reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle G - Environmental Health › Chapter 427 - Texas Environmental Health Institute › Section 427.003. Purposes

Sec. 427.003.  PURPOSES.  The purposes of the institute are to:
(1)  develop a statewide plan to identify health conditions, related or potentially related to environmental contamination, of residents of this state who live or have lived within the immediately surrounding area of a federal superfund site or a state superfund site;
(2)  develop a plan to promote and protect the health and safety of residents in immediately surrounding areas by preventing or reducing their health risks from exposure to chemical and biological contaminants, radioactive materials, and other hazards in the environment and the workplace;
(3)  develop a plan for informing and educating citizens in immediately surrounding areas about the identified health risks and ways to prevent or reduce exposure;
(4)  identify private and federal funding opportunities for institute operations;  and
(5)  conduct, coordinate, or pursue funding for research concerning short-term and long-term impacts of exposure to environmental contamination.
Added by Acts 2001, 77th Leg., ch. 965, Sec. 19.01, eff. Sept. 1, 2001.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle G - Environmental Health › Chapter 427 - Texas Environmental Health Institute › Section 427.004. Programs

Sec. 427.004.  PROGRAMS.  The commission and the department may establish at the institute any programs necessary to carry out the institute's established purposes under this chapter.  The commission and the executive commissioner of the Health and Human Services Commission may contract with public or private entities to carry out the institute's purposes.
Added by Acts 2001, 77th Leg., ch. 965, Sec. 19.01, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 12.018, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle G - Environmental Health › Chapter 427 - Texas Environmental Health Institute › Section 427.005. Gifts and Grants

Sec. 427.005.  GIFTS AND GRANTS.  The commission and the department may accept and administer gifts and grants to fund the institute from any individual, corporation, trust, or foundation or the United States, subject to limitations or conditions imposed by law.
Added by Acts 2001, 77th Leg., ch. 965, Sec. 19.01, eff. Sept. 1, 2001.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 430 - General Provisions › Section 430.001. Definitions

Sec. 430.001.  DEFINITIONS.  In this subtitle:
(1)  "Commissioner" means the commissioner of state health services.
(2)  "Department" means the Department of State Health Services.
(3)  "Executive commissioner" means the executive commissioner of the Health and Human Services Commission.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0940, 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 431 - Texas Food, Drug, and Cosmetic Act › Subchapter A. General Provisions › Section 431.001. Short Title

Sec. 431.001.  SHORT TITLE.  This chapter may be cited as the Texas Food, Drug, and Cosmetic 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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 C. Enforcement › Section 431.049. Removal Order for Detained or Embargoed Article

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

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

Sec. 431.050.  CONDEMNATION.  An action for the condemnation of an article may be brought before a court in whose jurisdiction the article is located, detained, or embargoed if the article is adulterated, misbranded, or in violation of Section 431.084, 431.114, or 431.115.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
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 C. Enforcement › Section 431.051. Destruction of Article

Sec. 431.051.  DESTRUCTION OF ARTICLE.  (a)  A court shall order the destruction of a sampled article or a detained or embargoed article if the court finds that the article is adulterated or misbranded.
(b)  After entry of the court's order, an authorized agent shall supervise the destruction of the article.
(c)  The claimant of the article shall pay the cost of the destruction of the article.
(d)  The court shall tax against the claimant of the article or the claimant's agent all court costs and fees, and storage and other proper expenses.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
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 C. Enforcement › Section 431.052. Correction by Proper Labeling or Processing

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

Sec. 431.053.  CONDEMNATION OF PERISHABLE ARTICLES.  (a)  The department shall immediately condemn or render by any means unsalable as human food an article that is a nuisance under Subsection (b) and that the department finds in any room, building, or other structure or in a vehicle.
(b)  Any meat, seafood, poultry, vegetable, fruit, or other perishable article is a nuisance if it:
(1)  is unsound;
(2)  contains a filthy, decomposed, or putrid substance;  or
(3)  may be poisonous or deleterious to health or otherwise unsafe.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0954, eff. April 2, 2015.
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 C. Enforcement › Section 431.054. Administrative Penalty

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

Sec. 431.055.  ADMINISTRATIVE PENALTY ASSESSMENT PROCEDURE.  (a)  An administrative penalty may be assessed only after a person charged with a violation is given an opportunity for a hearing.
(b)  If a hearing is held, an administrative law judge of the State Office of Administrative Hearings shall make findings of fact and shall issue to the department a written proposal for decision regarding the occurrence of the violation and the amount of the penalty that may be warranted.
(c)  If the person charged with the violation does not request a hearing, the department may assess a penalty after determining that a violation has occurred and the amount of the penalty that may be warranted.
(d)  After making a determination under this section that a penalty is to be assessed against a person, the department shall issue an order requiring that the person pay the penalty.
(e)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 3.1639(75), eff. April 2, 2015.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0956, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1639(75), eff. April 2, 2015.
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 C. Enforcement › Section 431.056. Payment of Administrative Penalty

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

Sec. 431.057.  REFUND OF ADMINISTRATIVE PENALTY.  On the date the court's judgment that an administrative penalty against a person should be reduced or not assessed becomes final, the court shall order that:
(1)  the appropriate amount of any penalty payment plus accrued interest be remitted to the person not later than the 30th day after that date; or
(2)  the bond be released, if the person has posted a bond.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0958, eff. April 2, 2015.
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 C. Enforcement › Section 431.058. Recovery of Administrative Penalty by Attorney General

Sec. 431.058.  RECOVERY OF ADMINISTRATIVE PENALTY BY ATTORNEY GENERAL.  The attorney general at the request of the department may bring a civil action to recover an administrative penalty under this subchapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0959, eff. April 2, 2015.
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 C. Enforcement › Section 431.0585. Civil Penalty

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

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

Sec. 431.061.  MINOR VIOLATION.  This chapter does not require the department or a health authority to report for prosecution or the institution of proceedings under this chapter a minor violation of this chapter if the department or health authority believes that the public interest is adequately served by a suitable written notice or warning.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0963, eff. April 2, 2015.
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 D. Food › Section 431.0805. Definitions

Sec. 431.0805.  DEFINITIONS.  In this subchapter:
(1)  "Analogue product" means a food product derived by combining processed plant products, insects, or fungus with food additives to approximate the texture, flavor, appearance, or other aesthetic qualities or the chemical characteristics of any specific type of egg, egg product, fish, meat, meat food product, poultry, or poultry product.
(2)  "Cell-cultured product" means a food product derived by harvesting animal cells and artificially replicating those cells in a growth medium in a laboratory to produce tissue.
(3)  "Close proximity" means:
(A)  immediately before or after the name of the product;
(B)  in the line of the label immediately before or after the line containing the name of the product; or
(C)  within the same phrase or sentence containing the name of the product.
(4)  "Egg" has the meaning assigned by Section 4(g), Egg Products Inspection Act (21 U.S.C. Section 1033(g)).  The term does not include an analogue product or a cell-cultured product.
(5)  "Egg product" has the meaning assigned by Section 4(f), Egg Products Inspection Act (21 U.S.C. Section 1033(f)).  The term does not include an analogue product or a cell-cultured product.
(6)  "Fish" has the meaning assigned by Section 403 of the federal Act (21 U.S.C. Section 343(q)(4)(E)).  The term does not include an analogue product or a cell-cultured product.
(7)  "Meat" has the meaning assigned by 9 C.F.R. Section 301.2.  The term does not include an analogue product or a cell-cultured product.
(8)  "Meat food product" has the meaning assigned by Section 1(j), Federal Meat Inspection Act (21 U.S.C. Section 601(j)).  The term does not include an analogue product or a cell-cultured product.
(9)  "Poultry" has the meaning assigned by Section 4(e), Poultry Products Inspection Act (21 U.S.C. Section 453(e)).  The term does not include an analogue product or a cell-cultured product.
(10)  "Poultry product" has the meaning assigned by Section 4(f), Poultry Products Inspection Act (21 U.S.C. Section 453(f)).  The term does not include an analogue product or a cell-cultured product.
Added by Acts 2023, 88th Leg., R.S., Ch. 32 (S.B. 664), Sec. 1, 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 431 - Texas Food, Drug, and Cosmetic Act › Subchapter D. Food › Section 431.083. Food Labeling Exemptions

Sec. 431.083.  FOOD LABELING EXEMPTIONS.  (a)  Except as provided by Subsection (c), the executive commissioner shall adopt rules exempting from any labeling requirement of this chapter:
(1)  small open containers of fresh fruits and fresh vegetables; and
(2)  food that is in accordance with the practice of the trade, to be processed, labeled, or repacked in substantial quantities at establishments other than those where originally processed or packed, on conditions that the food is not adulterated or misbranded under the provisions of this chapter when removed from the processing, labeling, or repacking establishment.
(b)  Food labeling exemptions adopted under the federal Act apply to food in this state except as modified or rejected by department rules.
(c)  The executive commissioner may not adopt rules under Subsection (a) to exempt foods from the labeling requirements of Sections 403(q) and (r) of the federal Act.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 459, Sec. 4, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0966, eff. April 2, 2015.