Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 229 - FOOD AND DRUG › Subchapter AA - REGULATION OF FOOD SALVAGE ESTABLISHMENTS AND BROKERS › Section 229.545 - Licensing Requirements and Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) General. Except as provided by
				  §§
										229.544,
				  229.574,
				  229.604,
				  and
				  229.634
				  of this title (relating to Exemptions and Applicability), it shall be unlawful
				  for any person to operate a salvage establishment or operate as a salvage
				  broker within the State of Texas, who does not possess a current and valid
				  license issued by the department.
(b) Licensing of out-of-state salvage
				  establishments and brokers. A person who operates a salvage establishment or
				  acts as a salvage broker outside this state may not sell, distribute, or
				  otherwise traffic in distressed or salvaged food, drugs, devices, or cosmetics
				  within this state unless the person holds a license from the
				  department.
(c) Reports from other
				  jurisdictions. The department may accept reports from authorities in other
				  jurisdictions to determine the extent of compliance with these sections and
				  with the provisions of the Act.
(d)
				  New place of business. Each person acquiring or establishing a place of
				  business for the purpose of operating a salvage establishment or operating as a
				  salvage broker shall apply for and obtain a license of such business prior to
				  beginning operation.
(e) Two or
				  more places of business. If the salvage establishment or salvage broker
				  operates more than one place of business, the salvage establishment or salvage
				  broker shall license each place of business separately.
(f) License application. 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.
(g) Contents of license application. The
				  salvage establishment or salvage broker license application shall be signed and
				  verified, submitted on a form furnished by the department, and shall include
				  the following information:
(1) the name of the
				  legal entity to be licensed, including the name under which the business is
				  conducted;
(2) the address of the
				  place of business to be licensed and the mailing address if
				  different;
(3) the name, residence
				  address, and driver's license number of the responsible individual in charge at
				  the place of business;
(4) the
				  hours of operation of each place of business;
(5) the address of any salvage warehouse used
				  by a salvage establishment or salvage broker;
(6) if a sole proprietorship, the name of the
				  proprietor; if a partnership, the names of all partners; if a corporation, the
				  names and titles of all officers; in any other association, those in a
				  managerial capacity; and
(7) a
				  statement signed and verified by the sole proprietor, managing partner,
				  corporate officer, or person in a managerial capacity for an association that
				  acknowledges the applicant has read, understood, and agrees to abide by the
				  provisions of these sections and those of the Act.