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 433 - Texas Meat and Poultry Inspection Act › Subchapter F. Enforcement › Section 433.095. Administrative Penalty Assessment Procedure

Sec. 433.095.  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, the administrative law judge 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(e)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 3.1639(77), eff. April 2, 2015.
Added by Acts 1991, 72nd Leg., ch. 388, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1069, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1639(77), 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 F. Enforcement › Section 433.096. Payment of Administrative Penalty

Sec. 433.096.  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)  Within the period prescribed by Subsection (b), a person who files a petition for judicial review may:
(1)  stay the 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 1991, 72nd Leg., ch. 388, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1070, 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 F. Enforcement › Section 433.097. Refund of Administrative Penalty

Sec. 433.097.  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 1991, 72nd Leg., ch. 388, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1071, 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 F. Enforcement › Section 433.098. Recovery of Administrative Penalty by Attorney General

Sec. 433.098.  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.
Added by Acts 1991, 72nd Leg., ch. 388, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1072, 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 F. Enforcement › Section 433.099. Injunction

Sec. 433.099.  INJUNCTION.  (a)  If it appears that a person has violated or is violating this chapter or a rule adopted under this chapter, the department may request the attorney general or the district attorney or county attorney in the jurisdiction where the violation is alleged to have occurred, is occurring, or may occur to institute a civil suit for:
(1)  an order enjoining the violation; or
(2)  a permanent or temporary injunction, a temporary restraining order, or other appropriate remedy, if the department shows that the person has engaged in or is engaging in a violation.
(b)  Venue for a suit brought under this section is in the county in which the violation occurred or in Travis County.
(c)  The department or the attorney general may recover reasonable expenses incurred in obtaining injunctive relief under this section, including investigation and court costs, reasonable attorney's fees, witness fees, and other expenses.  The expenses recovered by the department under this section may be used for the administration and enforcement of this chapter.  The expenses recovered by the attorney general may be used by the attorney general for any purpose.
Added by Acts 2001, 77th Leg., ch. 730, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1073, 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 F. Enforcement › Section 433.100. Emergency Withdrawal of Mark or Suspension of Inspection Services

Sec. 433.100.  EMERGENCY WITHDRAWAL OF MARK OR SUSPENSION OF INSPECTION SERVICES.  (a)  The department may immediately withhold the mark of inspection or suspend or withdraw inspection services if:
(1)  the department determines that a violation of this chapter presents an imminent threat to public health and safety; or
(2)  a person affiliated with the processing establishment impedes an inspection under this chapter.
(b)  An affected person is entitled to a review of an action of the department under Subsection (a) in the same manner that a refusal or withdrawal of inspection services may be reviewed under Section 433.028.
Added by Acts 2001, 77th Leg., ch. 730, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1074, 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 434 - Public Health Provisions Relating to Production of Baked Goods › Subchapter A. Bakeries › Section 434.001. Definition

Sec. 434.001.  DEFINITION.  In this subchapter "bakery" means a business producing, preparing, storing, or displaying bakery products intended for sale for human consumption.
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 434 - Public Health Provisions Relating to Production of Baked Goods › Subchapter A. Bakeries › Section 434.002. Bakery Requirements

Sec. 434.002.  BAKERY REQUIREMENTS.  (a)  A building used or occupied as a bakery shall be clean and properly lighted, drained, and ventilated.
(b)  A bakery shall have adequate plumbing and drainage facilities, including suitable wash sinks and restroom facilities.  Restroom facilities shall be separate from the rooms in which the bakery products are produced or handled.  Each wash sink area and restroom facility shall be clean, sanitary, well lit, and ventilated.
(c)  The floors, walls, and ceilings of a room in which dough is mixed or handled, pastry is prepared for baking, or bakery products or the ingredients of those products are otherwise handled or stored shall be clean, wholesome, and sanitary.  Each opening into the room, including a window or door, shall be properly screened or otherwise protected to exclude flies.
(d)  A showcase, shelf, or other place from which bakery products are sold shall at all times be clean, wholesome, covered, properly ventilated, and protected from dust and flies.
(e)  A workroom may not be used for purposes other than those directly connected with the preparation, baking, storage, or handling of food.  A workroom may not be used as a washing, sleeping, or living room and shall at all times be kept separate and closed from living and sleeping rooms.
(f)  Each bakery shall provide, separate from the workrooms, a dressing room for the changing and hanging of wearing apparel.  Each dressing room shall be kept clean at all times.
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 434 - Public Health Provisions Relating to Production of Baked Goods › Subchapter A. Bakeries › Section 434.003. Sanitary Requirements

Sec. 434.003.  SANITARY REQUIREMENTS.  (a)  A person may not sit or lie on any table, bench, trough, or shelf intended for dough or bakery products.
(b)  Animals or fowl may not be kept or allowed in any bakery or other place where bakery products are produced or stored.
(c)  A person engaged in the preparation or handling of bakery products shall wash the person's arms and hands thoroughly before beginning the preparation, mixing, or handling of ingredients used in baking.  A bakery shall provide sufficient soap, washbasins, and clean towels for that purpose.
(d)  A person may not use tobacco in any form in any room in which a bakery product is manufactured, wrapped, or prepared for sale.
(e)  A person with a communicable disease may not work in a bakery, handle any product in the bakery, or deliver a product from the bakery.
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 434 - Public Health Provisions Relating to Production of Baked Goods › Subchapter A. Bakeries › Section 434.004. Wholesome Ingredients Required

Sec. 434.004.  WHOLESOME INGREDIENTS REQUIRED.  (a)  Materials used in the production or preparation of bakery products shall be stored, handled, and maintained in a manner that protects the materials from spoiling and contamination.  Materials may not be used if spoiled, contaminated, or otherwise likely to make the bakery product unwholesome or unfit as food.
(b)  The ingredients used in the production of bakery products and the sale or offering for sale of those products shall comply with the laws relating to the adulteration and misbranding of food.  Ingredients may not be used that may make the bakery product injurious to health.
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 434 - Public Health Provisions Relating to Production of Baked Goods › Subchapter A. Bakeries › Section 434.005. Requirements for Transportation of Bakery Products

Sec. 434.005.  REQUIREMENTS FOR TRANSPORTATION OF BAKERY PRODUCTS.  A vehicle, box, basket, or other receptacle in which bakery products are transported shall at all times be kept clean and free from dust, flies, or other contaminants.
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 434 - Public Health Provisions Relating to Production of Baked Goods › Subchapter A. Bakeries › Section 434.006. Storage Receptacle Requirements

Sec. 434.006.  STORAGE RECEPTACLE REQUIREMENTS.  (a)  A box or other receptacle for the storage or receipt of bakery products shall be:
(1)  constructed and placed to be free from contamination from streets, alleys, and sidewalks;
(2)  raised at least 10 inches above the level of the street or sidewalk;  and
(3)  clean and sanitary.
(b)  Bread may not be placed in a storage box with other food except other bakery products.
(c)  A storage box shall be equipped with a private lock and shall be kept locked except when opened to receive or remove bakery products or when being cleaned.
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 434 - Public Health Provisions Relating to Production of Baked Goods › Subchapter A. Bakeries › Section 434.007. Weight Standards for Bread Loaves

Sec. 434.007.  WEIGHT STANDARDS FOR BREAD LOAVES.  (a)  Loaves of bread made by persons in the business of wholesaling and retailing bread must comply with the weight standards in this section.
(b)  The standard weights for a loaf of bread are:
(1)  one pound;
(2)  1-1/2 pounds;  or
(3)  any other multiple of one pound.
(c)  This section does not prohibit the sale of bread slices in properly labeled packages weighing eight ounces or less.
(d)  Variations in the weight standard may not exceed one ounce a pound within 24 hours after baking.
(e)  This section does not affect the authority of the Department of Agriculture under Subchapter B, Chapter 13, Agriculture Code.
(f)  This section does not apply to a food service establishment as defined under Chapter 437 or a food establishment licensed under Chapter 431 as a food manufacturer.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1999, 76th Leg., ch. 1534, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 434 - Public Health Provisions Relating to Production of Baked Goods › Subchapter A. Bakeries › Section 434.008. Criminal Penalty

Sec. 434.008.  CRIMINAL PENALTY.  (a)  A person who violates this subchapter commits an offense.
(b)  An offense under this section is punishable by a fine of not less than $25 or more than $200.
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 434 - Public Health Provisions Relating to Production of Baked Goods › Subchapter B. Adulterated Ingredients › Section 434.021. Baking Powder

Sec. 434.021.  BAKING POWDER.  Baking powder that contains less than 10 percent of available carbon dioxide is adulterated.
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 434 - Public Health Provisions Relating to Production of Baked Goods › Subchapter B. Adulterated Ingredients › Section 434.022. Self-Rising Flour

Sec. 434.022.  SELF-RISING FLOUR.  (a)  In this section, "self-rising flour" means a combination of flour, salt, and chemical leavening ingredients.  The flour must be at least of the "straight" grade, and the chemical leavening ingredients must be bicarbonate of soda and:
(1)  calcium acid phosphate;
(2)  sodium aluminum sulphate;
(3)  cream of tartar;
(4)  tartaric acid;  or
(5)  a combination of those ingredients.
(b)  A self-rising flour or other compound by that name must produce when sold not less than one-half percent by weight of available carbon dioxide gas and may not contain more than 3-1/2 percent chemical leavening ingredients.
(c)  A self-rising flour or other compound by that name that does not meet the requirements of Subsection (b) is adulterated.
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 435 - Dairy Products › Subchapter A. Milk Offered for Sale and Milk Grading › Section 435.001. Definitions

Sec. 435.001.  DEFINITIONS.  In this subchapter:
(1)   "Department" means the Department of State Health Services.
(2)  "Executive commissioner" means the executive commissioner of the Health and Human Services Commission.
(3)  "Person" means an individual, plant operator, partnership, corporation, company, firm, trustee, or association.
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. 3.1075, 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 435 - Dairy Products › Subchapter A. Milk Offered for Sale and Milk Grading › Section 435.0015. Applicability of Other Law

Sec. 435.0015.  APPLICABILITY OF OTHER LAW.  Except as provided by Section 431.010(c), Chapter 431 applies to a person and milk or a milk product regulated under this chapter.
Added by Acts 2003, 78th Leg., ch. 757, Sec. 3, 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 435 - Dairy Products › Subchapter A. Milk Offered for Sale and Milk Grading › Section 435.002. Grading of Milk and Milk Products

Sec. 435.002.  GRADING OF MILK AND MILK PRODUCTS.   The executive commissioner may regulate the grading and labeling of milk and milk products.  The department shall supervise the grading and labeling of milk and milk products according to the standards, specifications, and requirements adopted by the executive commissioner for each grade and in conformity with this subchapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1387 (S.B. 1714), Sec. 5, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1076, 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 435 - Dairy Products › Subchapter A. Milk Offered for Sale and Milk Grading › Section 435.003. Milk Specifications

Sec. 435.003.  MILK SPECIFICATIONS.  (a)  The executive commissioner by rule may:
(1)  define what constitutes Grade "A" raw milk, Grade "A" raw milk products, Grade "A" pasteurized milk, Grade "A" pasteurized milk products, milk for manufacturing purposes, and dairy products; and
(2)  provide specifications for the production and handling of milk and milk products listed in Subdivision (1) according to the safety and food value of the milk or milk products and the sanitary conditions under which they are produced and handled.
(b)  The rules must be based on and consistent with the most recent federal definitions, specifications, rules, and regulations relating to milk and milk products.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1387 (S.B. 1714), Sec. 1, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1387 (S.B. 1714), Sec. 2, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1077, 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 435 - Dairy Products › Subchapter A. Milk Offered for Sale and Milk Grading › Section 435.004. Inspection of Milk and Milk Products by Department

Sec. 435.004.  INSPECTION OF MILK AND MILK PRODUCTS BY DEPARTMENT.  (a)  The department shall sample, test, or inspect Grade "A" pasteurized milk and milk products, Grade "A" raw milk and milk products for pasteurization, milk for manufacturing purposes, and dairy products that are offered for sale.
(b)  Grade "A" pasteurized milk and milk products and Grade "A" raw milk and milk products for pasteurization that come from beyond the limits of state inspection shall be sampled, tested, or inspected to determine if department standards and requirements for milk and milk products are met.
(c)  Sampling, testing, and inspection of Grade "A" pasteurized milk and milk products and Grade "A" raw milk and milk for pasteurization shall include, in addition to any other tests that may be required, tests for:
(1)  plate count or direct microscopic count;
(2)  antibiotics;
(3)  sediments;
(4)  phosphatase; and
(5)  water and any elements foreign to the natural contents of Grade "A" pasteurized milk and milk products and Grade "A" raw milk and milk products for pasteurization.
(d)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 1387, Sec. 5, eff. September 1, 2007.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1387 (S.B. 1714), Sec. 3, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1387 (S.B. 1714), Sec. 5, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1078, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1079, 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 435 - Dairy Products › Subchapter A. Milk Offered for Sale and Milk Grading › Section 435.005. Inspection of Milk and Milk Products by Other Entities

Sec. 435.005.  INSPECTION OF MILK AND MILK PRODUCTS BY OTHER ENTITIES.  (a)  The department may contract with a county or municipality to act as the agent of the department to inspect milk and milk products and to perform other regulatory functions necessary to enforce this subchapter.
(b)  A municipality, county, or other political subdivision may test and inspect milk or milk products.  In the absence of a contract under Subsection (a), the municipality, county, or other political subdivision must pay the cost of the test or inspection.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1080, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 435 - Dairy Products › Subchapter A. Milk Offered for Sale and Milk Grading › Section 435.006. Permit to Sell Milk

Sec. 435.006.  PERMIT TO SELL MILK.  (a)  A person who offers milk or milk products for sale or to be sold in this state must hold a permit issued by the department.  The person must apply to the department for a permit.
(b)  After receiving the application, the department may determine and award the grade of milk or milk products offered for sale by each applicant according to the specifications for grades established under this chapter.
(c)  The department shall maintain a list of the names of all applicants to whom the department has awarded permission to use a Grade "A" label and remove from the list the name of a person whose permit is revoked.
(d)  The department may not issue a permit to a person for a producer dairy located in an area infected with or at a high risk for bovine tuberculosis, as determined epidemiologically and defined by rule of the Texas Animal Health Commission.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2001, 77th Leg., ch. 445, Sec. 2, eff. June 4, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1081, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 435 - Dairy Products › Subchapter A. Milk Offered for Sale and Milk Grading › Section 435.007. Use of Misleading Label

Sec. 435.007.  USE OF MISLEADING LABEL.  (a)  A person may not use a label, device, or design marked Grade "A," or any other grade, statement, device, or design related to the safety, sanitary quality, or food value, on milk or milk products produced, offered for sale, or sold in this state that is misleading or does not conform to the requirements of this subchapter.
(b)  A person may not represent, publish, label, or advertise milk or milk products as being Grade "A" unless the milk or milk products are:
(1)  produced or processed by a person having a permit to use a Grade "A" label as provided by this subchapter; and
(2)  produced, treated, and handled in accordance with the specifications and requirements adopted by the executive commissioner for Grade "A" milk and milk products.
(c)  A person may not sell to a consumer milk or a milk product labeled Grade "A" that has not been produced or processed by a person who has a Grade "A" permit under this subchapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1082, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 435 - Dairy Products › Subchapter A. Milk Offered for Sale and Milk Grading › Section 435.008. Milk for Resale

Sec. 435.008.  MILK FOR RESALE.  A person is not required to hold a permit to resell or offer for resale in the same container any milk or milk products that are represented or advertised as a grade of milk or milk products and that are purchased from a person holding a permit authorizing that representation or advertisement.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 435 - Dairy Products › Subchapter A. Milk Offered for Sale and Milk Grading › Section 435.009. Fees

Sec. 435.009.  FEES.  (a)  A political subdivision or agency of this state, other than the department, may not impose a fee on milk or a milk product, or on a person for the movement, distribution, or sale of milk or a milk product.
(b)  The department shall impose the following fees only:
(1)  a permit fee of $200 every two years for a producer dairy farm;
(2)  a permit fee of $800 every two years for a processing or bottling plant;
(3)  a permit fee of $800 every two years for a receiving and transfer station;
(4)  a permit fee of $200 every two years for a milk transport tanker;
(5)  a fee of 4-1/2 cents for each 100 pounds of milk or milk products processed and distributed in this state by a processing or bottling plant in this state, or processed by an out-of-state processing or bottling plant and sold in this state; and
(6)  a fee of 1-1/2 cents for each 100 pounds of dairy products processed by a processing or bottling plant in this state.
(c)  The executive commissioner shall adopt rules for the department to assess and collect the fees imposed by Subsections (b)(5) and (6) monthly, quarterly, semiannually, or annually according to amounts due by the plant.  Monthly fees shall be assessed and collected in accordance with department rules.
(d)  A permit issued under this chapter is valid for two years and must be renewed not later than September 1 of the year in which the permit expires.
(e)  The department shall prorate fees paid for permits issued under this chapter after the beginning of a permit year.
(f)  In this section:
(1)  "Dairy farm" means a place where one or more cows or goats are kept and from which milk or milk products are provided, sold, or offered for sale to a milk plant or transfer station.
(2)  "Transfer station" means a place where milk or milk products are transferred directly from one transport tank to another.
(g)  Subject to legislative appropriation, the department may use money collected under Subsection (b)(5) only for milk inspection.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 411, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1387 (S.B. 1714), Sec. 4, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1083, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 435 - Dairy Products › Subchapter A. Milk Offered for Sale and Milk Grading › Section 435.010. Records

Sec. 435.010.  RECORDS.  The executive commissioner by rule shall establish minimum standards for recordkeeping by persons required to pay a fee under this subchapter.  Those persons shall make the records available to the department on request.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1084, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 435 - Dairy Products › Subchapter A. Milk Offered for Sale and Milk Grading › Section 435.011. Hearing

Sec. 435.011.  HEARING.  (a)  The executive commissioner shall establish a procedure by which a person aggrieved by the application of a department rule may receive a hearing under Chapter 2001, Government Code.
(b)  The refusal or the suspension or revocation of a permit by the department and the appeal of that action are governed by the procedures for a contested case hearing under Chapter 2001, Government Code.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 757, Sec. 4, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1085, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 435 - Dairy Products › Subchapter A. Milk Offered for Sale and Milk Grading › Section 435.012. Refusal to Grant Permit; Suspension or Revocation of Permit

Sec. 435.012.  REFUSAL TO GRANT PERMIT;  SUSPENSION OR REVOCATION OF PERMIT.  (a)  The department may refuse an application for a permit under this chapter or may suspend or revoke a permit issued under this chapter.
(b)  The department may revoke and regrade permits if on inspection the department finds that the use of the grade label does not conform to the specifications or requirements adopted by the executive commissioner under this chapter.
(c)  The executive commissioner by rule shall:
(1)  provide for the denial, suspension, or revocation of a permit; and
(2)  establish reasonable minimum standards for granting and maintaining a permit issued under this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2003, 78th Leg., ch. 757, Sec. 5, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1086, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 435 - Dairy Products › Subchapter A. Milk Offered for Sale and Milk Grading › Section 435.013. Municipal Regulation Authorized

Sec. 435.013.  MUNICIPAL REGULATION AUTHORIZED.  A municipality by ordinance may allow only pasteurized milk and pasteurized milk products to be sold at retail in that municipality.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 435 - Dairy Products › Subchapter A. Milk Offered for Sale and Milk Grading › Section 435.014. Criminal Penalty

Sec. 435.014.  CRIMINAL PENALTY.  (a)  A person commits an offense if the person violates this chapter.
(b)  An offense under this section is punishable by a fine of not less than $25 or more than $200.
(c)  Each violation constitutes a separate offense.
(d)  The penalty prescribed by this section is subject to either the sanctions prescribed in the Grade A Pasteurized Milk Ordinance for products covered by the ordinance or any civil or administrative penalty or sanction otherwise imposed by Chapter 431 or other law for products not covered by the ordinance.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2003, 78th Leg., ch. 757, Sec. 6, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 435 - Dairy Products › Subchapter B. Special Requirements; Sale of Milk › Section 435.021. Imported Milk

Sec. 435.021.  IMPORTED MILK.  (a)  In this section:
(1)  "Political subdivision" means a county or municipality or a school, junior college, water, hospital, reclamation, or other special-purpose district.
(2)  "State agency" means an agency, department, board, or commission of the state or a state eleemosynary, educational, rehabilitative, correctional, or custodial facility.
(b)  A state agency or political subdivision may not purchase milk, cream, butter, or cheese, or a product consisting largely of one or more of those items, that has been imported from outside the United States.
(c)  This section does not apply to the purchase of milk powder if domestic milk powder is not readily available in the normal course of business.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Renumbered from Sec. 435.022 by Acts 1989, 71st Leg., ch. 1100, Sec. 5.06(b), eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 436 - Aquatic Life › Subchapter A. General Provisions › Section 436.001. Short Title

Sec. 436.001.  SHORT TITLE.  This chapter may be cited as the Texas Aquatic Life Act.
Amended by Acts 1993, 73rd Leg., ch. 336, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 436 - Aquatic Life › Subchapter A. General Provisions › Section 436.003. Health Authority Power to Delegate

Sec. 436.003.  HEALTH AUTHORITY POWER TO DELEGATE.   A health authority may delegate any power or duty imposed on the health authority in this chapter to an employee of the local health department, the local health unit, or the public health district in which the health authority serves, unless otherwise restricted by law.
Amended by Acts 1993, 73rd Leg., ch. 336, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1088, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 436 - Aquatic Life › Subchapter C. Enforcement › Section 436.021. Definition

Sec. 436.021.  DEFINITION.  In this subchapter, "detained or embargoed article" means molluscan shellfish or crabmeat that has been detained or embargoed under Section 436.028.
Amended by Acts 1993, 73rd Leg., ch. 336, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 436 - Aquatic Life › Subchapter C. Enforcement › Section 436.022. Inspection

Sec. 436.022.  INSPECTION.  (a)  The department or a health authority may, on presenting appropriate credentials to the owner, operator, or agent in charge:
(1)  enter at reasonable times, including when processing is conducted, an establishment or location in which molluscan shellfish or crabmeat is processed, packed, pasteurized, or held for introduction into commerce or held after introduction into commerce;
(2)  enter a vehicle being used to transport or hold the molluscan shellfish or crabmeat in commerce; or
(3)  inspect the establishment, location, or vehicle, including equipment, records, files, papers, materials, containers, labels, or other items, and obtain samples necessary for enforcement of this chapter.
(b)  The inspection of an establishment or location is to determine whether the molluscan shellfish or crabmeat:
(1)  is adulterated or misbranded;
(2)  may not be processed, introduced into commerce, sold, or offered for sale under this chapter or department rules; or
(3)  is otherwise in violation of this chapter.
(c)  The department or a health authority may not inspect:
(1)  financial data;
(2)  sales data, other than shipment data;
(3)  pricing data;
(4)  personnel data, other than personnel data relating to the qualifications of technical and professional personnel; or
(5)  research data.
Amended by Acts 1993, 73rd Leg., ch. 336, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1090, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 436 - Aquatic Life › Subchapter C. Enforcement › Section 436.023. Access to Records

Sec. 436.023.  ACCESS TO RECORDS.  A person who is required to maintain records under this chapter or a department rule or a person who is in charge or custody of those records on request shall permit the department or health authority at all reasonable times to have access to and to copy the records.
Amended by Acts 1993, 73rd Leg., ch. 336, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1091, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 436 - Aquatic Life › Subchapter C. Enforcement › Section 436.024. Access to Records Showing Movement in Commerce

Sec. 436.024.  ACCESS TO RECORDS SHOWING MOVEMENT IN COMMERCE.  (a)  A commercial carrier or other person receiving or holding molluscan shellfish or crabmeat in commerce on request shall permit the department or health authority at all reasonable times to have access to and to copy all records showing:
(1)  the movement in commerce of the molluscan shellfish or crabmeat;
(2)  the holding after movement in commerce of the molluscan shellfish or crabmeat; or
(3)  the quantity, shipper, and consignee of the molluscan shellfish or crabmeat.
(b)  The carrier or other person may not refuse access to and copying of the requested records if the request is accompanied by a written statement that specifies the nature or kind of molluscan shellfish or crabmeat to which the request relates.
(c)  A carrier is not subject to other provisions of this chapter solely because of the carrier's receipt, carriage, holding, or delivery of molluscan shellfish or crabmeat in the usual course of business as a carrier.
Amended by Acts 1993, 73rd Leg., ch. 336, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1092, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 436 - Aquatic Life › Subchapter C. Enforcement › Section 436.025. Emergency Order

Sec. 436.025.  EMERGENCY ORDER.  (a)  The department may issue an emergency order that mandates or prohibits the taking, processing, or sale of molluscan shellfish or crabmeat in the department's jurisdiction if:
(1)  the processing or sale of the molluscan shellfish or crabmeat creates or poses an immediate threat to human life or health; and
(2)  other procedures available to the department to remedy or prevent the threat will result in unreasonable delay.
(b)  The department may issue the emergency order without notice and hearing if the department or a person designated by the department determines that issuing the emergency order without notice and hearing is necessary under the circumstances.
(c)  If an emergency order is issued without a hearing, the department shall determine the earliest time and place for a hearing at which the emergency order shall be affirmed, modified, or set aside.  The hearing shall be held under department rules.
(d)  This section prevails over Section 12.001.
Amended by Acts 1993, 73rd Leg., ch. 336, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1093, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 436 - Aquatic Life › Subchapter C. Enforcement › Section 436.026. Violation; Injunction

Sec. 436.026.  VIOLATION;  INJUNCTION.  (a)  The department or a health authority may petition the district court for a temporary restraining order to restrain a continuing violation or a threat of a continuing violation of Section 436.011 if the department or health authority believes that:
(1)  a person has violated, is violating, or is threatening to violate a provision of Section 436.011; and
(2)  the violation or threatened violation creates an immediate threat to the health and safety of the public.
(b)  If the court finds that a person is violating or threatening to violate Section 436.011, the court shall grant injunctive relief.
(c)  Venue for a suit brought under this section is in the county in which the violation or threat of violation is alleged to have occurred or in Travis County.
Amended by Acts 1993, 73rd Leg., ch. 336, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1094, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 436 - Aquatic Life › Subchapter C. Enforcement › Section 436.027. Civil Penalty

Sec. 436.027.  CIVIL PENALTY.  (a)  At the request of the department, the attorney general or a district, county, or municipal attorney shall institute an action in district or county court to collect a civil penalty from a person who has violated Section 436.011.
(b)  A person who violates Section 436.011 is liable for a civil penalty not to exceed $25,000 a day for each violation.  Each day of a continuing violation constitutes a separate violation for purposes of penalty assessment.
(c)  In determining the amount of the penalty, the court shall consider:
(1)  the person's history of previous violations under this chapter;
(2)  the seriousness of the violation;
(3)  any hazard to the health and safety of the public;
(4)  the demonstrated good faith of the person;  and
(5)  other matters as justice may require.
(d)  A civil penalty recovered in a suit instituted by the attorney general under this chapter shall be deposited in the state treasury to the credit of the general revenue fund.  A civil penalty recovered in a suit instituted by a local government under this chapter shall be paid to the local government.
(e)  Venue for a suit to collect a civil penalty brought under this section is in the municipality or county in which the violation occurred or in Travis County.
Added by Acts 1993, 73rd Leg., ch. 336, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1095, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 436 - Aquatic Life › Subchapter C. Enforcement › Section 436.028. Detained or Embargoed Article

Sec. 436.028.  DETAINED OR EMBARGOED ARTICLE.  (a)  The department may detain or embargo molluscan shellfish or crabmeat if the department believes or has probable cause to believe that the molluscan shellfish or crabmeat:
(1)  is adulterated; or
(2)  is misbranded so that the molluscan shellfish or crabmeat is dangerous or fraudulent under this chapter.
(b)  The department shall affix to any molluscan shellfish or crabmeat a tag or other appropriate marking that gives notice that the molluscan shellfish or crabmeat is, or is suspected of being, adulterated or misbranded and that the molluscan shellfish or crabmeat has been detained or embargoed.
(c)  The tag or marking on a detained or embargoed article must prohibit the removal or disposal of the article unless permission is given by the department or a court.
(d)  A person may not remove a detained or embargoed article from the premises or dispose of it without permission of the department or a court.  The department may permit perishable goods to be moved to a place suitable for proper storage.
(e)  The department shall remove the tag or other marking from a detained or embargoed article if the department believes that the article is not adulterated or misbranded.
(f)  The claimant of a detained or embargoed article may move the article to a secure storage area with the permission of the department.
Added by Acts 1993, 73rd Leg., ch. 336, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1096, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 436 - Aquatic Life › Subchapter C. Enforcement › Section 436.029. Removal Order for Detained or Embargoed Article

Sec. 436.029.  REMOVAL ORDER FOR DETAINED OR EMBARGOED ARTICLE.  (a)  The department may order the claimant or the claimant's agent to move a detained or embargoed article to a secure place to prevent the unauthorized disposal or removal of the article.
(b)  If the claimant fails to carry out the order, the department may move the article.
(c)  If the department moves the article, the department shall assess the cost of removal against the claimant.
(d)  The department may request the attorney general to bring an action in the district court in Travis County to recover the costs of removal.  In a judgment in favor of the state, the court may award costs, attorney fees, and interest from the date the expense was incurred until the date the department is reimbursed.
Added by Acts 1993, 73rd Leg., ch. 336, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1097, eff. April 2, 2015.