).
(d)  An article described by Subsection (a)(1)(B) may not be combined with:
(1)  a meat food product regulated under the Federal Meat Inspection Act (21 U.S.C. Section 601 et seq.); or
(2)  a poultry product regulated under the federal Poultry Products Inspection Act (21 U.S.C. Section 451 et seq.).
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 539, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 338 (H.B. 2213), Sec. 1, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 338 (H.B. 2213), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 433 - Texas Meat and Poultry Inspection Act › Subchapter A. General Provisions › Section 433.007. Construction With Other Law

Sec. 433.007.  CONSTRUCTION WITH OTHER LAW.  (a)  This chapter prevails over any other law, including Chapter 431 (Texas Food, Drug, and Cosmetic Act), to the extent of any conflict.
(b)  This chapter applies to a person, establishment, animal, or article regulated under the Federal Meat Inspection Act (21 U.S.C. Section 601 et seq.) or the Federal Poultry Products Inspection Act (21 U.S.C. Section 451 et seq.).
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 539, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 433 - Texas Meat and Poultry Inspection Act › Subchapter A. General Provisions › Section 433.008. Rules

Sec. 433.008.  RULES.  (a)  The executive commissioner shall adopt rules necessary for the efficient execution of this chapter.
(b)  The executive commissioner shall adopt and use federal rules, regulations, and procedures for meat and poultry inspection, as applicable.
(c)  The executive commissioner may adopt rules requiring a processing establishment that processes livestock under Section 433.006(a)(2) to obtain a grant of custom exemption for that activity.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 539, Sec. 3, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1028, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 433 - Texas Meat and Poultry Inspection Act › Subchapter A. General Provisions › Section 433.009. Fees

Sec. 433.009.  FEES.  The department may collect fees for overtime and special services rendered to establishments, and may collect a fee for services required to be performed under this chapter relating to the inspection of animals, birds, or products that are not regulated under the Federal Meat Inspection Act (21 U.S.C. Section 601 et seq.) or the Federal Poultry Products Inspection Act (21 U.S.C. Section 451 et seq.).  The executive commissioner by rule shall set the inspection fee in an amount sufficient to recover the department's costs of providing those services.
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. 3.1029, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 433 - Texas Meat and Poultry Inspection Act › Subchapter B. Inspection and Other Regulation › Section 433.021. Inspection Before Slaughter

Sec. 433.021.  INSPECTION BEFORE SLAUGHTER.  (a)  To prevent the use in intrastate commerce of adulterated meat and meat food products, the department shall examine and inspect each livestock animal before it is allowed to enter a processing establishment in this state in which slaughtering and preparation of meat and meat food products of livestock are conducted solely for intrastate commerce.
(b)  Any livestock animal found on inspection to show symptoms of disease shall be set apart and slaughtered separately from other livestock.  The carcass of the animal shall be carefully examined and inspected as provided by department rule.
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. 3.1030, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 433 - Texas Meat and Poultry Inspection Act › Subchapter B. Inspection and Other Regulation › Section 433.022. Inspection of Carcasses

Sec. 433.022.  INSPECTION OF CARCASSES.  (a)  To prevent the use in intrastate commerce of adulterated meat and meat food products, the department shall inspect each livestock carcass or part of a carcass capable of use as human food that is to be prepared at a processing establishment in this state in which those articles are prepared solely for intrastate commerce.  If a carcass or part of a carcass is brought into the processing establishment, the inspection shall be made before a carcass or part of a carcass is allowed to enter a department in which it is to be treated and prepared for meat food products.  The department shall also inspect products that have left a processing establishment and are returned to a processing establishment in which inspection is maintained.
(b)  The inspector shall mark, stamp, tag, or label a carcass or part of a carcass found on inspection to be unadulterated as "inspected and passed," and one found adulterated as "inspected and condemned."
(c)  If an inspector considers a subsequent inspection necessary, the inspector may reinspect any carcass or part of a carcass and condemn it if it has become adulterated.
(d)  The processing establishment, in the presence of an inspector, shall destroy for food purposes each condemned carcass or part of a carcass.  If the establishment fails to destroy a condemned carcass or part of a carcass, the department may remove the inspectors from the establishment.
(e)  The executive commissioner may adopt rules that limit the entry of carcasses, parts of carcasses, meat, or meat food products into an establishment in which inspection under this chapter is maintained to assure that entry of the article into the establishment is consistent with the purposes of this chapter.
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. 3.1031, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 433 - Texas Meat and Poultry Inspection Act › Subchapter B. Inspection and Other Regulation › Section 433.023. Investigation of Disease Findings; Quarantine

Sec. 433.023.  INVESTIGATION OF DISEASE FINDINGS;  QUARANTINE.  (a)  The department may investigate a disease finding by a livestock inspector if the department determines that the investigation is in the best interest of public health.
(b)  If a disease adverse to the public health is found under this chapter, the commissioner may quarantine the premises where an animal is located that is afflicted with any stage of a disease that may be transmitted to man or other animals.  A quarantined animal may be removed from a quarantined area only on permission from and under supervision by the commissioner.
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. 3.1032, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 433 - Texas Meat and Poultry Inspection Act › Subchapter B. Inspection and Other Regulation › Section 433.024. Inspection of Processing and Slaughtering Establishments

Sec. 433.024.  INSPECTION OF PROCESSING AND SLAUGHTERING ESTABLISHMENTS.  (a)  The department shall inspect each processing establishment in which livestock is slaughtered and meat and meat food products of the livestock are prepared solely for intrastate commerce as necessary to obtain information about the establishment's sanitary conditions.
(b)  The department shall inspect each slaughtering establishment whose primary business is the selling of livestock to be slaughtered by the purchaser on premises owned or operated by the seller.  This subsection does not nullify the provisions in Section 433.006 relating to exemptions or Section 433.0065 relating to an animal share exemption.
(c)  The executive commissioner shall adopt rules governing sanitation maintenance in processing and slaughtering establishments as defined by this section.
(d)  If sanitary conditions of a processing establishment render meat or meat food products adulterated, the department shall prohibit the meat or meat food products from being labeled, marked, stamped, or tagged as "Texas inspected and passed."
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 308, Sec. 2, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1033, eff. April 2, 2015.
Acts 2021, 87th Leg., R.S., Ch. 338 (H.B. 2213), Sec. 3, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 1137 (S.B. 691), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 433 - Texas Meat and Poultry Inspection Act › Subchapter B. Inspection and Other Regulation › Section 433.0245. Requirements for Certain Low-Volume Livestock Processing Establishments

Sec. 433.0245.  REQUIREMENTS FOR CERTAIN LOW-VOLUME LIVESTOCK PROCESSING ESTABLISHMENTS.  (a)  Except as provided by this section, the inspection and regulatory provisions of this chapter do not apply to a low-volume livestock processing establishment that is exempt from federal inspection.
(a-1)  For purposes of this section, a low-volume livestock processing establishment:
(1)  includes an establishment that processes fewer than 10,000 domestic rabbits or more than 1,000 but fewer than 10,000 poultry in a calendar year; and
(2)  does not include an establishment that processes 1,000 or fewer poultry raised by the operator of the establishment in a calendar year.
(b)  Except as provided by Subsections (e) and (f), a low-volume livestock processing establishment that is exempt from federal inspection shall register with the department in accordance with rules adopted by the executive commissioner for registration.
(c)  Except as provided by Subsections (e) and (f), a low-volume livestock processing establishment that is exempt from federal inspection shall develop a sanitary operation procedures plan.
(d)  Except as provided by Subsection (f), if contaminated livestock can be reasonably traced to a low-volume livestock processing establishment that is exempt from federal inspection, the department may request the attorney general or the district or county attorney in the jurisdiction where the facility is located to institute a civil suit to enjoin the operation of the establishment until the department determines that the establishment has been sanitized and is operating safely.
(e)  A low-volume livestock processing establishment that is exempt from federal inspection and processes fewer than 500 domestic rabbits in a calendar year is not required to comply with Subsection (b) or (c).
(f)  An establishment described by Subsection (a-1)(2):
(1)  is not subject to additional state regulation; and
(2)  may sell poultry products directly to consumers.
Added by Acts 2001, 77th Leg., ch. 730, Sec. 2, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1034, eff. April 2, 2015.
Acts 2019, 86th Leg., R.S., Ch. 1032 (H.B. 410), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 433 - Texas Meat and Poultry Inspection Act › Subchapter B. Inspection and Other Regulation › Section 433.025. Inspection of Meat Food Products

Sec. 433.025.  INSPECTION OF MEAT FOOD PRODUCTS.  (a)  To prevent the use in intrastate commerce of adulterated meat food products, the department shall examine and inspect all meat food products prepared in a processing establishment solely for intrastate commerce.  To make the examination and inspection, an inspector shall be given access at all times to each part of the establishment, regardless of whether the establishment is being operated.
(b)  The inspector shall mark, stamp, tag, or label products found unadulterated as "Texas inspected and passed" and those found adulterated as "Texas inspected and condemned."
(c)  The establishment shall, in the manner provided for condemned livestock or carcasses, destroy for food purposes each condemned meat food product.  If the establishment does not destroy a condemned meat food product, the department may remove inspectors from the establishment.
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. 3.1035, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 433 - Texas Meat and Poultry Inspection Act › Subchapter B. Inspection and Other Regulation › Section 433.026. Night Inspection; Hours of Operation

Sec. 433.026.  NIGHT INSPECTION;  HOURS OF OPERATION.  (a)  The department shall provide for inspection at night of livestock slaughtered at night and food products prepared at night for the purposes of intrastate commerce.
(b)  If the department determines that a person's operating hours are capricious or unnecessarily difficult, the department may set the person's time and duration of operation.
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. 3.1036, eff. April 2, 2015.