reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 296 - TEXAS ASBESTOS HEALTH PROTECTION › Subchapter Q - COMPLIANCE › Section 296.320 - Notice and Violation

Current through Reg. 49, No. 28; July 12, 2024
(a) Before DSHS takes final disciplinary action under § 296.312 of
											  this chapter (relating to Action against an Accreditation), § 296.313 of this chapter (relating to
											  Denial, Suspension, or Revocation of License or Reprimand of Licensee), § 296.316 of this chapter
											  (relating to Probation), §296.317 of the chapter (relating to Denial, Revocation, or Suspension of
											  Approval of a Training Course), or assesses an administrative penalty under § 296.318 of this chapter
											  (relating to Administrative Penalty), DSHS will issue a notice of violation proposing a disciplinary
											  action.
(b) A person may accept DSHS's proposal in writing or may
											  request a hearing in writing no later than 30 days after the date the person receives the notice. If the
											  person accepts DSHS's proposal, DSHS issues a final order imposing the disciplinary action or administrative
											  penalty, or both. If the person requests a hearing, DSHS refers the matter to the State Office of
											  Administrative Hearings for a contested case hearing.
(c) If the
											  person named in a notice does not timely request a hearing on a notice assessing an administrative penalty,
											  DSHS may find that the alleged conduct and violation occurred and issue a final order assessing an
											  administrative penalty.
(d) A hearing held under this chapter is
											  governed by and conducted under:
(1) the Administrative Procedure Act,
											  Texas Government Code, Chapter 2001;
(2) the procedural rules of
											  the State Office of Administrative Hearings in 1 TAC Chapter 155 (relating to Rules of Procedure);
											  and
(3) Chapter 1, Subchapter B of this title (relating to Formal
											  Hearing Procedures).
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 297 - INDOOR AIR QUALITY › Subchapter A - GOVERNMENT BUILDINGS › Section 297.2 - 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) Acceptable indoor air quality--The quality of air in an occupied
											  enclosed space that is within an established temperature and humidity comfort zone, and which does not
											  contain air contaminants in sufficient concentration to produce a negative impact on the health and comfort
											  of the occupants.
(2) Air contaminant--A gaseous, liquid, or
											  solid substance or combination of substances in a form transported by or in air that has the potential to be
											  detrimental to human health.
(3) ASHRAE--American Society of
											  Heating, Refrigerating and Air-conditioning Engineers, Incorporated.
(4) Board--The Texas Board of Health.
(5) Building commissioning--The process of ensuring that all building
											  systems are designed, installed, functionally tested, and operated in conformity with design intent.
											  Commissioning includes planning, design, construction, start-up, testing, documentation, owner acceptance,
											  and training throughout the life of the systems and building.
(6)
											  Department--The Texas Department of Health.
(7) Government
											  building--A building that is:
(A) owned, or leased for a term of at least
											  three months, by a state governmental entity or by a political subdivision of this state, including a county,
											  municipality, special purpose district, or school district; and
(B) regularly open to members of the public or used by the state or local
											  governmental entity for a purpose that involves regular occupancy of the building by an employee or by a
											  person in the custody or control of the governmental entity such as a public school student.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 297 - INDOOR AIR QUALITY › Subchapter A - GOVERNMENT BUILDINGS › Section 297.3 - Recommendations for Implementing a Governmental Building IAQ Program

Current through Reg. 49, No. 28; July 12, 2024
(a) Initial program development. The
											  development of a governmental IAQ program should include the following considerations.
(1) IAQ coordinator. An IAQ coordinator should be appointed and trained to
											  manage the IAQ program.
(2) Occupant considerations. When
											  implementing an IAQ program for a building, characteristics and activities of the population occupying and
											  visiting the building should be considered, as these may indicate unique needs relating to indoor air
											  quality.
(3) Facilities assessment. An IAQ and operational
											  assessment of all facilities should be performed to identify and document building operations and problem
											  areas based on current use and recognized codes and standards where available. Operational and maintenance
											  needs that can be addressed immediately, and in the future, should also be identified and
											  documented.
(4) Development of goals. Based on the results of the
											  IAQ occupant needs and facility assessment, and resources available, each IAQ coordinator should develop
											  goals, written plans and programs, which must be achieved for the implementation of an effective IAQ
											  program.
(5) Governmental administrative support for stated
											  goals. Administrative support from the highest level of the organization and a written commitment from the
											  governmental entity and other key personnel to the goals are necessary for an effective IAQ
											  program.
(6) Funding. Adequate budgets are necessary for IAQ and
											  maintenance staff to meet the stated goals, plans and programs. The amounts of funding will vary based on the
											  scope of each governmental program.
(7) Staff. An IAQ support
											  team should be developed and trained as necessary to achieve the goals of the governmental entity. The team
											  may include administrators, facility managers, health officials, custodians and maintenance personnel, an
											  energy manager, design and construction staff, occupants, and others.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 297 - INDOOR AIR QUALITY › Subchapter A - GOVERNMENT BUILDINGS › Section 297.5 - Building Operation and Maintenance Guidelines

Current through Reg. 49, No. 28; July 12, 2024
(a) Written preventive maintenance program. A
											  written preventive maintenance program should be established for each public building to provide a healthy
											  environment. The program should include procedures for the following.
(1)
											  HVAC Systems
(A) Filters. A system filter change-out program should be
											  developed and implemented. A filter upgrade program should be implemented if the filters do not meet the
											  latest recommended efficiency of MERV 9 or higher. Some low capacity air handlers may only have sufficient
											  capacity to utilize MERV 6 filters.
(B) Coils and condensate
											  drain systems. A cleaning program of the coil and condensate drain systems of the HVAC systems should be
											  developed and implemented.
(C) Cleanliness. The air supply and
											  return systems and mechanical rooms should be kept clean and properly maintained.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 297 - INDOOR AIR QUALITY › Subchapter A - GOVERNMENT BUILDINGS › Section 297.6 - Recommended Building Occupant Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
(a) Cleanliness. Offices, classrooms, workrooms,
											  mechanical rooms and supply areas should be kept clean and orderly to prevent contamination of indoor air and
											  conditions conducive to insect or rodent infestations.
(b)
											  Product usage. Products such as pesticides, air fresheners (including plug-ins), scented products (including
											  candles), spray products, and other materials that may be a health concern, should not be used.
(c) Work activities. Use the least toxic instructional or work materials
											  (markers, glue, art supplies, etc.) that will serve the intended purpose. When activities/projects generate
											  air pollutants, steps should be taken to minimize impact, such as using local exhaust fans or opening
											  windows.
(d) Diffusers and grills. Supply air diffusers and
											  return air grills should be kept free and clear of any obstructions.
(e) Mechanical Rooms. Mechanical rooms and/or closets housing HVAC systems
											  should not be used for storage.
(f) Spills. Spills should be
											  cleaned up promptly and properly. Materials to cleanup the spills of hazardous chemicals must be disposed of
											  in accordance with all applicable state and federal laws.
(g)
											  Pets. Animals should be maintained in such a manner to prevent IAQ problems.
(h) Sensitive individuals. Carefully consider and, to the extent feasible,
											  accommodate the needs of sensitive individuals by the following.
(1)
											  Consulting. Individuals with allergies or chemical intolerances should consult, as necessary, with health
											  officials, and their physicians.
(2) Locating. Locate sensitive
											  individuals away from potential sources of symptom-triggering substances and activities.
(3) Discouraging. Discourage the use of scented personal care products or
											  other scented products that may cause adverse reaction in sensitive individuals.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 297 - INDOOR AIR QUALITY › Subchapter A - GOVERNMENT BUILDINGS › Section 297.8 - Guidelines for Comfort and Minimum Risk Levels

Current through Reg. 49, No. 28; July 12, 2024
(a) IAQ Comfort. Comfort is an important part of
											  indoor air quality. The major comfort issue is thermal comfort that involves temperature, relative humidity,
											  and air velocity. Other comfort issues not covered here but that could affect the indoor environment are
											  lighting, noise, and vibration. Maintaining the proper temperature range is not sufficient to achieve thermal
											  comfort; it is also necessary to properly control the combination of temperature, relative humidity and air
											  velocity.
(1) Temperature. The room temperature for a typical occupied
											  office or classroom environment should be kept between 72 to 76 degrees Fahrenheit in the summer and 70 to 75
											  degrees in Fahrenheit in the winter and controlled within a temperature range of ±2 degrees in
											  Fahrenheit for a given day. Temperature at body and head height and near the floor needs to be considered.
											  Occupant preferences, activity and attire will influence the comfort. Additional guidance documents for other
											  situations are available, including ASHRAE Standard 55-1992 and 55a-1995.
(2) Relative Humidity. The relative humidity for a typical occupied office
											  or classroom environment should be generally between 30 to 50%. The relative humidity should never exceed 60%
											  due to potential mold growth. In geographical regions where the outdoor relative humidity is typically below
											  30%, no humidification is recommended if the occupants do not complain of discomfort due to the
											  dryness.
(3) Air Velocity. Some air movement is recommended to
											  avoid a feeling of stagnant air, typically 25 to 55 feet per min (fpm). Higher air speeds may be acceptable
											  if the affected occupants have control of local air speeds. Air supplied to the occupied zone (standing and
											  sitting positions) should be supplied at a moderate velocity within the recommended temperature and relative
											  humidity ranges. Air supplied from a diffuser at elevated speeds can create drafts in the occupied zone,
											  causing complaints of too hot or too cold, dry eyes, sore throats and nasal irritation. Directing diffusers
											  directly onto occupants' work zones or directly overhead may cause occupants discomfort, resulting in them
											  "modifying" the supply system (e.g., placing cardboard over diffusers). The system should be properly tested
											  and balanced. The appropriate supply and exhaust diffusers based on the occupant locations should be
											  installed. These diffusers should supply air at an acceptable temperature and humidity. Additional guidance
											  documents are available, including ASHRAE Standard 55-1992 and 55a-1995.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 297 - INDOOR AIR QUALITY › Subchapter A - GOVERNMENT BUILDINGS › Section 297.9 - Lease Agreements

Current through Reg. 49, No. 28; July 12, 2024
Whenever a government entity leases from or to another public or
													 private entity, a clause should be included in the lease agreement to require the property owner/property
													 management to comply with all applicable sections of the current Texas Department of Health Voluntary
													 Guidelines for Indoor Air Quality in Government Buildings.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 297 - INDOOR AIR QUALITY › Subchapter A - GOVERNMENT BUILDINGS › Section 297.10 - Special Considerations

Current through Reg. 49, No. 28; July 12, 2024
(a) Hospital facilities. Refer to Texas Department of Health, Hospital
											  Licensing, Physical Plant and Construction Requirements, New Construction Requirements, (25 Texas
											  Administrative Code §
										133.162) (the Texas Hospital
											  Licensing Law, Health and Safety Code Chapter 241), regarding ventilation requirements, general mechanical
											  requirements, performance and acceptance of hospital facilities, and HVAC requirements, (25 Texas
											  Administrative Code §
										133.169).
(b) Correctional facilities. When correctional facilities consider these
											  guidelines, they must also consider compliance with all of the regulations that may affect their mission to
											  protect the general population by securely housing the criminal offenders of the State. Security issues or
											  the original structure of earlier facilities may prevent certain ventilation practices from being
											  incorporated into existing facility designs. The building owner/operator should prioritize projects based on
											  the criteria above and complete those projects based on hazard concerns and financial ability.
(c) Child-frequented facilities. Greater diligence should be taken to
											  ensure indoor air quality in facilities occupied or frequented by children, such as schools and childcare
											  facilities. Children are considered at higher risk for health problems from poor indoor air quality than are
											  adults.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 300 - MANUFACTURE, DISTRIBUTION, AND RETAIL SALE OF CONSUMABLE HEMP PRODUCTS › Subchapter A - GENERAL PROVISIONS › Section 300.100 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
This chapter implements Texas Health and Safety Code, Chapter 443,
													 regulating the manufacture, distribution, and retail sale of consumable hemp and consumable hemp products in
													 the State of Texas.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 300 - MANUFACTURE, DISTRIBUTION, AND RETAIL SALE OF CONSUMABLE HEMP PRODUCTS › Subchapter A - GENERAL PROVISIONS › Section 300.102 - Applicability of Other Rules and Regulations

Current through Reg. 49, No. 28; July 12, 2024
Hemp manufacturers, processors, distributors, and retailers must
													 comply with all relevant laws and rules applicable to the manufacture, processing, distribution and sale of
													 consumable products, including:
(1) Chapter 217, Subchapter C of
											  this title (relating to Rules for the Manufacture of Frozen Desserts);
(2) Chapter 229, Subchapter D of this title (relating to Regulation of
											  Cosmetics);
(3) Chapter 229, Subchapter F of this title
											  (relating to Production, Processing, and Distribution of Bottled and Vended Drinking Water);
(4) Chapter 229, Subchapter G of this title (relating to Manufacture,
											  Storage, and Distribution of Ice Sold for Human Consumption, Including Ice Produced at Point of Use);
(5) Chapter 229, Subchapter L of this title (relating to
											  Licensure of Food Manufacturers, Food Wholesalers, and Warehouse Operators);
(6) Chapter 229, Subchapter N of this title (relating to Current Good
											  Manufacturing Practice and Good Warehousing Practice In Manufacturing, Packing, Or Holding Human Food);
(7) Chapter 229, Subchapter W of this title (relating to
											  Licensing of Wholesale Distributors of Prescription Drugs--Including Good Manufacturing Practices);
(8) Chapter 229, Subchapter X of this title (relating to
											  Licensing of Device Distributors and Manufacturers); and
(9)
											  Chapter 229, Subchapter GG of this title (relating to Sanitary Transportation of Human Foods).
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 300 - MANUFACTURE, DISTRIBUTION, AND RETAIL SALE OF CONSUMABLE HEMP PRODUCTS › Subchapter A - GENERAL PROVISIONS › Section 300.103 - Inspections

Current through Reg. 49, No. 28; July 12, 2024
(a) Authorized employees of the department may, upon presenting appropriate
											  credentials to the owner, operator, or person in charge:
(1) enter at
											  reasonable times the premises, conduct inspections, collect samples, and take photographs to determine
											  compliance with this chapter and Texas Health and Safety Code, Chapters 431 and 443;
(2) enter a vehicle being used to transport or hold the consumable hemp
											  product in commerce; or
(3) inspect at reasonable times, within
											  reasonable limits, and in a reasonable manner, the facility or vehicle and all equipment, finished and
											  unfinished materials, containers, and labeling of any item and obtain samples necessary for the enforcement
											  of this chapter.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 300 - MANUFACTURE, DISTRIBUTION, AND RETAIL SALE OF CONSUMABLE HEMP PRODUCTS › Subchapter A - GENERAL PROVISIONS › Section 300.104 - Manufacturing and Processing of Hemp Products for Smoking

Current through Reg. 49, No. 28; July 12, 2024
The manufacturing and processing of consumable hemp products for smoking is prohibited.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 300 - MANUFACTURE, DISTRIBUTION, AND RETAIL SALE OF CONSUMABLE HEMP PRODUCTS › Subchapter B - ANUFACTURE, PROCESSING, AND DISTRIBUTION OF CONSUMABLE HEMP PRODUCTS › Section 300.201 - Application for License or Renewal

Current through Reg. 49, No. 28; July 12, 2024
(a) A person must hold a consumable hemp products license issued by the
											  department before engaging in the manufacture, processing, or distribution of consumable hemp
											  products.
(b) A person shall apply for a consumable hemp products
											  license under this subchapter by submitting an application to the department in the manner prescribed by the
											  department for each location engaged in the manufacture, processing, or distribution of consumable hemp
											  products. The application must be accompanied by:
(1) a legal description
											  of each location to include the global positioning system coordinates for the perimeter of each location:
(A) where the applicant intends to manufacture or process consumable hemp
											  products; and
(B) where the applicant intends to store consumable
											  hemp products to include the global positioning system coordinates for the perimeter of each
											  location;
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 300 - MANUFACTURE, DISTRIBUTION, AND RETAIL SALE OF CONSUMABLE HEMP PRODUCTS › Subchapter B - ANUFACTURE, PROCESSING, AND DISTRIBUTION OF CONSUMABLE HEMP PRODUCTS › Section 300.202 - License Term and Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) A consumable hemp product license is valid for one year from the date
											  displayed on the license.
(b) The department shall issue and
											  renew a license if the license holder:
(1) is eligible to obtain a license
											  under § 300.201 of this subchapter (relating to Application for License or Renewal);
(2) submits a license fee to the department;
(3) does not owe outstanding fees to the department;
(4) possesses testing results of consumable hemp products before their
											  manufacture, distribution, or sale into commerce, and provides those testing results upon department request;
											  and
(5) has not been convicted of a felony relating to a
											  controlled substance under federal law or the law of any state in the ten years before the date of renewal of
											  the license.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 300 - MANUFACTURE, DISTRIBUTION, AND RETAIL SALE OF CONSUMABLE HEMP PRODUCTS › Subchapter B - ANUFACTURE, PROCESSING, AND DISTRIBUTION OF CONSUMABLE HEMP PRODUCTS › Section 300.203 - Access to Records

Current through Reg. 49, No. 28; July 12, 2024
(a) A person who is required to maintain records under this chapter or
											  §519 or §520(g) of the Federal Act must maintain records on site for immediate inspection, and at
											  the request of the department, provide access to records for review or copying to verify consumable hemp
											  products are being produced in accordance with United States Department of Agriculture under 7 United States
											  Code (U.S.C.) Chapter 38, Subchapter VII, or Texas Agriculture Code, Chapter 121.
(b) A person licensed under Texas Agriculture Code, Chapter 122, shall make
											  available to the department upon request the results of tests conducted on samples of hemp or hemp products
											  as evidence that the delta-9 tetrahydrocannabinol content concentration level on a dry weight basis, that,
											  when reported with the accredited laboratory's measurement of uncertainty, produces a distribution or range
											  that includes a result of 0.3 percent or less delta-9 tetrahydrocannabinol concentration of the hemp or hemp
											  products does not exceed 0.3 percent.
(c) Records described in
											  subsection (b) of this section must be maintained for a period of no less than three years after the date the
											  records are created.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 300 - MANUFACTURE, DISTRIBUTION, AND RETAIL SALE OF CONSUMABLE HEMP PRODUCTS › Subchapter C - TESTING OF CONSUMABLE HEMP PRODUCTS › Section 300.301 - Testing Required

Current through Reg. 49, No. 28; July 12, 2024
(a) All hemp or hemp derivatives used in the manufacture of a consumable
											  hemp product must be tested as appropriate for the product and process by an accredited laboratory to
											  determine:
(1) the presence and concentration of cannabinoids;
(2) the presence and concentration of THC; and
(3) the presence or quantity of residual solvents, heavy metals,
											  pesticides, and harmful pathogens.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 300 - MANUFACTURE, DISTRIBUTION, AND RETAIL SALE OF CONSUMABLE HEMP PRODUCTS › Subchapter C - TESTING OF CONSUMABLE HEMP PRODUCTS › Section 300.302 - Sample Analysis of Consumable Hemp and Certain Cannabinoid Oils

Current through Reg. 49, No. 28; July 12, 2024
(a) This section does not apply to low-THC
											  cannabis regulated under Texas Health and Safety Code, Chapter 487.
(b) Notwithstanding any other law, a person shall not sell, offer for sale,
											  possess, distribute, or transport a consumable hemp product in this state, including CBD oil, if the
											  consumable hemp product contains any material extracted or derived from the plant Cannabis sativa L., other
											  than from hemp produced in compliance with 7 United States Code (U.S.C.) Chapter 38, Subchapter VII, unless:
(1) a representative sample of the oil has been tested by an accredited
											  laboratory and found to have a delta-9 tetrahydrocannabinol content concentration level on a dry weight
											  basis, that, when reported with the accredited laboratory's measurement of uncertainty, produces a
											  distribution or range that includes a result of 0.3 percent or less; and
(2) testing results are provided to the department upon request.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 300 - MANUFACTURE, DISTRIBUTION, AND RETAIL SALE OF CONSUMABLE HEMP PRODUCTS › Subchapter C - TESTING OF CONSUMABLE HEMP PRODUCTS › Section 300.303 - Provisions Related to Testing

Current through Reg. 49, No. 28; July 12, 2024
(a) A consumable hemp product that exceeds the acceptable hemp THC level or
											  is adulterated in a manner harmful to human consumption shall not be sold at retail or otherwise introduced
											  into commerce in this state.
(b) A hemp manufacturer, processor,
											  or distributor shall provide the results of testing required by § 300.301 of this subchapter (relating
											  to Testing Required) to the department upon request.
(c) The
											  registrant shall provide the testing results required under § 300.301 of this subchapter to a consumer
											  or the department upon request.
(d) A license holder shall not
											  use an independent testing accredited laboratory unless the license holder has:
(1) no ownership interest in the accredited laboratory; or
(2) holds less than a ten percent ownership interest in the accredited
											  laboratory if the accredited laboratory is a publicly-traded company.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 300 - MANUFACTURE, DISTRIBUTION, AND RETAIL SALE OF CONSUMABLE HEMP PRODUCTS › Subchapter D - RETAIL SALE OF CONSUMABLE HEMP PRODUCTS › Section 300.401 - Possession, Distribution, and Sale of Consumable Hemp Products

Current through Reg. 49, No. 28; July 12, 2024
A person licensed or registered by the department under this
													 chapter may possess, transport, distribute, or sell a consumable hemp product processed or manufactured in
													 compliance with this chapter.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 300 - MANUFACTURE, DISTRIBUTION, AND RETAIL SALE OF CONSUMABLE HEMP PRODUCTS › Subchapter D - RETAIL SALE OF CONSUMABLE HEMP PRODUCTS › Section 300.402 - Packaging and Labeling Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) All consumable hemp products marketed as containing more than trace
											  amounts of cannabinoids must, in addition to the requirements of § 300.102 of this chapter (relating to
											  Applicability of Other Rules and Regulations), be labeled in the manner provided by this section with the
											  following information:
(1) lot number;
(2) lot date;
(3) product
											  name;
(4) the name of the product's manufacturer;
(5) telephone number and email address of manufacturer; and
(6) a Certificate of Analysis that the delta-9 tetrahydrocannabinol content
											  concentration level on a dry weight basis, that, when reported with the accredited laboratory's measurement
											  of uncertainty, produces a distribution or range that includes a result of 0.3 percent or less.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 300 - MANUFACTURE, DISTRIBUTION, AND RETAIL SALE OF CONSUMABLE HEMP PRODUCTS › Subchapter D - RETAIL SALE OF CONSUMABLE HEMP PRODUCTS › Section 300.403 - Retail Sale of Out-Of-State Consumable Hemp Products

Current through Reg. 49, No. 28; July 12, 2024
A registrant selling consumable hemp products processed or
													 manufactured outside of this state must, upon request, submit to the department evidence that the products
													 were processed or manufactured in another state or a foreign jurisdiction in compliance with:
(1) a state or tribal or jurisdiction's plan approved by the United States
											  Department of Agriculture under 7 United States Code (U.S.C.) §1639p;
(2) a plan established under
											  7 U.S.C. §
											1639q if that plan applies to the state or jurisdiction; or
(3) the laws of a foreign jurisdiction if the products are tested in
											  accordance with § 300.301 of this chapter (relating to Testing Required) and comply with federal
											  regulations.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 300 - MANUFACTURE, DISTRIBUTION, AND RETAIL SALE OF CONSUMABLE HEMP PRODUCTS › Subchapter D - RETAIL SALE OF CONSUMABLE HEMP PRODUCTS › Section 300.404 - Transportation and Exportation of Consumable Hemp Products Out of State

Current through Reg. 49, No. 28; July 12, 2024
Consumable hemp products may be legally transported across state
													 lines and exported to foreign jurisdictions in a manner that is consistent with federal law and the laws of
													 respective foreign jurisdictions.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 300 - MANUFACTURE, DISTRIBUTION, AND RETAIL SALE OF CONSUMABLE HEMP PRODUCTS › Subchapter E - REGISTRATION FOR RETAILERS OF CONSUMABLE HEMP PRODUCTS › Section 300.501 - Registration Required for Retailers of Certain Products

Current through Reg. 49, No. 28; July 12, 2024
(a) This section does not apply to:
(1) low-THC cannabis regulated under Texas Health and Safety Code, Chapter
											  487; or
(2) products recognized by the FDA under 21 CFR Part
											  182, Substances Generally Recognized as Safe (GRAS).
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 300 - MANUFACTURE, DISTRIBUTION, AND RETAIL SALE OF CONSUMABLE HEMP PRODUCTS › Subchapter E - REGISTRATION FOR RETAILERS OF CONSUMABLE HEMP PRODUCTS › Section 300.502 - Application

Current through Reg. 49, No. 28; July 12, 2024
(a) A person shall register under this subchapter by submitting an
											  application in the manner prescribed by the department.
(b)
											  Applications must be submitted by the owner, operator, or owner designee and shall contain the following
											  information:
(1) the name under which the business is operated;
(2) the mailing address of the facility;
(3) the street address of each location;
(4) the primary business contact telephone number;
(5) the phone number for each location; and
(6) the primary business email address.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 300 - MANUFACTURE, DISTRIBUTION, AND RETAIL SALE OF CONSUMABLE HEMP PRODUCTS › Subchapter F - ENFORCEMENT › Section 300.601 - Violation of Department License or Registration Requirement

Current through Reg. 49, No. 28; July 12, 2024
(a) A person commits a violation if the person
											  manufactures, processes, distributes, or sells a consumable hemp product into commerce without a license or
											  registration required by the department under:
(1)
											§ 300.201 of this
											  chapter (relating to Application for License or Renewal) for the manufacture, processing, or distributing of
											  consumable hemp products; or
(2)
											§ 300.502 of this chapter
											  (relating to Application) for the retail sale of consumable hemp products.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 300 - MANUFACTURE, DISTRIBUTION, AND RETAIL SALE OF CONSUMABLE HEMP PRODUCTS › Subchapter F - ENFORCEMENT › Section 300.602 - Prohibited Acts

Current through Reg. 49, No. 28; July 12, 2024
The following acts, and the causing of the following acts, within
													 this state are unlawful and prohibited:
(1) the distribution in
											  commerce of a consumable hemp product, if such consumable hemp product is contained in a package, or if there
											  is affixed to that consumable hemp product a label that does not conform to the provisions of this chapter;
											  and
(2) the engagement in the packaging or labeling of such
											  consumable hemp products.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 300 - MANUFACTURE, DISTRIBUTION, AND RETAIL SALE OF CONSUMABLE HEMP PRODUCTS › Subchapter F - ENFORCEMENT › Section 300.603 - Detained or Embargoed Article

Current through Reg. 49, No. 28; July 12, 2024
The department shall affix to an article that is a food, drug,
													 device, cosmetic, or consumer commodity a tag or other appropriate marking that gives notice that the article
													 is, or is suspected of being, adulterated or misbranded and that the article has been detained or embargoed
													 if the department finds or has probable cause to believe that the article:
(1) is adulterated;
(2) is
											  misbranded so that the article is dangerous or fraudulent under this chapter; or
(3) is in violation of Texas Health and Safety Code, §
										431.084, §
										431.114, or §
										431.115.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 300 - MANUFACTURE, DISTRIBUTION, AND RETAIL SALE OF CONSUMABLE HEMP PRODUCTS › Subchapter F - ENFORCEMENT › Section 300.604 - Destruction of Article

Current through Reg. 49, No. 28; July 12, 2024
(a) The department shall request court-ordered destruction of a sampled,
											  detained, or embargoed consumable hemp product if the court finds the article is misbranded or adulterated.
(b) After entry of the court's order, an authorized agent shall
											  supervise the destruction of the article.
(c) The claimant of
											  the article shall pay the cost of the destruction of the article.
(d) If the article is being destroyed in whole or in part due to a THC
											  content that meets the definition of a schedule I drug, the article must be destroyed by a reverse
											  distributor authorized by the United States Drug Enforcement Agency.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 300 - MANUFACTURE, DISTRIBUTION, AND RETAIL SALE OF CONSUMABLE HEMP PRODUCTS › Subchapter F - ENFORCEMENT › Section 300.605 - Correction By Proper Labeling or Processing

Current through Reg. 49, No. 28; July 12, 2024
(a) A court may order the delivery of a sampled article or a detained or
											  embargoed article that is adulterated or misbranded to the claimant of the article for labeling or processing
											  under the supervision of the department if:
(1) the decree has been entered
											  in the suit;
(2) the costs, fees, and expenses of the suit have
											  been paid;
(3) the adulteration or misbranding can be corrected
											  by proper labeling or processing; and
(4) a good and sufficient
											  bond, conditioned on the correction of the adulteration or misbranding by proper labeling or processing, has
											  been executed.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 300 - MANUFACTURE, DISTRIBUTION, AND RETAIL SALE OF CONSUMABLE HEMP PRODUCTS › Subchapter F - ENFORCEMENT › Section 300.606 - Administrative Penalty

Current through Reg. 49, No. 28; July 12, 2024
(a) The department may impose an administrative penalty against a person
											  who holds a license or is registered under this chapter and who violates this chapter.
(b) The department shall notify a retailer of consumable hemp products of a
											  potential violation concerning consumable hemp products sold by the registrant and provide the registrant an
											  opportunity to resolve such violations made unintentionally or negligently within ten business days after the
											  department notifies the registrant.
(c) The department shall
											  assess administrative penalties based upon one or more of the following criteria:
(1) the seriousness of the violation, including the nature, circumstances,
											  extent, and gravity of any prohibited acts, and the hazard or potential hazard created to the health, safety,
											  or economic welfare of the public;
(2) the history of previous
											  violations;
(3) the amount necessary to deter future violations;
(4) efforts to correct the violation; and
(5) any other matter that justice may require in relation to the violation.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 401 - MENTAL HEALTH SYSTEM ADMINISTRATION › Subchapter G - LOCAL MENTAL HEALTH AUTHORITY NOTIFICATION AND APPEAL › Section 401.464 - Notification and Appeals Process

Current through Reg. 49, No. 28; July 12, 2024
(a) The TXMHMR service system is dedicated to
											  providing mental health and mental retardation services/supports which are viewed as satisfactory by persons
											  receiving those services/supports and their legally authorized representatives. Therefore, local authorities
											  and their contractors shall take steps to assure that these persons:
(1)
											  have a method to express their concerns or dissatisfaction;
(2)
											  are assisted to do so in a constructive way; and
(3) have their
											  concerns or dissatisfaction addressed through a review process.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 404 - PROTECTION OF CLIENTS AND STAFF-MENTAL HEALTH SERVICES › Subchapter E - RIGHTS OF PERSONS RECEIVING MENTAL HEALTH SERVICES › Section 404.151 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this subchapter is:
(1) to provide to persons receiving mental health services:
(A) a listing of the specific rights guaranteed to them;
(B) the assurance that these rights must and will be made known to them,
											  and, when applicable, to the persons having legal responsibility for them (i.e., parent of a minor, managing
											  conservator, legal guardian of the person, limited legal guardian of the person); and
(C) assistance in exercising their rights in a manner which does not
											  conflict with the rights of other persons;
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 404 - PROTECTION OF CLIENTS AND STAFF-MENTAL HEALTH SERVICES › Subchapter E - RIGHTS OF PERSONS RECEIVING MENTAL HEALTH SERVICES › Section 404.152 - Application

Current through Reg. 49, No. 28; July 12, 2024
The provisions of this subchapter shall apply to each of the
													 following in which mental health services are provided:
(1)
											  facilities of the Texas Department of Mental Health and Mental Retardation and their respective
											  community-based programs;
(2) community centers;
(3) psychiatric hospitals; and
(4) any program contracting with these entities.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 404 - PROTECTION OF CLIENTS AND STAFF-MENTAL HEALTH SERVICES › Subchapter E - RIGHTS OF PERSONS RECEIVING MENTAL HEALTH SERVICES › Section 404.156 - Additional Rights of Persons Receiving Residential Mental Health Services at Department Facilities

Current through Reg. 49, No. 28; July 12, 2024
In addition to the rights listed in §
										404.155
													 of this title (relating to Rights of Persons Receiving Residential Mental Health Services), persons receiving
													 residential mental health services at department facilities have the following rights.
(1) The right to be advised of the availability of trust fund accounts and
											  other safekeeping for funds and articles of value. This right shall extend to the family of the person
											  receiving services, who shall be informed of the existence of the trust fund as a means of protecting
											  personal funds for the person served, and who shall be advised to send all monies, either checks or cash, to
											  the cashier, and not to the individual or ward employees. Families shall be informed that the department
											  facility is not responsible for funds mailed directly to the person served. The method of advising persons
											  served and their families of this right is to be determined by each department facility.
(2) The right of each individual admitted to an inpatient program of a
											  department facility to have the state pay the cost of transportation home upon discharge or furlough unless
											  the individual or someone responsible for the individual is able to do so.
(3) The right of each individual admitted to an inpatient program of a
											  department facility other than for substance abuse to be informed in writing at admission and upon discharge
											  of the existence of the court monitor of the RAJ v. Jones settlement and to be informed of how to contact the
											  monitor's office, the plaintiff's counsel, and organizations which provide free legal assistance.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 404 - PROTECTION OF CLIENTS AND STAFF-MENTAL HEALTH SERVICES › Subchapter E - RIGHTS OF PERSONS RECEIVING MENTAL HEALTH SERVICES › Section 404.157 - Rights of Persons Voluntarily Admitted to Inpatient Services

Current through Reg. 49, No. 28; July 12, 2024
(a) All persons voluntarily admitted to
											  inpatient services for treatment of mental illness or chemical dependency or the person who requested
											  admission on the individual's behalf have the right to request discharge. Any such person expressing a
											  request for release shall be given an explanation of the process for requesting release and afforded the
											  opportunity to request release in writing.
(1) When a written request for
											  release is presented to any direct care staff of the department facility, community center, or psychiatric
											  hospital, it should be signed, dated, and timed by the individual or a person legally responsible for the
											  individual.
(2) If an individual informs a person associated with
											  or employed by the department facility, community center, or psychiatric hospital of the individual's desire
											  to leave, the employee or person shall, as soon as possible, assist the individual in creating the written
											  request and present it to the individual to sign, date, and time. Without regard to whether the individual
											  agrees to sign paperwork requesting discharge from services, the request will be documented and processed by
											  staff. The refusal or inability of the individual to sign the request for discharge will be documented on the
											  unsigned written request.
(3) All written or prepared requests
											  for discharge will be timed, dated, and signed by the staff member, who shall provide information to the
											  individual that pursuant to law, during the ensuing period of up to 24 hours, the individual will be observed
											  and evaluated to determine the clinical appropriateness of seeking an involuntary commitment to services. The
											  form and format for requesting release and the information to be provided may be prescribed by the
											  department.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 404 - PROTECTION OF CLIENTS AND STAFF-MENTAL HEALTH SERVICES › Subchapter E - RIGHTS OF PERSONS RECEIVING MENTAL HEALTH SERVICES › Section 404.158 - Rights of Persons Apprehended for Emergency Detention for Inpatient Mental Health Services (Other Than for Chemical Dependency)

Current through Reg. 49, No. 28; July 12, 2024
The rights of each person apprehended and presented for emergency
													 detention for inpatient mental health services at a department facility, community center, or psychiatric
													 hospital are granted under the relevant sections of the Texas Mental Health Code (Texas Civil Statutes,
													 Article 5547-1 et seq.).
(1) Each person apprehended or detained,
											  but not yet admitted, has the following rights.
(A) The right to be advised
											  of the location of detention, the reasons for detention, and that detention could result in a longer period
											  of involuntary commitment.
(B) The right to contact an attorney
											  of the person's own choosing with opportunities to contact that attorney.
(C) The right to be transferred back to the location of apprehension, or
											  other suitable place, if not admitted for emergency detention, unless the person is arrested or objects to
											  the return.
(D) The right to be released if the head of the
											  department facility, community center, or psychiatric hospital determines that any one of the criteria for
											  emergency detention no longer applies.
(E) The right to be
											  informed that anything the person says to the personnel of the department facility, community center, or
											  psychiatric hospital may be used in the proceeding for further detention.
(F) The right to a preliminary examination by a physician conducted
											  immediately upon arrival at the department facility, community center, or psychiatric hospital following
											  apprehension to determine whether the person meets the criteria for admission for emergency detention. If a
											  physician is not available to conduct the examination, steps shall immediately be taken to arrange for the
											  examination as soon as possible, but in no case more than 24 hours after apprehension.