Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 217 - MILK AND DAIRY › Subchapter F - PERMITS, FEES AND ENFORCEMENT › Section 217.92 - Enforcement

Current through Reg. 49, No. 28; July 12, 2024
(a) Tagging
				  unsanitary equipment, utensils, and rooms. The department representative may
				  attach a tag or other appropriate marking device to any equipment, utensil, or
				  room in a dairy farm, milk plant, receiving station, transfer station, raw for
				  retail dairy farm, milk tank truck, or frozen dessert manufacturer that the
				  representative determines is unsanitary or is a health hazard. No equipment,
				  utensil, or room so tagged shall be used until a department representative
				  removes the tag following adequate cleaning and sanitization. Such tag shall
				  not be removed by anyone other than a department representative.
(b) Detained products. A department
				  representative shall attach a tag or other appropriate marking device to any
				  milk, milk product, dairy product, frozen dessert, Grade A retail raw milk, or
				  Grade A retail raw milk product that is or is suspected of being adulterated or
				  misbranded. The tag indicates notice that the product is detained. No person
				  shall remove the tagged products from the premises or dispose of the product by
				  sale or otherwise without prior written approval from the department or a court
				  order.
(c) Suspension of Health and
				  Safety Code (HSC), Chapter 435, permit. The department may suspend a permit
				  issued under HSC, Chapter 435, whenever there is reason to believe that a
				  public health hazard exists, or whenever a permit holder has violated any of
				  the sections of this chapter, or whenever the permit holder has interfered with
				  the department or its agents in the performance of its duties. A written notice
				  of the violation will be provided to the permit holder, and the permit holder
				  shall have 72 hours to correct the violation(s). The written notice may be
				  served by a copy of the inspection report handed to the permit holder or
				  operator or may be posted at the place of business. After receipt of the
				  notice, but prior to the expiration of the 72 hours, the permit holder may
				  request an extension of the time to correct the violation(s). The permit holder
				  who has been served with a written notice of violation and suspension may
				  request an informal regulatory conference on the facts of the violation. The
				  informal regulatory conference shall be held within 72 hours of the request,
				  notwithstanding any time allotted for correction. A permit holder who disagrees
				  with the outcome of an informal regulatory conference may make a written
				  request for a hearing. The hearing will be conducted pursuant to §§
										1.21,
				  1.23,
				  1.25, and
				  1.27 of
				  this title (relating to Formal Hearing Procedures) and the Administrative
				  Procedure Act, Government Code, Chapter 2001.
(d) Immediate suspension of HSC, Chapter 435,
				  permit. Immediate suspension of a permit under this subsection shall occur when
				  the milk or milk product involved creates, or appears to create, an imminent
				  hazard to the public health; or in any case of a willful refusal to permit an
				  inspection; or when the bacteria counts, coliform counts, somatic cell counts
				  or cooling temperatures are in violation of the requirements of §
										217.27(e)
				  of this title (relating to Examination of Milk and Milk Products), §
										217.28
				  of this title (relating to Standards for Grade A Raw for Retail Milk and Milk
				  Products), or §
										217.45
				  of this title (relating to Examination and Standards for Frozen Desserts); or
				  when adulteration by inhibitors or water is identified; or if any pathogenic
				  bacteria is isolated. A permit that is immediately suspended shall remain
				  suspended until the department determines that the violation has been
				  corrected. The permit holder may make a written request for a hearing to
				  contest the suspension. The hearing will be conducted pursuant to §§
										1.21,
				  1.23,
				  1.25, and
				  1.27 of
				  this title and the Administrative Procedure Act, Government Code, Chapter
				  2001.
(e) Revocation of HSC,
				  Chapter 435, permits. The department may revoke a permit issued under HSC,
				  Chapter 435, if the permit holder is delinquent in the remittance of the permit
				  fee or the inspection fee. The department may revoke a permit for noncompliance
				  with the requirements of this chapter. The department will provide written
				  notice of the reasons for the proposal to revoke, and the opportunity to
				  request a hearing. The permit holder may make a written request for a hearing
				  within 20 days of receipt of the written notice proposing revocation. The
				  permit holder may also request an informal hearing conference without waiving
				  the right to a hearing. The hearing will be conducted pursuant to §§
										1.21,
				  1.23,
				  1.25, and
				  1.27 of
				  this title and the Administrative Procedure Act, Government Code, Chapter
				  2001.
(f) Denial, suspension, and
				  revocation of license issued under frozen desserts, HSC, Chapter 440. The
				  department may deny an application for a license, may suspend a license, or may
				  revoke a license issued under HSC, Chapter 440, for violations of HSC, Chapter
				  440, or these sections. The license holder may request a hearing in writing to
				  contest the denial, suspension, or revocation. The license holder may also
				  request an informal hearing conference without waiving the right to a hearing.
				  The hearing will be conducted pursuant to §§
										1.21,
				  1.23,
				  1.25, and
				  1.27 of
				  this title and the Administrative Procedure Act, Government Code, Chapter
				  2001.
(g) Election of penalties.
				  The penalty authorized by HSC, Chapter 435, is subject to either the sanctions
				  prescribed in the "Grade A Pasteurized Milk Ordinance" which is adopted by
				  reference in §
										217.2
				  of this title (relating to Grade A Pasteurized Milk Ordinance) for products
				  covered by the "Grade A Pasteurized Milk Ordinance," or any civil or
				  administrative penalty sanctions otherwise imposed by HSC, Chapter 431, or
				  sanctions found in other law for products not covered by the Grade A
				  Pasteurized Milk Ordinance.
(h)
				  Administrative penalties. For products not covered by the "Grade A Pasteurized
				  Milk Ordinance," administrative penalties, as provided in the Health and Safety
				  Code, §§
										431.054 -
				  431.058,
				  and in §
										229.261
				  of this title (relating to Assessment of Administrative Penalties), may be
				  assessed against a person who violates HSC, Chapter 435 or 440, this chapter or
				  a rule or order adopted under this chapter, who holds a permit or license under
				  HSC, Chapter 435 or 440, or who is regulated under this chapter.