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 436 - Aquatic Life › Subchapter C. Enforcement › Section 436.030. Recall From Commerce

Sec. 436.030.  RECALL FROM COMMERCE.  (a)  The department may order a recall of molluscan shellfish or crabmeat with:
(1)  the detention or embargo of molluscan shellfish or crabmeat;
(2)  the issuance of an emergency order under Section 436.025; or
(3)  both.
(b)  The recall order may require that the molluscan shellfish or crabmeat be removed to one or more secure areas approved by the department.
(c)  The recall order must be in writing and be signed by the commissioner and may be issued:
(1)  before or in conjunction with a tag or other marking as provided by Section 436.028;
(2)  with an emergency order authorized by Section 436.025; or
(3)  both.
(d)  The recall order is effective until it expires by its own terms, is withdrawn by the department, is reversed by a court in an order denying condemnation, or is set aside at a hearing authorized by Section 436.025.
(e)  The claimant shall pay the costs of the removal and storage of a recalled product.  If the claimant or the claimant's agent fails to carry out the recall order, the department may recall the product.  The department shall assess the costs of the recall against the claimant.
(f)  The department may request the attorney general to bring an action in a district court in Travis County to recover the costs of recall.  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. 3.1098, 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 436.031. Condemnation

Sec. 436.031.  CONDEMNATION.  If molluscan shellfish or crabmeat is adulterated or misbranded, an action for the condemnation of the molluscan shellfish or crabmeat may be filed in a district court in whose jurisdiction the molluscan shellfish or crabmeat is located.
Added 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 436.032. Destruction of Molluscan Shellfish or Crabmeat

Sec. 436.032.  DESTRUCTION OF MOLLUSCAN SHELLFISH OR CRABMEAT.  (a)  The court may order the destruction of sampled, detained, or embargoed molluscan shellfish or crabmeat if the court finds that the article is adulterated or misbranded.
(b)  After entry of the court's order, the department shall supervise the destruction of the article.
(c)  The claimant shall pay the cost of the destruction of the article.
(d)  The court shall order the claimant or the claimant's agent to pay court costs, storage fees, and other proper expenses.
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. 3.1099, 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 436.033. Correction by Proper Labeling

Sec. 436.033.  CORRECTION BY PROPER LABELING.  (a)  A court may order the delivery of sampled, detained, or embargoed molluscan shellfish or crabmeat that is misbranded to the claimant for relabeling under the supervision of the department if:
(1)  the court costs and other expenses have been paid;
(2)  proper labeling can correct the misbranding; and
(3)  the claimant executes a bond, conditioned on the correction of the misbranding by proper labeling.
(b)  The claimant shall pay the costs of the supervision.
(c)  The court shall order the return of the molluscan shellfish or crabmeat to the claimant if the department represents to the court that the molluscan shellfish or crabmeat no longer violates this chapter and that the expenses of supervision are paid.
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. 3.1100, 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 436.034. Administrative Penalty

Sec. 436.034.  ADMINISTRATIVE PENALTY.  (a)  The department may assess an administrative penalty against a person who violates Section 436.011 or an order 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)  the hazard to the health and safety of the public;
(4)  the person's demonstrated good faith; and
(5)  other matters as justice may require.
(c)  The penalty may not exceed $25,000 a day for each violation.
(d)  Each day of a continuing violation constitutes a separate violation.
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. 3.1101, 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 436.035. Administrative Penalty Assessment Procedure

Sec. 436.035.  ADMINISTRATIVE PENALTY ASSESSMENT PROCEDURE.  (a)  The department may assess an administrative penalty only after a person charged with a violation is given an opportunity for a hearing.
(b)  If a hearing is to be held, the department shall refer the matter to the State Office of Administrative Hearings, and an administrative law judge of that office shall make findings of fact and shall issue a written proposal for decision regarding the violation and the amount of the penalty.
(c)  If the person charged with the violation does not request a hearing, the department may assess a penalty after determining that a violation has occurred and the amount of the penalty.
(d)  The department shall issue an order requiring a person to pay a penalty assessed under this section.
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. 3.1102, 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 436.036. Payment of Administrative Penalty

Sec. 436.036.  PAYMENT OF ADMINISTRATIVE PENALTY.  (a)  Not later than the 30th day after the date an order is issued under Section 436.035(d), the department shall notify the person against whom the penalty is assessed of the order and the amount of the penalty.
(b)  Not later than the 30th day after the date notice of the order is given to the person, 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 findings of the department, or both.
(c)  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 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.
(c-1)  If the department receives a copy of an affidavit under Subsection (c)(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.
(d)  A bond posted under this section must be in a form approved by the court and must be effective until judicial review of the order or decision is final.
(e)  A person who does not send the money to, post the bond with, or file the affidavit with the court within the period described by Subsection (b) waives all rights to contest the violation or the amount of the penalty.
(f)  The attorney general, at the request of the department, may bring a civil action to recover an administrative penalty assessed under this subchapter.
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. 3.1103, 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 436.037. Refund of Administrative Penalty

Sec. 436.037.  REFUND OF ADMINISTRATIVE PENALTY.  On the date the court's judgment that an administrative penalty against a person should be reduced or not assessed becomes final, the court shall order that:
(1)  the appropriate amount of any penalty payment plus accrued interest be remitted to the person not later than the 30th day after that date; or
(2)  the bond be released, if the person has posted a bond.
Added by Acts 1993, 73rd Leg., ch. 336, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1104, 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 436.038. Criminal Penalty; Defenses

Sec. 436.038.  CRIMINAL PENALTY;  DEFENSES.  (a)  A person commits an offense if the person intentionally, knowingly, recklessly, or with criminal negligence commits an unlawful act under Section 436.011.
(b)  A violation of Section 436.011(1), (2), or (3) is a Class B Parks and Wildlife Code misdemeanor under Section 12.405, Parks and Wildlife Code.  Each day of a continuing violation constitutes a separate offense.  Commissioned officers of the Parks and Wildlife Department shall enforce Sections 436.011(1), (2), and (3).
(c)  If it is shown at trial that the defendant has been convicted once within five years before the trial date of a violation of Section 436.011(1) or (2), a violation by the defendant under Section 436.011(1) or (2) is a Class A Parks and Wildlife Code misdemeanor under Section 12.404, Parks and Wildlife Code.
(d)  If it is shown at trial that the defendant has been convicted two or more times within five years before the trial date of a violation of Section 436.011(1) or (2), a violation by the defendant under Section 436.011(1) or (2) is a Parks and Wildlife Code felony under Section 12.407, Parks and Wildlife Code.
(e)  A violation of Section 436.011(4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), or (15) is a Class A misdemeanor.  Each day of a continuing violation constitutes a separate offense.
(f)  A person is not subject to the penalties of Subsection (e) if the person received molluscan shellfish or crabmeat in commerce and delivered or offered to deliver the molluscan shellfish or crabmeat in good faith, unless the person refuses to furnish on request of the department or a health authority the name and address of the person from whom the product was received and copies of any documents relating to the receipt of the product.
(g)  A publisher, radiobroadcast licensee, or agency or medium for the publication or broadcast of an advertisement, except the harvester, processor, distributor, or seller of molluscan shellfish or crabmeat to which a false advertisement relates, is not liable under this section for the publication or broadcast of the false advertisement unless the person has refused to furnish, on the request of the department, the name and address of the harvester, processor, distributor, seller, or advertising agency residing in this state who caused the person to publish or broadcast the advertisement.
(h)  A person is not subject to the penalties of Subsection (e) for a violation of Section 436.011 involving misbranded molluscan shellfish or crabmeat if the violation exists only because the product is misbranded because of a mistake in advertising, unless the violation is committed with intent to defraud or mislead.
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. 3.1105, 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 436.039. Initiation of Proceedings

Sec. 436.039.  INITIATION OF PROCEEDINGS.  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 prosecute without delay.
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. 3.1106, 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 436.040. Minor Violation

Sec. 436.040.  MINOR VIOLATION.  This chapter does not require the department or a health authority to report for prosecution a minor violation of this chapter if the department or health authority believes that the public interest is adequately served by a written warning.
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. 3.1107, 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 D. Adulterated Aquatic Life › Section 436.061. Adulterated Aquatic Life

Sec. 436.061.  ADULTERATED AQUATIC LIFE.  (a)  A species of aquatic life is adulterated if it has been taken from an area declared prohibited for that species by the department.
(b)  Molluscan shellfish or crabmeat is adulterated if:
(1)  it bears or contains a poisonous or deleterious substance that may render it injurious to health unless the substance is a naturally occurring substance and the quantity of the substance in the molluscan shellfish or crabmeat does not ordinarily render the substance injurious to health;
(2)  it consists in whole or in part of a diseased, contaminated, filthy, or putrid substance or if it is otherwise unfit for human consumption;
(3)  it has been produced, prepared, packed, or held under unsanitary conditions whereby it may have become contaminated with filth or may have been rendered diseased, unwholesome, or injurious to health;
(4)  it is in whole or in part the product of diseased aquatic life or has died otherwise than by taking;
(5)  its container is made in whole or in part of a poisonous or deleterious substance that may render the contents injurious to health;
(6)  it has been intentionally exposed to radiation, unless the use of the radiation complied with a regulation or an exemption under Section 409, Federal Food, Drug, and Cosmetic Act (21 U.S.C. Section 348);
(7)  a substance has been substituted in whole or in part for it;
(8)  damage to or inferiority of the product has been concealed;
(9)  a substance has been added, mixed, or packed to increase its bulk or weight, to reduce its quality or strength, or to make it appear better or of greater value than it is;
(10)  it contains a chemical substance containing sulphites, sulphur dioxide, or any other chemical preservative that is not approved by the Animal and Plant Health Inspection Service or by department rules;
(11)  the molluscan shellfish have been taken from a closed area;
(12)  the molluscan shellfish have been taken from a restricted or conditionally restricted area and have not been purified under department rules;
(13)  the molluscan shellfish have been processed by a person without a shellfish certificate;
(14)  the molluscan shellfish have not been handled and packaged in accordance with department rules;
(15)  the crabmeat has been processed by a person without a crabmeat processing license; or
(16)  the crabmeat was not picked, packed, or pasteurized in accordance with department rules.
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. 3.1108, 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 E. Misbranding › Section 436.071. Misbranded Molluscan Shellfish and Crabmeat

Sec. 436.071.  MISBRANDED MOLLUSCAN SHELLFISH AND CRABMEAT.  Molluscan shellfish or crabmeat is misbranded if:
(1)  its labeling is false, misleading, or fails to conform with the requirements of Section 436.081;
(2)  it is offered for sale under the name of another food;
(3)  its container is made, formed, or filled so as to be misleading;
(4)  a word, statement, or other information required by this chapter or a rule adopted under this chapter to appear on a label is not prominently and conspicuously placed on the label and is not likely to be read and understood by the ordinary individual under customary conditions of purchase and use; or
(5)  it does not have a label containing:
(A)  the name, address, and certification or license number of the processor;
(B)  an accurate statement in a uniform location on the principal display panel of the quantity of the contents in terms of weight, measure, or numerical count; and
(C)  a date as provided by department rules.
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. 3.1109, 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 F. Labeling and Packaging › Section 436.081. Fair Packaging and Labeling

Sec. 436.081.  FAIR PACKAGING AND LABELING.  (a)  A label on molluscan shellfish or crabmeat shall conform to the requirements for the declaration of net quantity of contents under Section 1453, Fair Packaging and Labeling Act (15 U.S.C. Section 1453), and the regulations adopted under that Act.
(b)  The label on a package of molluscan shellfish or crabmeat that represents the number of servings contained in the package shall state the net quantity in terms of weight, measure, or numerical count of each serving.
(c)  A person may not distribute or cause to be distributed in commerce any molluscan shellfish or crabmeat if a qualifying word or phrase appears with the statement of the net quantity of contents required by Subsection (a).  A supplemental statement at another place on the package may contain descriptions in nondeceptive terms of the net quantity of contents, except the supplemental statement of net quantity of contents may not include a term qualifying a unit of weight, measure, or count that tends to exaggerate the amount of the shellfish or crabmeat in the package.
Added 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 F. Labeling and Packaging › Section 436.082. False Advertisement

Sec. 436.082.  FALSE ADVERTISEMENT.  An advertisement of molluscan shellfish or crabmeat is false if it is false or misleading in any manner.
Added 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 G. Aquatic Life From Prohibited Areas › Section 436.091. Declaration of Prohibited Areas

Sec. 436.091.  DECLARATION OF PROHIBITED AREAS.  (a)  The department by order shall declare a body of public water to be a prohibited area if:
(1)  the department finds, according to a sanitary, chemical, or bacteriological survey, that the area contains aquatic life that is unfit for human consumption; or
(2)  aquatic life from a prohibited area may have been transferred to that body of public water.
(b)  The department shall modify or revoke an order according to the results of a sanitary, chemical, or bacteriological survey conducted by the department.  The department shall file the order in the department's office and shall furnish without charge a copy of the order describing prohibited areas on request.
(c)  The department shall conspicuously outline prohibited areas on maps and shall furnish the maps without charge on request.  The failure of a person to obtain that information does not relieve that person from liability under this chapter.
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. 3.1110, 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 H. Molluscan Shellfish › Section 436.101. Classification of Growing Areas

Sec. 436.101.  CLASSIFICATION OF GROWING AREAS.  (a)  The department by order shall designate an area that is coastal water according to the rules of the Parks and Wildlife Commission as an approved area, a conditionally approved area, a restricted area, a conditionally restricted area, or a prohibited area, according to the classification categories in the current National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish or its successor.  Coastal water is a prohibited area for the taking of molluscan shellfish unless designated otherwise by the department.
(b)  The department shall prohibit the taking of molluscan shellfish for a specified period from water to which molluscan shellfish may have been transferred from a restricted or conditionally restricted area.
(c)  The department by order shall designate growing areas as closed areas or open areas.  The department shall modify or revoke an order according to the results of sanitary and bacteriological surveys conducted by the department.  The department shall file the order in the department's office and shall furnish without charge a copy of the order describing the open or closed area on request.
(d)  The department shall conspicuously outline the classifications of areas for the taking of molluscan shellfish on maps and shall furnish the maps without charge on request.  The failure of a person to obtain that information does not relieve that person from liability under this chapter.
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. 3.1111, 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 H. Molluscan Shellfish › Section 436.102. Depuration

Sec. 436.102.  DEPURATION.  (a)  The department may allow depuration by artificial means of molluscan shellfish taken from a restricted or conditionally restricted area, subject to department rules and under the supervision the department considers necessary to protect public health.
Text of subsection effective until January 01, 2025
(b)  A molluscan shellfish plant operator may employ an off-duty peace officer to monitor the gathering of shellfish for depuration from a restricted or conditionally restricted area as provided by the rules adopted under Subsection (a).  In this subsection, "peace officer" includes those persons listed in Article 2.12, Code of Criminal Procedure.
Text of subsection effective on January 01, 2025
(b)  A molluscan shellfish plant operator may employ an off-duty peace officer to monitor the gathering of shellfish for depuration from a restricted or conditionally restricted area as provided by the rules adopted under Subsection (a).  In this subsection, "peace officer" includes those persons listed in Article 2A.001, Code of Criminal Procedure.
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. 3.1112, eff. April 2, 2015.
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.123, eff. January 1, 2025.
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 H. Molluscan Shellfish › Section 436.105. Temperature Requirements

Sec. 436.105.  TEMPERATURE REQUIREMENTS.  Following initial refrigeration after unloading from a harvest boat, molluscan shellfish shall be refrigerated in air temperatures at or below 45 degrees Fahrenheit at all times except during transfer from one storage area or transportation vehicle to another.  Except for an immediate transfer, molluscan shellfish may not remain unrefrigerated during transfer from one storage area or transportation vehicle to another.
Added by Acts 1999, 76th Leg., ch. 1298, Sec. 3, eff. June 18, 1999.
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 H. Molluscan Shellfish › Section 436.106. Temperature Abuse

Sec. 436.106.  TEMPERATURE ABUSE.  If temperature abuse of oysters associated with possible Vibrio parahaemolyticus illnesses is identified at any point in the market chain from harvest to consumer, the department may not designate a harvest area as a closed area if the temperature abuse is the probable cause of the illness.  This section does not preclude closures for investigations conducted in accordance with the National Shellfish Sanitation Program that are necessary to protect public health.  If a harvest area has been designated as a closed area because the investigation could not be completed within the time required in the National Shellfish Sanitation Program and temperature abuse is determined, as a result of the investigation, to be the probable cause of the illnesses, the harvest area must be immediately designated as an open area.
Added by Acts 1999, 76th Leg., ch. 1298, Sec. 3, eff. June 18, 1999.
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 H. Molluscan Shellfish › Section 436.107. Texas Oyster Council

Sec. 436.107.  TEXAS OYSTER COUNCIL.  (a)  The Texas Oyster Council is created.
(b)  The council is composed of:
(1)  two members appointed by the executive commissioner as nominated by the Texas Oyster Growers and Dealers Association or a successor organization;
(2)  one member appointed by the executive commissioner as nominated by the Coastal Oyster Leaseholder's Association;
(3)  two members appointed by the executive commissioner from a list of oyster dealers who have held a shellfish certificate in this state for not less than six months of each of the three years preceding the nomination and who are certified at the time of appointment;
(4)  one representative appointed by the chairman of the Interstate Shellfish Sanitation Conference; and
(5)  three consumer members, including one person professionally licensed or with work experience in the field of environmental survey, environmental sanitation, environmental engineering, or a similar field related to environmental or pollution conditions and their effect on molluscan shellfish harvest areas, appointed by the speaker of the house of representatives.
(c)  Members of the Texas Oyster Council serve one-year terms expiring August 31 of each year and may be reappointed at the end of a term.
(d)  A member of the Texas Oyster Council may not receive compensation for service on the council, but is entitled to reimbursement of expenses incurred by the member while conducting the business of the council, as provided by the General Appropriations Act.
(e)  A person is not eligible for appointment as a consumer member of the Texas Oyster Council if the person or the person's spouse:
(1)  is a harvester, processor, or wholesaler regulated under this chapter;
(2)  is employed by a harvester, processor, or wholesaler regulated under this chapter;
(3)  is a retailer of molluscan shellfish;  or
(4)  is employed by a retailer of molluscan shellfish.
(f)  The Texas Oyster Council shall elect a presiding officer from among its members.
Added by Acts 1999, 76th Leg., ch. 1298, Sec. 3, eff. June 18, 1999.  Amended by Acts 2001, 77th Leg., ch. 28, Sec. 2, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1113, 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 I. General Administrative Provisions and Rulemaking Authority › Section 436.111. Definitions

Sec. 436.111.  DEFINITIONS.  In this subchapter:
(1)  "Certificate" means a shellfish certificate issued by the department.
(2)  "License" means a crabmeat processing license issued by the department.
Added 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 I. General Administrative Provisions and Rulemaking Authority › Section 436.112. Rulemaking Authority

Sec. 436.112.  RULEMAKING AUTHORITY.  The executive commissioner may adopt rules for the enforcement of this chapter.  The executive commissioner shall adopt rules establishing specifications for molluscan shellfish processing and crabmeat processing, and the department shall furnish without charge printed copies of the rules on request.
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. 3.1115, 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 I. General Administrative Provisions and Rulemaking Authority › Section 436.113. Certification and Licensing Procedures

Sec. 436.113.  CERTIFICATION AND LICENSING PROCEDURES.  (a)  A person may not operate as a molluscan shellfish or crabmeat processor unless the person submits an application for a certificate or a license to the department according to department rules and receives a certificate or license for each plant or place of business.
(b)  When an application has been properly filed with the department, the department shall inspect the property identified in the application, including buildings and equipment, and the operating procedures under which the product is processed.
(c)  The department shall issue a certificate or license to a person who operates a plant or place of business that conforms to the requirements of this chapter and department rules.
(d)  A certificate is nontransferrable and expires at 11:59 p.m. on August 31 of the second year of issuance.
(e)  A license is nontransferrable and expires at 11:59 p.m. on the last day of February of the second year of issuance.
(f)  A person shall apply for a new certificate or license each year for each plant or place of business.
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. 3.1116, 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 I. General Administrative Provisions and Rulemaking Authority › Section 436.114. Refusal to Certify or License; Suspension or Revocation of Certificate or License

Sec. 436.114.  REFUSAL TO CERTIFY OR LICENSE;  SUSPENSION OR REVOCATION OF CERTIFICATE OR LICENSE.  (a)  After notice to the applicant and opportunity for a hearing, the department may refuse an application for a certificate or a license or may suspend or revoke a certificate or license.
(b)  The executive commissioner by rule shall establish minimum standards for a certificate or license and criteria for the refusal to issue a certificate or license and the suspension or revocation of a certificate or license.
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. 3.1117, 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 I. General Administrative Provisions and Rulemaking Authority › Section 436.115. Hearings and Appeals

Sec. 436.115.  HEARINGS AND APPEALS.  (a)  A hearing under this chapter is governed by the procedures for a contested case hearing under Chapter 2001, Government Code, and the department's formal hearing rules.
(b)  An appeal from a final administrative decision under this chapter shall be conducted under Chapter 2001, Government Code.
Added by Acts 1993, 73rd Leg., ch. 336, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1118, 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 437 - Regulation of Food Service Establishments, Retail Food Stores, Mobile Food Units, and Roadside Food Vendors › Section 437.002. Enforcement of State Law by County or Public Health District

Sec. 437.002.  ENFORCEMENT OF STATE LAW BY COUNTY OR PUBLIC HEALTH DISTRICT.  (a)  A county or public health district may enforce state law and rules adopted under state law concerning food service establishments, retail food stores, mobile food units, and roadside food vendors.
(b)  This chapter does not authorize a county or public health district to adopt orders establishing standards for the operation of food service establishments, retail food stores, mobile food units, or roadside food vendors.
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 437 - Regulation of Food Service Establishments, Retail Food Stores, Mobile Food Units, and Roadside Food Vendors › Section 437.003. County Authority to Require Permit

Sec. 437.003.  COUNTY AUTHORITY TO REQUIRE PERMIT.  To enforce state law and rules adopted under state law, the commissioners court of a county by order may require food service establishments, retail food stores, mobile food units, and roadside food vendors in unincorporated areas of the county, including areas in the extraterritorial jurisdiction of a municipality, to obtain a permit from the county.
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 437 - Regulation of Food Service Establishments, Retail Food Stores, Mobile Food Units, and Roadside Food Vendors › Section 437.004. Public Health District Authority to Require Permit

Sec. 437.004.  PUBLIC HEALTH DISTRICT AUTHORITY TO REQUIRE PERMIT.  (a)  A public health district that is established by at least one county and one or more municipalities in the county by order may require food service establishments, retail food stores, mobile food units, and roadside food vendors in the district to obtain a permit from the district.
(b)  If the public health district has an administrative board, the administrative board must adopt the order in accordance with its procedures.
(c)  If the district does not have an administrative board, the governing body of each member of the district must adopt the order. The order is effective throughout the public health district on the 30th day after the first date on which the governing bodies of all members have adopted the order.
(d)  This chapter does not restrict the authority of a municipality that is a member of a public health district to adopt ordinances or administer a permit system concerning food service establishments, retail food stores, mobile food units, and roadside food vendors.
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 437 - Regulation of Food Service Establishments, Retail Food Stores, Mobile Food Units, and Roadside Food Vendors › Section 437.005. Public Hearing

Sec. 437.005.  PUBLIC HEARING.  (a)  A commissioners court, governing body, or administrative board, as applicable, may adopt an order under Section 437.003 or 437.004 only after conducting a public hearing on the proposed order.
(b)  At least two weeks' public notice must be given before a public hearing may be held.
(c)  The notice must be published in a newspaper of general circulation in the county or public health district on three consecutive days and be printed in 10 point bold-faced type.
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 437 - Regulation of Food Service Establishments, Retail Food Stores, Mobile Food Units, and Roadside Food Vendors › Section 437.0055. Permit From Department Required in Areas Not Regulated by County or Public Health District

Sec. 437.0055.  PERMIT FROM DEPARTMENT REQUIRED IN AREAS NOT REGULATED BY COUNTY OR PUBLIC HEALTH DISTRICT.  (a)  A person may not operate a food service establishment, retail food store, mobile food unit, or temporary food service establishment located in an area in which a county or public health district does not require a permit or conduct inspections under this chapter unless the person has a permit issued by the department.
(b)  A person required to obtain a permit under Subsection (a) must apply every two years for the permit and must pay any fees required by the department.
Added by Acts 1993, 73rd Leg., ch. 617, Sec. 2, eff. Jan. 1, 1994.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1120, 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 437 - Regulation of Food Service Establishments, Retail Food Stores, Mobile Food Units, and Roadside Food Vendors › Section 437.0056. Rulemaking Authority

Sec. 437.0056.  RULEMAKING AUTHORITY.  The executive commissioner may adopt rules for the efficient enforcement of this chapter by the department in an area not regulated under this chapter by a county or public health district.  The executive commissioner by rule shall establish minimum standards for granting and maintaining a permit in an area not regulated under this chapter by a county or public health district.  The commissioner may refuse an application for a permit or suspend or revoke a permit in an area not regulated under this chapter by a county or public health district.
Added by Acts 1993, 73rd Leg., ch. 617, Sec. 2, eff. Jan. 1, 1994.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1121, 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 437 - Regulation of Food Service Establishments, Retail Food Stores, Mobile Food Units, and Roadside Food Vendors › Section 437.0057. Regulation of Food Handlers and Other Food Service Employees by Counties, Public Health Districts, and the Department

Sec. 437.0057.  REGULATION OF FOOD HANDLERS AND OTHER FOOD SERVICE EMPLOYEES BY COUNTIES, PUBLIC HEALTH DISTRICTS, AND THE DEPARTMENT.  (a)  A county, a public health district, or the department may require certification under Subchapter D, Chapter 438, for each food handler who is employed by a food service establishment in which food is prepared on-site for sale to the public and which holds a permit issued by the county, the public health district, or the department.  This section applies without regard to whether the food service establishment is at a fixed location or is a mobile food unit.
(b)  The requirements of certification under this section may not be more stringent than the requirements of Subchapter D, Chapter 438.
(c)  A county, a public health district, or the department may not require an establishment that handles only prepackaged food and does not prepare or package food to employ certified food handlers under this section.
(d)  A county, a public health district, or the department may exempt a food service establishment from the requirement that the county, public health district, or department has imposed under Subsection (a) if the county, the public health district, or the department determines that the application of Subsection (a) to that establishment is not necessary to protect public health and safety.
(e)  A county, a public health district, or the department may require a food service establishment to:
(1)  post a sign in a place conspicuous to employees, in a form adopted by the executive commissioner, describing a food service employee's responsibilities to report certain health conditions to the permit holder under rules adopted by the executive commissioner; or
(2)  require that each food service employee sign a written agreement in a form adopted by the executive commissioner to report those health conditions.
Added by Acts 2009, 81st Leg., R.S., Ch. 926 (H.B. 3012), Sec. 1, eff. September 1, 2009.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1122, 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 437 - Regulation of Food Service Establishments, Retail Food Stores, Mobile Food Units, and Roadside Food Vendors › Section 437.006. More Than One Permit Prohibited

Sec. 437.006.  MORE THAN ONE PERMIT PROHIBITED.  A food service establishment or retail food store may not be required under this chapter to obtain more than one permit for each location.
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 437 - Regulation of Food Service Establishments, Retail Food Stores, Mobile Food Units, and Roadside Food Vendors › Section 437.0065. Permits for Certain Farmers and Food Producers

Sec. 437.0065.  PERMITS FOR CERTAIN FARMERS AND FOOD PRODUCERS.  (a)  In this section, "farmers' market" and "food producer" have the meanings assigned by Section 437.020.
(b)  This section applies only to a permit issued under this chapter to:
(1)  a farmer for the sale of food directly to consumers at a farmers' market, a farm stand, or the farmer's farm; and
(2)  a food producer, other than a farmer, for the sale of food directly to consumers at a farmers' market.
(c)  A permit issued under Section 437.003, 437.004, 437.0055, or 437.0201 to a person described by Subsection (b):
(1)  must be valid for a term of not less than one year;
(2)  may impose an annual fee in an amount not to exceed $100 for the issuance or renewal; and
(3)  must cover sales at all locations the permit holder is authorized to sell food under Subsection (b), including farmers' markets, farm stands, and farms within the jurisdiction of the permitting authority.
(d)  A farmer or food producer who is charged an annual fee in an amount that exceeds the amount authorized by Subsection (c)(2) or whose permit does not otherwise comply with this section may bring an action against the governmental entity that charged the fee or issued the permit to recover:
(1)  the amount the farmer or food producer was charged in excess of the annual fee authorized by Subsection (c)(2); and
(2)  reasonable and necessary attorney's fees incurred in bringing the action.
Added by Acts 2019, 86th Leg., R.S., Ch. 339 (S.B. 932), Sec. 1, eff. September 1, 2019.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 577 (S.B. 617), Sec. 1, eff. June 14, 2021.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 437 - Regulation of Food Service Establishments, Retail Food Stores, Mobile Food Units, and Roadside Food Vendors › Section 437.007. Nonprofit Organizations Exempt

Sec. 437.007.  NONPROFIT ORGANIZATIONS EXEMPT.  A county or public health district may not require a nonprofit organization to obtain a permit.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.