Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 229 - FOOD AND DRUG › Subchapter CC - REGULATION OF DEVICE SALVAGE ESTABLISHMENTS AND BROKERS › Section 229.605 - Licensing Requirements and Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) General. Except as provided by §
										229.604(a)
				  of this title (relating to Exemptions and Applicability), it shall be unlawful
				  for any person to operate a salvage establishment or act as a salvage broker
				  within this state, 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
				  application for licensing as a salvage establishment or salvage broker shall be
				  signed and verified, submitted on a license application 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 or billing 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 proprietorship, the name and
				  residence address of the proprietor; if a partnership, the names and residence
				  addresses of all partners; if a corporation, the date and place of
				  incorporation and name and address of its registered agent in the state and
				  corporation charter number; or if any other type of association, then the names
				  of the principals of such association; 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.