reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 229 - FOOD AND DRUG › Subchapter R - ISSUANCE OF CERTIFICATES OF FREE SALE AND SANITATION AND/OR CERTIFICATES OF ORIGIN AND SANITATION › Section 229.306 - Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) Original
				  certificate. All applicants for certificates shall pay a nonrefundable fee as
				  follows.
(1) $50 for 1 - 50 products; $5 for
				  each additional identical certificate.
(2) $60 for 51 - 200 products; $6 for each
				  additional identical certificate.
(3) $75 for 201 - 500 products; $8 for each
				  additional identical certificate.
(4) $100 for 501 - 1000 products; $10 for
				  each additional identical certificate.
(5) $150 for 1001+ products; $15 for each
				  additional identical certificate.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 229 - FOOD AND DRUG › Subchapter R - ISSUANCE OF CERTIFICATES OF FREE SALE AND SANITATION AND/OR CERTIFICATES OF ORIGIN AND SANITATION › Section 229.307 - Appeal Procedures

Current through Reg. 49, No. 28; July 12, 2024
Upon denial of a certificate, the applicant will receive a
					 written response outlining the reasons for denial. If the reason for denial is
					 failure to be in substantial compliance with the applicable Acts or Rules, the
					 applicant will receive a notice of violation or other notification from the
					 department. Appeals based on noncompliance issues shall be handled in
					 accordance with the instructions in the notice. An applicant may request in
					 writing a de novo review of the decision to deny a certificate from a
					 representative of the department when the denial is based on any other
					 grounds.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 229 - FOOD AND DRUG › Subchapter S - PESTICIDES IN FOOD › Section 229.334 - Memorandum of Understanding Covering the Testing for Pesticides in Food

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas
				  Department of Health adopts by reference a memorandum of understanding (MOU)
				  covering the positive results of testing conducted for pesticide in food. The
				  MOU is entered into between the Texas Department of Health, Texas Department of
				  Agriculture, Southwest Region of the United States Food and Drug
				  Administration, and the Office of the Texas State Chemist of the Texas
				  Agricultural Experiment Station.
(b) Copies of the MOU are available on the
				  Bureau of Food and Drug Safety website,
				  http://www.tdh.state.tx.us/bfds/bfds-hom.htm. Copies are also filed in the
				  office of the Bureau of Food and Drug Safety, Texas Department of Health, 2201
				  Donley Drive, Suite 200, Austin, Texas 78758, and may be reviewed during
				  regular business hours.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 229 - FOOD AND DRUG › Subchapter T - LICENSURE OF TANNING FACILITIES › Section 229.341 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
This subchapter provides for the licensing and regulation
					 of tanning facilities, including the terms and conditions under which tanning
					 devices at such facilities may be operated, pursuant to applicable state and
					 federal laws, rules, and regulations.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 229 - FOOD AND DRUG › Subchapter T - LICENSURE OF TANNING FACILITIES › Section 229.342 - Applicable Laws and Regulations

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The Tanning Facility Regulation Act, Health and Safety Code, Chapter 145,
				  governs and applies to the rules in this subchapter.
(b) The Executive Commissioner of the Health
				  and Human Services Commission may adopt rules as necessary to implement the
				  Tanning Facility Regulation Act, Health and Safety Code, Chapter 145.
(c) Tanning devices are both electronic
				  products and devices as defined by the Federal Food, Drug and Cosmetic Act, 21
				  United States Code, et seq. and as such are subject to the provisions of that
				  act as well as those of the Texas Food, Drug, and Cosmetic Act, Health and
				  Safety Code, Chapter 431, which requires the department to adopt rules
				  regulating devices, i.e., tanning devices.
(d) Tanning devices used in tanning
				  facilities are required to comply with the following applicable laws and
				  regulations which are adopted by reference and include, but are not limited to:
(1) 21 Code of Federal Regulations (CFR),
				  Part 801, Labeling;
(2) 21 CFR,
				  Subchapter J, Radiological Health;
(3) 21 CFR, Part 1010, Performance Standards
				  for Electronic Products - General; and
(4)
											21
				  CFR, §1040.20, Sunlamp Products and
				  Ultraviolet Lamps Intended for Use in Sunlamp Products.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 229 - FOOD AND DRUG › Subchapter T - LICENSURE OF TANNING FACILITIES › Section 229.344 - Exemptions

Current through Reg. 49, No. 28; July 12, 2024
(a) This subchapter
				  does not apply to a phototherapy device used by or under the supervision of a
				  licensed physician who is trained in the use of a phototherapy
				  device.
(b) Personal use of a
				  tanning device by an individual is exempt from the provisions of this
				  subchapter to the extent that such individual owns the tanning device
				  exclusively for personal use and no fee or other compensation is involved in
				  the use of the tanning device.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 229 - FOOD AND DRUG › Subchapter T - LICENSURE OF TANNING FACILITIES › Section 229.345 - Licensing of Tanning Facilities

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  person shall not operate a tanning facility without a current and valid license
				  to operate the facility that is issued by the department. A separate license is
				  required for each tanning facility.
(b) The license shall be displayed in an open
				  public area of the tanning facility.
(c) Each person acquiring or establishing a
				  tanning facility after the effective date of this subchapter shall apply to the
				  department for a license for such facility prior to beginning
				  operation.
(d) Unless the license
				  is amended as provided in subsection (g) of this section or is revoked or
				  suspended as provided in §
										229.347
				  of this title (relating to Revocation, Cancellation, Suspension and Probation
				  of a License), the license is valid for two years as determined by the
				  department.
(e) Licenses shall not
				  be transferable from one person to another or from one tanning facility to
				  another.
(f) A license issued under
				  this subchapter shall be returned to the department if the tanning facility:
(1) ceases business or otherwise ceases
				  operation on a permanent basis;
(2)
				  relocates;
(3) changes the name of
				  the business under which the tanning facility operates; or
(4) changes ownership.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 229 - FOOD AND DRUG › Subchapter T - LICENSURE OF TANNING FACILITIES › Section 229.346 - Licensing Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) All applicants
				  for a tanning facility license or renewal license shall pay a license fee for
				  each place of business. All fees are nonrefundable. The license fees are as
				  follows:
(1) $440 for a two-year
				  license;
(2) $440 for a two-year
				  license that is amended due to a change of ownership;
(3) $220 for a license that is amended during
				  the current licensure period due to minor changes; and
(4) $100 for a replacement license.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 229 - FOOD AND DRUG › Subchapter T - LICENSURE OF TANNING FACILITIES › Section 229.347 - Revocation, Cancellation, Suspension, and Probation of a License

Current through Reg. 49, No. 28; July 12, 2024
(a) The department
				  may revoke, cancel, suspend, suspend on an emergency basis, or probate by an
				  emergency order of the commissioner, or the commissioner's designee a license
				  to operate a tanning facility if the facility has:
(1) failed to pay a license fee or a renewal
				  fee for a license;
(2) obtained or
				  attempted to obtain a license by fraud or deception;
(3) violated any of the provisions of the
				  Act; or
(4) violated any of the
				  provisions of this subchapter.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 229 - FOOD AND DRUG › Subchapter T - LICENSURE OF TANNING FACILITIES › Section 229.348 - Report of Changes

Current through Reg. 49, No. 28; July 12, 2024
The license holder shall notify the department in writing
					 within ten working days of any change, including a change in location, name, or
					 ownership of a tanning facility, which would render the information contained
					 in the initial license application, reported pursuant to §
										229.345
					 of this title (relating to Licensing of Tanning Facilities), no longer
					 accurate. Failure to inform the department within ten working days of a change
					 in the information required in the license application may result in
					 enforcement action as described in §
										229.357
					 of this title (relating to Enforcement and Penalties).
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 229 - FOOD AND DRUG › Subchapter T - LICENSURE OF TANNING FACILITIES › Section 229.349 - Advertising

Current through Reg. 49, No. 28; July 12, 2024
(a) No person, in
				  any advertisement, shall refer to the fact that the person or the person's
				  facility is licensed with the department pursuant to the provisions of §
										229.345
				  of this title (relating to Licensing of Tanning Facilities), and no person
				  shall state or imply that any activity under such license has been approved by
				  the department.
(b) A tanning
				  facility shall not claim, or distribute promotional materials that claim, that
				  using a tanning device is safe or free from risk or that using the device will
				  result in medical or health benefits. The only claims that may be made for
				  tanning are cosmetic.
(c) A
				  business described in §
										229.345(n)
				  of this title shall not use the word "tan" or "tanning" in a sign or any other
				  form of advertising.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 229 - FOOD AND DRUG › Subchapter T - LICENSURE OF TANNING FACILITIES › Section 229.350 - Warning Signs

Current through Reg. 49, No. 28; July 12, 2024
(a) A tanning
				  facility operator shall post a warning sign in a conspicuous location where it
				  is readily visible to persons entering the facility. The sign shall have the
				  following wording and appearance.
Attached
					 Graphic
(b) A
				  tanning facility operator shall post a warning sign, one sign for each tanning
				  device, in a conspicuous location that is readily visible to a person about to
				  use the device. The sign shall have the following wording and appearance.
Attached
					 Graphic
(c)
				  Warning signs shall meet the following requirements.
(1) The sign shall be printed on white 80
				  pound gloss coated cover stock and shall be 17 inches wide by 22 inches
				  long.
(2) The lettering on each
				  warning sign shall be brilliant red (Pantone 185) or equivalent on white
				  background.
(3) The major sign
				  heading entitled "DANGER" shall be a minimum of Helvetica Bold 110 point or
				  equivalent.
(4) The subheading
				  entitled "ULTRAVIOLET RADIATION" shall be a minimum of Helvetica Bold 84 point
				  or equivalent.
(5) Body copy shall
				  be Helvetica 36 point or equivalent.
(6) Remaining capitalized copy shall be a
				  minimum of Helvetica Bold 60 point or equivalent.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 229 - FOOD AND DRUG › Subchapter T - LICENSURE OF TANNING FACILITIES › Section 229.352 - Protective Eyewear

Current through Reg. 49, No. 28; July 12, 2024
(a) Each customer
				  shall be provided with protective eyewear and instructions for their use. The
				  operator shall not allow a person to use a tanning device if that person does
				  not agree to use protective eyewear at all times while using the
				  device.
(b) Before each use of a
				  tanning device, the operator shall ensure that each tanning device is
				  accompanied by clean and properly sanitized protective eyewear that protects
				  the eyes from ultraviolet radiation and allows adequate vision to maintain
				  balance.
(c) Protective eyewear
				  shall be located in the immediate proximity of each tanning device, readily
				  visible to a person about to use the device, and shall be provided without
				  charge to each user of a tanning device.
(d) Protective eyewear shall meet the
				  requirements of the United States Food and Drug Administration, including the
				  requirements of 21 Code of Federal Regulations, Part 801 and Part 1040,
				  §1040.20(c)(4).
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 229 - FOOD AND DRUG › Subchapter T - LICENSURE OF TANNING FACILITIES › Section 229.353 - Operators

Current through Reg. 49, No. 28; July 12, 2024
(a) A tanning
				  facility shall have an operator present during operating hours.
(b) Each operator must be sufficiently
				  trained and knowledgeable in the correct operation of the tanning devices used
				  at the facility to adequately inform and assist each customer in the proper use
				  of the tanning devices. A record of all training received by each operator
				  shall be kept at the tanning facility where the operator is employed. The
				  record shall be signed by the operator and the owner or owner's designee. The
				  operator must be able to demonstrate such knowledge concerning the:
(1) requirements of this subchapter and the
				  Act;
(2) procedures for correct
				  operation of the facility;
(3)
				  recognition of injury or overexposure;
(4) manufacturer's procedures for operation
				  and maintenance of all tanning devices;
(5) emergency procedures in case of
				  injury;
(6) classification of
				  consumer skin types and the recommended exposure times for all skin types;
				  and
(7) maintenance of records
				  required by §
											229.354 of
				  this title (relating to Records).
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 229 - FOOD AND DRUG › Subchapter T - LICENSURE OF TANNING FACILITIES › Section 229.354 - Records

Current through Reg. 49, No. 28; July 12, 2024
(a) Customer
				  notice.
(1) A tanning facility operator shall
				  give each customer a written statement warning that:
(A) failure to use the eye protection
				  provided to the customer by the tanning facility may result in permanent damage
				  to the eyes;
(B) overexposure to
				  ultraviolet light causes burns;
(C)
				  repeated exposure may result in premature aging of the skin and skin
				  cancer;
(D) abnormal skin
				  sensitivity or burning may be caused by reactions of ultraviolet light to
				  certain:
(i) foods;
(ii) cosmetics; or
(iii) medications, including:
(I) tranquilizers;
(II) diuretics;
(III) antibiotics;
(IV) high blood pressure medicines;
				  or
(V) birth control
				  pills;
(E)
				  any person taking a prescription or over-the-counter drug should consult a
				  physician before using a tanning device;
(F) pregnant women should consult their
				  physicians before using a tanning device;
(G) a person with skin that always burns
				  easily and never tans should avoid a tanning device; and
(H) a person with a family or past medical
				  history of skin cancer should avoid a tanning device.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 229 - FOOD AND DRUG › Subchapter T - LICENSURE OF TANNING FACILITIES › Section 229.355 - Injury Reports

Current through Reg. 49, No. 28; July 12, 2024
A written report of any injury or illness associated with a
					 tanning device shall be forwarded to the department within five working days of
					 its occurrence or knowledge thereof. The report shall include:
(1) the name of the affected
				  individual;
(2) the name and
				  location of the tanning facility involved;
(3) the date of the injury or
				  illness;
(4) the nature of the
				  injury or illness;
(5)
				  identification of the tanning device involved in the injury or illness,
				  including brand, model, and location;
(6) the name and address of health care
				  provider, if any;
(7) the name of
				  the operator on duty at the time of injury or illness; and
(8) any other information considered relevant
				  to the situation.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 229 - FOOD AND DRUG › Subchapter T - LICENSURE OF TANNING FACILITIES › Section 229.356 - Sanitation

Current through Reg. 49, No. 28; July 12, 2024
(a) The tanning
				  facility shall be kept clean and sanitary at all times. The interior of a
				  tanning facility shall be maintained in good repair and in a safe, clean,
				  sanitary condition, free from all accumulation of dirt and rubbish.
(b) The operator shall clean and properly
				  sanitize any reusable protective eyewear before each use with a sanitizer
				  registered with the United States Environmental Protection Agency (USEPA).
				  Exposure to the ultraviolet radiation produced by the tanning equipment itself
				  is not considered a sanitizing agent.
(c) The operator shall clean and properly
				  sanitize the body contact surfaces of a tanning device after each use with a
				  sanitizer registered with the USEPA.
(d) A test kit or other device that
				  accurately measures the concentration of the sanitizing solution in parts per
				  million shall be used to measure the strength of the sanitizing solution at
				  least once per day of tanning facility operation or more frequently as needed
				  to ensure sufficient strength of the sanitizing solution. All measurements of
				  the sanitizing solution shall be recorded in a log that includes the date of
				  the measurement, the strength of the sanitizing solution measured in accordance
				  with manufacturer's directions, and the initials of the operator responsible
				  for measuring the strength of the sanitizing solution.
(e) The operator shall provide the customers
				  of the tanning facility access to toilet and handwashing facilities with hot
				  and cold running water.
(f) Each
				  tanning facility shall provide to its customers cloth towels or disposable
				  paper towels which may not be shared. Cloth towels must be laundered with soap
				  or detergent after each use.
(g)
				  Floors in rooms containing tanning devices are to be constructed of
				  nonabsorbent, easily cleanable materials. Tanning facilities shall not include
				  carpeting in rooms containing tanning devices.
(h) Floors are to be made dry prior to each
				  customer's use.
(i) Dogs, cats,
				  birds, reptiles, and other pets shall not be permitted in tanning facilities.
				  This exclusion does not apply to guide dogs or fish in aquariums.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 229 - FOOD AND DRUG › Subchapter T - LICENSURE OF TANNING FACILITIES › Section 229.357 - Enforcement and Penalties

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Inspections. The commissioner or an authorized agent shall have access at all
				  reasonable times to any tanning facility to inspect the facility to determine
				  compliance with the Tanning Facility Regulation Act (Act) or this
				  subchapter.
(b) Administrative
				  penalties. Administrative penalties, as provided in Health and Safety Code,
				  §
										145.0122, and in
				  §
										229.261
				  of this title (relating to Assessment of Administrative Penalties), may be
				  assessed for violation of this subchapter.
(c) Criminal penalty.
(1) A person, other than a customer, commits
				  an offense if the person violates the Act or rules adopted under the
				  Act.
(2) Except as provided by
				  paragraph (3) of this subsection, an offense under the Act is a Class A
				  misdemeanor.
(3) An offense under
				  §
											229.349(c)
				  of this title (relating to Advertising) is a Class C misdemeanor, unless it is
				  shown on the trial of an offense under this subsection that the person has
				  previously been convicted of an offense under this subsection, then the offense
				  is a Class A misdemeanor.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 229 - FOOD AND DRUG › Subchapter U - PERMITTING RETAIL FOOD ESTABLISHMENTS › Section 229.370 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of these sections is to implement Texas Health
					 and Safety Code, Chapter 437, which requires the department to establish a
					 permitting system for the regulation of food establishments and to ensure
					 uniform requirements for retail food operations.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 229 - FOOD AND DRUG › Subchapter U - PERMITTING RETAIL FOOD ESTABLISHMENTS › Section 229.371 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in these sections,
					 shall have the following meanings, unless the context clearly indicates
					 otherwise:
(1) Bed and breakfast
				  extended means:
(A) an establishment with more
				  than seven rooms for rent; or
(B)
				  that provides for food service other than breakfast to overnight guests;
				  and
(C) for the purposes of these
				  rules, such facilities are classified as food establishments.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 229 - FOOD AND DRUG › Subchapter U - PERMITTING RETAIL FOOD ESTABLISHMENTS › Section 229.372 - Permitting Fees and Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Permitting fees.
(1) A person who operates a
				  food establishment shall obtain a permit from the department and pay a permit
				  fee for each establishment unless specifically exempted under subsection (b) or
				  (c) of this section. All permit fees are nonrefundable. Permits are issued for
				  a two-year term. The fees are based on gross annual volume of sales as follows:
(A) for an establishment with gross annual
				  volume of food sales of $0 - $49,999.99, the fee is $250;
(B) for an establishment with gross annual
				  volume of food sales of $50,000 - $149,999.99, the fee is $500; or
(C) for an establishment with gross annual
				  volume of food sales of $150,000 or more, the fee is $750.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 229 - FOOD AND DRUG › Subchapter U - PERMITTING RETAIL FOOD ESTABLISHMENTS › Section 229.373 - Minimum Standards for Permitting and Operation

Current through Reg. 49, No. 28; July 12, 2024
All food establishments shall be operated in accordance
					 with the requirements specified in Chapter 228 of this title (relating to
					 Retail Food). Copies may be obtained from the department, 1100 West 49th
					 Street, Austin, Texas 78756-3182, or may be downloaded from the following
					 website:
http://www.dshs.state.tx.us/license.shtm
.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 229 - FOOD AND DRUG › Subchapter U - PERMITTING RETAIL FOOD ESTABLISHMENTS › Section 229.374 - Refusal, Revocation, or Suspension of a Permit; Administrative Penalties

Current through Reg. 49, No. 28; July 12, 2024
(a) Basis. The
				  department may refuse an application for a permit or may revoke or suspend a
				  permit for violations of the requirements of §
										229.372
				  of this title (relating to Permitting Fees and Procedures) or §
										229.373
				  of this title (relating to Minimum Standards for Permitting and Operation), or
				  for interference with a department representative in the performance of their
				  duties under these sections.
(b)
				  Hearings. Any hearings for the refusal, revocation, suspension of a permit are
				  governed by §§
										1.21,
				  1.23,
				  1.25 and
				  1.27 of
				  this title (relating to Formal Hearing Procedures).
(c) Reinstatement. A former permit holder may
				  apply for reinstatement of a suspended permit by demonstrating that corrections
				  and controls have been implemented to prevent recurrence of violative
				  conditions. The department may reinstate the permit after the department has
				  determined that the food establishment no longer poses a risk to public health
				  and safety. The department may also require employees of a food establishment
				  to successfully complete a department accredited training course on food safety
				  principles prior to the reinstatement of the permit.
(d) Administrative penalties. Administrative
				  penalties, as provided in the Health and Safety Code, §
										437.018,
				  and in §
										229.261
				  of this title (relating to assessment of Administrative or Civil Penalties),
				  may be assessed for violation of these sections.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 229 - FOOD AND DRUG › Subchapter V - MINIMUM STANDARDS FOR LICENSURE OF TATTOO AND CERTAIN BODY PIERCING STUDIOS › Section 229.401 - General Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a) These
				  sections provide rules for the licensing and regulation of tattoo and certain
				  body piercing studios and temporary locations.
(b) The "Tattoo and Certain Body Piercing
				  Studio Act," Texas Health and Safety Code, Chapter 146.
(c) No person may cause, suffer or allow the
				  operation, management, or maintenance of a tattoo and certain body piercing
				  studio and temporary location without a license issued in accordance with these
				  sections.
(d) All tattoo and
				  certain body piercing studios and temporary locations shall comply with the
				  minimum standards specified in these sections in addition to the existing
				  standards contained in the Tattoo and Certain Body Piercing Studio Act and the
				  Health and Safety Code, Chapter 431, the Texas Food, Drug, and Cosmetic Act,
				  relating to drugs, devices, and cosmetics, including adulteration and
				  misbranding.
(e) All tattoo and
				  certain body piercing studios and temporary locations should comply with
				  applicable provisions of the Americans With Disabilities Act.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 229 - FOOD AND DRUG › Subchapter V - MINIMUM STANDARDS FOR LICENSURE OF TATTOO AND CERTAIN BODY PIERCING STUDIOS › Section 229.403 - Licensing Fees, Procedures, and Exemptions

Current through Reg. 49, No. 28; July 12, 2024
(a) License fees. All applicants for a tattoo
				  and body piercing studio license or a renewal license shall pay a nonrefundable
				  license fee for each place of business operated. The license fees are as
				  follows:
(1) $450 per tattoo only studio or
				  temporary location license for a specified length of time not to exceed seven
				  days;
(2) $600 for a tattoo and
				  body piercing studio or temporary location license for a specified length of
				  time not to exceed seven days, (allocated $450 for the tattoo portion; and $150
				  for the body piercing portion);
(3)
				  $200 per body piercing only studio or temporary license for a specified length
				  of time not to exceed seven days;
(4) $900 for a tattoo only studio for a
				  two-year license;
(5) $1,200 for a
				  tattoo and body piercing studio, (allocated $900 for the tattoo portion; and
				  $300 for the body piercing portion) for a two-year license; and
(6) $400 per body piercing only studio for a
				  two-year license.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 229 - FOOD AND DRUG › Subchapter V - MINIMUM STANDARDS FOR LICENSURE OF TATTOO AND CERTAIN BODY PIERCING STUDIOS › Section 229.404 - Physical Facilities

Current through Reg. 49, No. 28; July 12, 2024
(a) A studio
				  must be in a permanent, nondwelling building or portion of a building which
				  must be in a location which is permissible under local zoning codes, if any.
				  The studio shall be separated from living quarters by complete floor to ceiling
				  partitioning and shall contain no access to living quarters.
(b) The studio or temporary location shall be
				  maintained in a sanitary condition.
(1) Work
				  surfaces shall be cleaned and sanitized with a germicide solution.
(2) Other environmental surfaces shall be
				  cleaned with an all-purpose detergent disinfectant.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 229 - FOOD AND DRUG › Subchapter V - MINIMUM STANDARDS FOR LICENSURE OF TATTOO AND CERTAIN BODY PIERCING STUDIOS › Section 229.405 - Personnel Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  All artists while tattooing or body piercing shall wear clean outer garments,
				  maintain a high degree of personal cleanliness, and conform to hygienic
				  practices while on duty.
(b) All
				  artists shall wash their hands thoroughly using hot or tempered water with a
				  liquid germicidal soap before and after tattooing or body piercing and as often
				  as necessary to remove contaminants.
(c) All artists shall wear single-use gloves
				  while assembling tattooing and body piercing instruments and while tattooing
				  and body piercing.
(d) When a
				  session is interrupted or immediately after gloves are torn or perforated:
(1) gloves shall be removed and discarded;
				  and
(2) hands shall be washed and a
				  fresh pair of gloves used.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 229 - FOOD AND DRUG › Subchapter V - MINIMUM STANDARDS FOR LICENSURE OF TATTOO AND CERTAIN BODY PIERCING STUDIOS › Section 229.406 - Client Qualifications, Disclosure, and Records

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as permitted in subsections (d)
				  and (e) of this section, a client must be a minimum of 18 years of age and
				  shall present at the time of tattooing or body piercing a valid, government
				  issued, positive identification card including, but not limited to, a driver's
				  license, passport, or military identification. The identification must contain
				  a photograph of the individual and a printed date of birth.
(b) The artist shall verify and document in
				  the permanent client record the client's age, date of birth, and the type of
				  identification provided.
(c) An
				  artist may not tattoo a person younger than 18 years of age except as permitted
				  in subsection (d) of this section.
(d) With the consent of a minor's parent or
				  guardian, who determines it to be in the best interest of the minor child to
				  cover an existing tattoo, a person under the age of 18 may be tattooed under
				  the following conditions:
(1) The existing
				  tattoo must contain:
(A) obscene or offensive
				  language or symbols;
(B)
				  gang-related names, symbols, or markings;
(C) drug-related names, symbols, or pictures;
				  or
(D) some other type of words,
				  symbols or markings that the parent, guardian, or a court considers would be in
				  the best interest of the minor to cover.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 229 - FOOD AND DRUG › Subchapter V - MINIMUM STANDARDS FOR LICENSURE OF TATTOO AND CERTAIN BODY PIERCING STUDIOS › Section 229.408 - Care of the New Tattoo and/or Body Piercing

Current through Reg. 49, No. 28; July 12, 2024
(a) Each time tattooing or body piercing is
				  performed the client (and if applicable, the parent, managing conservator, or
				  guardian) shall receive oral and written instructions on the care of the area
				  tattooed or pierced. The client shall sign a written statement in the permanent
				  client record acknowledging that the client has received a copy of the written
				  care instructions, and that the client has read and understands the
				  instructions.
(b) The written care
				  instructions for tattooing shall contain at least the following items:
(1) for at least two weeks, the need to
				  minimize exposure to the sun, and to discourage swimming;
(2) the need to properly cleanse the tattooed
				  area;
(3) the need to apply
				  antibiotic ointment or cream;
(4)
				  the need to use sterile bandage(s) or other sterile dressing(s) when
				  necessary;
(5) the name of the
				  artist, and the name, address, and telephone number of the studio or temporary
				  location; and
(6) the instructions
				  for the client to consult a health care practitioner at the first sign of
				  infection or an allergic reaction, and to report any diagnosed infection,
				  allergic reaction, or adverse reaction resulting from the application of the
				  tattoo to the artist and to the department at 1-888-839-6676.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 229 - FOOD AND DRUG › Subchapter V - MINIMUM STANDARDS FOR LICENSURE OF TATTOO AND CERTAIN BODY PIERCING STUDIOS › Section 229.410 - Report of Infection or Allergic Reactions

Current through Reg. 49, No. 28; July 12, 2024
(a) The studio shall provide a written report
				  of any infection or allergic reaction resulting from a body piercing or the
				  application of a tattoo to the department within five working days of its
				  occurrence or knowledge thereof. The report shall include:
(1) the name of the affected
				  client;
(2) the name and address of
				  the studio or temporary location where the tattoo or body piercing was
				  performed;
(3) the complete legal
				  name of the artist;
(4) the date
				  the tattoo or piercing was performed;
(5) the specific color or colors of the
				  tattoo or type of jewelry used for the piercing and, when available, the
				  manufacturer's catalogue or identification number of each color or type of
				  jewelry used;
(6) the location of
				  the infection and the location on the body where the tattoo or piercing was
				  applied;
(7) the name and address
				  of the health care practitioner, if any; and
(8) any other information considered relevant
				  to the situation.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 229 - FOOD AND DRUG › Subchapter V - MINIMUM STANDARDS FOR LICENSURE OF TATTOO AND CERTAIN BODY PIERCING STUDIOS › Section 229.411 - Disposal of Infectious Waste

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Sharps shall be subjected to the methods of treatment and disposal as described
				  in Chapter 1, Subchapter K, §
										1.136
				  of this title (relating to Approved Methods of Treatment and Disposition) and
				  Title 30, Texas Administrative Code, Chapter 330, Subchapter Y.
(b) Other studio waste generated during the
				  tattooing and body piercing process, i.e., cotton balls, cotton tip
				  applicators, corks, toothpicks, tissues, paper towels, gloves, single use
				  plastic covering, and pigment containers (not to be construed as all-inclusive)
				  shall be disposed of in accordance with Chapter 1, Subchapter K, §
										1.136(a)(2)
				  of this title or Title 30, Texas Administrative Code, Chapter 330. Copies of
				  these provisions are indexed and filed in the office of the department, located
				  at 1100 West 49th Street, Austin, Texas 78756, 1-888-839-6676, and are
				  available weekdays for inspection between the hours of 8:00 a.m. and 5:00
				  p.m.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 229 - FOOD AND DRUG › Subchapter V - MINIMUM STANDARDS FOR LICENSURE OF TATTOO AND CERTAIN BODY PIERCING STUDIOS › Section 229.413 - Tongue Splitting

Current through Reg. 49, No. 28; July 12, 2024
A person may not perform tongue splitting in a tattoo or
					 body piercing studio, or at a temporary location.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 229 - FOOD AND DRUG › Subchapter W - LICENSING OF WHOLESALE DISTRIBUTORS OF PRESCRIPTION DRUGS - INCLUDING GOOD MANUFACTURING PRACTICES › Section 229.419 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
This subchapter provides for the minimum licensing
					 requirements necessary to ensure the safety and efficacy of prescription drugs
					 offered for sale by wholesale distributors.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 229 - FOOD AND DRUG › Subchapter W - LICENSING OF WHOLESALE DISTRIBUTORS OF PRESCRIPTION DRUGS - INCLUDING GOOD MANUFACTURING PRACTICES › Section 229.421 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, must have the following meanings, unless the context clearly
					 indicates otherwise.
(1) Act--The
				  Texas Food, Drug, and Cosmetic Act, Health and Safety Code, Chapter
				  431.
(2) Adulterated drug--Has the
				  meaning specified in the Texas Food, Drug, and Cosmetic Act, Health and Safety
				  Code, §
										431.111.
(3) Authorized agent--An employee of the
				  department who is designated by the commissioner to enforce the provisions of
				  the Act.
(4) Broker--A person
				  engaged in the offering or contracting for wholesale distribution; sale and/or
				  transfer of a prescription drug into, within, or out of Texas; and, who does
				  not take physical possession of the prescription drug.
(5) Change of ownership--A sole proprietor
				  who transfers all or part of the facility's ownership to another person or
				  persons; the removal, addition, or substitution of a person or persons as a
				  partner in a facility owned by a partnership; a corporate sale, transfer,
				  reorganization, or merger of the corporation which owns the facility if sale,
				  transfer, reorganization, or merger causes a change in the facility's ownership
				  to another person or persons; or if any other type of association, the removal,
				  addition, or substitution of a person or persons as a principal of such
				  association.
(6) Co-licensed
				  product partner--One of two or more parties that have the right to engage in
				  the manufacturing or marketing of a prescription drug consistent with the
				  United States Food and Drug Administration's regulations and guidances
				  implementing the Prescription Drug Marketing Act of 1987 (Pub. L. No. 100 -
				  293).
(7)
				  Commissioner--Commissioner of the Department of State Health
				  Services.
(8) Department--The
				  Department of State Health Services.
(9) Device--An instrument, apparatus,
				  implement, machine, contrivance, implant, in vitro reagent, or other similar or
				  related article, including any component, part, or accessory, that is:
(A) recognized in the official United States
				  Pharmacopoeia National Formulary or any supplement to it;
(B) intended for use in the diagnosis of
				  disease or other conditions, or in the cure, mitigation, treatment, or
				  prevention of disease in man or other animals; or
(C) intended to affect the structure or any
				  function of the body of man or other animals and that does not achieve any of
				  its principal intended purposes through chemical action within or on the body
				  of man or other animals and is not dependent on metabolization for the
				  achievement of any of its principal intended purposes.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 229 - FOOD AND DRUG › Subchapter W - LICENSING OF WHOLESALE DISTRIBUTORS OF PRESCRIPTION DRUGS - INCLUDING GOOD MANUFACTURING PRACTICES › Section 229.422 - Sale of a Prescription Drug

Current through Reg. 49, No. 28; July 12, 2024
Any reference in this subchapter to the sale of a
					 prescription drug must be considered to include the manufacture, packaging,
					 exposure, offer, possession, and holding of any prescription drug for sale; the
					 sale, dispensing, and giving of any prescription drug; and supplying or
					 applying of any prescription drug in the operation of any prescription drug
					 place of business.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 229 - FOOD AND DRUG › Subchapter W - LICENSING OF WHOLESALE DISTRIBUTORS OF PRESCRIPTION DRUGS - INCLUDING GOOD MANUFACTURING PRACTICES › Section 229.423 - Exemptions

Current through Reg. 49, No. 28; July 12, 2024
(a) General. A
				  person who engages in the wholesale distribution of prescription drugs in this
				  state for use in humans is exempt from this subchapter if the person is exempt
				  under:
(1) the Prescription Drug Marketing
				  Act of 1987 (Act), (21
				  U.S.C.,
				  §353(c)(3)(B));
(2) the regulations adopted by the secretary
				  to administer and enforce that Act;
(3) the interpretations of that Act set forth
				  in the compliance policy manual of the United States Food and Drug
				  Administration; or
(4) the
				  Occupations Code, §
											562.154.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 229 - FOOD AND DRUG › Subchapter W - LICENSING OF WHOLESALE DISTRIBUTORS OF PRESCRIPTION DRUGS - INCLUDING GOOD MANUFACTURING PRACTICES › Section 229.424 - Licensure Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) General.
				  Except as provided in §
										229.423 of
				  this title (relating to Exemptions), a person may not engage in the wholesale
				  distribution of prescription drugs in Texas, as defined in §229.421(28) -
				  (29) of this title (relating to Definitions), unless the person has a valid
				  license from the commissioner of the department for each place of
				  business.
(b) Out-of-state place of
				  business.
(1) Except as provided by §
											229.423 of
				  this title, a person who engages in the wholesale distribution of prescription
				  drugs from outside this state may only engage in the wholesale distribution of
				  prescription drugs in this state if the person holds a license as required in
				  subsection (a) of this section.
(2)
				  The department may accept reports from authorities in other jurisdictions to
				  determine the extent of compliance with the Act and these sections.
(3) The department may issue a license to a
				  person who engages in the wholesale distribution of prescription drugs outside
				  this state to engage in the wholesale distribution of prescription drugs in
				  this state if, after an examination of the reports of the person's compliance
				  history and current compliance record, the department determines that the
				  person is in compliance with the Act and these sections.
(4) The department shall consider each
				  license application and any related documents or reports filed by or in
				  connection with a person who wishes to engage in the wholesale distribution of
				  prescription drugs in this state on an individual basis.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 229 - FOOD AND DRUG › Subchapter W - LICENSING OF WHOLESALE DISTRIBUTORS OF PRESCRIPTION DRUGS - INCLUDING GOOD MANUFACTURING PRACTICES › Section 229.425 - Licensing Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) License
				  application forms. License application forms may be obtained from the
				  department, 1100 West 49th Street, Austin, Texas, 78756, or online at
				  http://www.dshs.state.tx.us/license.shtm.
(b) Contents of license application. The
				  application for licensure as a wholesale distributor of prescription drugs
				  shall be signed and verified, submitted on a license application form furnished
				  by the department, and contain the following information:
(1) the name, full business address, and
				  telephone number of the applicant;
(2) all trade or business names under which
				  the business is conducted;
(3) the
				  address, telephone number, and name of a contact person for each of the
				  applicant's places of business;
(4)
				  the type of business entity:
(A) if a person,
				  the name of the person;
(B) if the
				  business is a sole proprietorship, the name of the proprietor;
(C) if the business is a partnership, the
				  name of the partnership and each of the partners; or
(D) if the business is a corporation, the
				  name of the corporation, the place of incorporation, and the name and title of
				  each corporate office and director;
(5) the name, date of birth, residence
				  address, telephone number, and any information necessary to complete a criminal
				  history record check on a designated representative of each place of
				  business;
(6) a list of all
				  licenses and permits issued to the applicant by any other state under which the
				  applicant is permitted to purchase or possess prescription drugs;
(7) the name of the manager, if different
				  from the designated representative, for each place of business;
(8) a list of categories which must be marked
				  and adhered to in the determination and paying of the fee; and
(9) a statement verified by the applicant's
				  signature that acknowledges the applicant has read, understood, and agrees to
				  abide by the provisions of this subchapter and those of the Texas Food, Drug,
				  and Cosmetic Act, Health and Safety Code, Chapter 431.