reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 205 - PRODUCT SAFETY › Subchapter A - BEDDING RULES › Section 205.5 - Definitions and Designations of Filling Materials

Current through Reg. 49, No. 28; July 12, 2024
(a) Cotton.
(1) The term "cotton" by itself shall not be
				  used.
(2) Staple cotton is the
				  fibrous growth as removed from the cottonseed in the usual process of ginning
				  (first-cut from the seed).
(3)
				  Cotton linters are the fibrous growth removed from the cottonseed subsequent to
				  the usual process of ginning. The term "linters" alone shall not be
				  used.
(4) Cotton by-product is a
				  loose filling material consisting of cotton fibers which have been removed from
				  the various machine operations in the preparation and manufacture of cotton
				  yarn up to, but not including, the process of spinning, and shall include only
				  the following materials commonly known in cotton mill terms as:
(A) cotton card or vacuum strips;
(B) cotton comber;
(C) cotton fly;
(D) cotton picker or motes.
(5) The term "blended cotton felt"
				  or "blended cotton batting" shall be used when a mixture of cotton fiber is
				  made into felt form.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 205 - PRODUCT SAFETY › Subchapter A - BEDDING RULES › Section 205.6 - Adjunctive Terms

Current through Reg. 49, No. 28; July 12, 2024
(a) The terms in
				  this section are required to be used with definitions when applicable for
				  descriptive terminology.
(b)
				  Batting, blended, felt--Material which has been carded in layers or sheets by a
				  garnett or felting machine. Shall not be used as an all inclusive term for
				  material of different genera (e.g., blended cotton felt, polyester
				  batting).
(c) Boric acid
				  treated--Must be used in connection with filling material that has been treated
				  with a boric acid solution as a flame retardant treatment (e.g., blended cotton
				  felt-boric acid treated).
(d)
				  By-products--Vegetable and synthetic fibers recovered from various machine
				  operations up to but not including the process of spinning. Term may be used in
				  lieu of generic terms for a mixture of like material (e.g., synthetic fiber
				  by-product).
(e) Garnetted
				  clippings--Materials which have been made into thread, yarn, or fabric and
				  subsequently reduced to a fibrous state (e.g., garnetted polyester clippings,
				  garnetted textile clippings).
(f)
				  Pad--Material which has been interwoven, punched, pressed, formed, shaped or
				  otherwise fabricated into a pad (e.g., sisal pad, coir fiber pad).
(g) Pieces--Urethane foam and rubber products
				  which have been cut or broken into pieces of indefinite shape, size or form,
				  but not shredded. The term applies to loose as well as cemented or bonded
				  filling material (e.g., urethane foam pieces, latex foam rubber
				  pieces).
(h) Resinated--The term
				  must precede the generic material which has received a resin application (e.g.,
				  resinated cotton fiber pad).
(i)
				  Rubberized--The term must precede the generic material which has received a
				  latex application (e.g., rubberized hair pad).
(j) Shredded--Material which has been
				  subjected to a shredding process (e.g., shredded urethane foam).
(k) Shredded clippings--Materials which have
				  been made into thread, yarn, or fabric and subsequently cut up, torn up, broken
				  up or ground up (e.g., shredded polyester clippings, shredded textile
				  clippings).
(l) Waste--By-products
				  or reclaimed materials which have the following characteristics:
(1) cotton waste containing more than 10% of
				  hull, leaf, stem, and pulp;
(2)
				  material which contains bits of paper, cardboard, string, etc.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 205 - PRODUCT SAFETY › Subchapter A - BEDDING RULES › Section 205.7 - Suggested Terminology for Various Fiber By-Products

Current through Reg. 49, No. 28; July 12, 2024
(a) The provision covering adjunctive terms
				  in §
										205.6
				  of this title (relating to Adjunctive Terms) must be included where
				  applicable.
(b) Examples of
				  terminology for blended filling materials consisting of various unknown kinds
				  and percentages of fibers, threads, fabric pieces, etc., and which has been
				  processed into a pad or felt form are as follows:
(1) blended felt;
(A) % cotton by-products;
(B) % shredded textile clippings;
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 205 - PRODUCT SAFETY › Subchapter A - BEDDING RULES › Section 205.8 - Germicidal Treatment Requirements; Methods

Current through Reg. 49, No. 28; July 12, 2024
(a) General Requirements.
(1) Secondhand bedding articles.
(A) Secondhand bedding articles shall be
				  cleaned and germicidally treated by a method approved by the department in
				  subsection (b) of this section before they may be sold, leased or rented to
				  consumers.
(B) Bedding articles
				  manufactured, repaired, or renovated in whole or in part from secondhand or
				  recycled materials shall be germicidally treated by a method approved by the
				  department in subsection (b) of this section before they may be sold, leased or
				  rented to consumers.
(C)
				  Upholstered sofa beds and studio couches are subject to the requirements set
				  forth in paragraph (1)(A) and (B) of this subsection.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 205 - PRODUCT SAFETY › Subchapter A - BEDDING RULES › Section 205.9 - Sanitary Premises

Current through Reg. 49, No. 28; July 12, 2024
Every person engaged in the business of manufacturing,
					 renovating, or processing bedding and/or bedding materials shall keep each
					 business location in a sanitary condition by complying with the following
					 minimum requirements:
(1) Adequate
				  housing and floor space shall be provided to prevent crowding of materials and
				  equipment and to allow for the practice of cleanliness and sanitation. Articles
				  of bedding and/or processed bedding materials shall be securely housed at all
				  times and may not be exposed to the elements.
(2) All work rooms shall be well ventilated,
				  and high dust counts, odors, and stale air shall not be permitted. Dust control
				  measures may include the housing or partitioning of dust producing machinery
				  from other work rooms and the installation of metal hoods and extraction fans
				  over dust producing machinery.
(3)
				  All work rooms shall be well lighted.
(4) The floors of all rooms in which
				  materials are stored, processed, or otherwise used in the manufacturing or
				  renovating of bedding, shall be of such construction as to be easily cleaned,
				  shall be smooth, and shall be kept clean and in good repair.
(5) Walls and ceilings of all rooms where
				  materials are stored, processed, or otherwise used in the manufacturing or
				  renovating of bedding, shall be of tight, smooth construction, shall be
				  painted, and kept clean and in good repair. Cracks or recesses which would tend
				  to harbor vermin and pathogens shall not be allowed.
(6) All buildings, rooms therein, and
				  immediate surroundings shall be kept in neat and clean condition. All rooms and
				  surroundings shall be free of rubbish, trash, discarded equipment, or other
				  unnecessary articles which may promote unsanitary conditions.
(7) There shall be no living quarters in the
				  rooms, or opening directly into the rooms where materials are stored, processed
				  or otherwise used in the manufacturing or renovating of bedding.
(8) Clean toilet facilities of a type
				  acceptable to the department shall be provided.
(9) Adequate and clean hand washing
				  facilities shall be provided. One lavatory (wash basin) with adequate and
				  acceptable water supply shall be provided for every 20 employees or portion
				  thereof up to 100 persons and one lavatory (wash basin) for each additional 25
				  persons or portions thereof. Soap or a suitable cleaning agent shall be
				  provided at each lavatory.
(10) A
				  water supply and drinking fountain acceptable to the department shall be
				  provided. Paper cups with dispenser may be used instead of a fountain. The use
				  of a common drinking cup is prohibited.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 205 - PRODUCT SAFETY › Subchapter A - BEDDING RULES › Section 205.10 - Adjustments to the Minimum Requirements

Current through Reg. 49, No. 28; July 12, 2024
The department shall, through its authorized
					 representatives, have the right to require adjustments to the minimum
					 requirements set forth in these sections when such adjustments are deemed
					 necessary for the protection of the public health and public
					 welfare.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 205 - PRODUCT SAFETY › Subchapter A - BEDDING RULES › Section 205.11 - Permit Requirements; Types; Application; Conditions; Suspension

Current through Reg. 49, No. 28; July 12, 2024
(a) General
				  requirements.
(1) A person may not
				  manufacture, import, wholesale, distribute, or engage in the business of
				  renovating or selling bedding in this state or for delivery in this state
				  unless the person first obtains a permit for that specific purpose from the
				  department. This requirement does not apply to a custom upholstery business
				  that does not repair or renovate bedding for resale.
(2) A processor may not sell filling material
				  in this state or for delivery in this state unless the person first obtains a
				  permit for that purpose from the department.
(3) A person may not apply a germicidal
				  treatment method to bedding unless the method has been registered with and
				  approved in writing by the department and the person has been issued a
				  germicidal treatment permit by the department.
(4) These permit requirements apply to each
				  separate business location regardless of business name or ownership.
(5) Prior to January 1, 2005, the term of all
				  licenses is one-year and expires on the anniversary of the effective date,
				  unless renewed. Effective January 1, 2005, the term of all licenses is two
				  years. Some licenses will be renewed for a one-year term in 2005, in a manner
				  to be determined by the department and two years thereafter. The department may
				  prorate permit fees as appropriate to provide for a common expiration date for
				  persons holding and/or applying for more than one permit.
(6) Texas Online Fees. The department is
				  authorized to collect subscription and convenience fees, in amounts determined
				  by the Texas Online Authority, to recover costs associated with processing
				  license applications specified under this subchapter through Texas Online, in
				  accordance with the Texas Government Code, Chapter 2054, §2054.111
				  (relating to Use of Texas Online Project).
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 205 - PRODUCT SAFETY › Subchapter A - BEDDING RULES › Section 205.12 - Administrative Penalty

Current through Reg. 49, No. 28; July 12, 2024
(a) The department
				  may assess an administrative penalty against a person who violates the Act or a
				  rule adopted by the department under the Act as provided by this
				  section.
(b) The penalty may not
				  exceed $25,000 for each violation. Each day of a continuing violation
				  constitutes a separate violation.
(c) In determining the amount of the
				  administrative penalty, the department shall consider:
(1) the seriousness of the
				  violation;
(2) the history of
				  previous violations;
(3) the amount
				  necessary to deter future violations;
(4) efforts made to correct the violation;
				  and
(5) any other matters that
				  justice may require.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 205 - PRODUCT SAFETY › Subchapter A - BEDDING RULES › Section 205.13 - Detained or Embargoed Bedding

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The commissioner or an authorized agent may detain or embargo bedding if the
				  commissioner or authorized agent finds or has probable cause to believe that
				  the bedding violates the Act or these regulations.
(b) The commissioner or an authorized agent
				  shall affix to the detained or embargoed bedding a notice or other appropriate
				  marking indicating that:
(1) the bedding
				  violates or is suspected of violating the Act or these regulations;
				  and
(2) the bedding has been
				  detained or embargoed.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 205 - PRODUCT SAFETY › Subchapter A - BEDDING RULES › Section 205.14 - Removal Order for Detained or Embargoed Bedding

Current through Reg. 49, No. 28; July 12, 2024
(a) If the claimant of the detained or
				  embargoed bedding or the claimant's agent fails or refuses to transfer the
				  bedding to a secure place after the notice or other appropriate marking has
				  been affixed as provided by §
										205.12 of
				  this title (relating to Administrative Penalty), the commissioner or an
				  authorized agent may order the transfer of the bedding to one or more secure
				  storage areas to prevent unauthorized use, removal, or disposal.
(b) The commissioner or an authorized agent
				  may provide for the transfer of the bedding if the claimant of the bedding or
				  the claimant's agent does not carry out the transfer in a timely
				  manner.
(c) The claimant of the
				  bedding or the claimant's agent shall pay the costs of the transfer, and the
				  costs of any transfer made under subsection (a) or (b) of this section shall be
				  assessed against the claimant of the bedding or the claimant's agent.
(d) The commissioner may request the attorney
				  general to bring an action in the district court in Travis County to recover
				  the costs of the transfer. In a judgement in favor of the state, the court may
				  award costs, attorney fees, court costs, and interest from the time the expense
				  was incurred through the time the department was reimbursed.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 205 - PRODUCT SAFETY › Subchapter A - BEDDING RULES › Section 205.15 - Condemnation

Current through Reg. 49, No. 28; July 12, 2024
An action for the condemnation of bedding may be brought
					 before a court in whose jurisdiction the bedding is located, detained, or
					 embargoed if the bedding violates the Act or these
					 regulations.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 205 - PRODUCT SAFETY › Subchapter A - BEDDING RULES › Section 205.16 - Recall Orders

Current through Reg. 49, No. 28; July 12, 2024
(a) In conjunction
				  with the detention or embargo of bedding under §
										205.13
				  of this title (relative to Detained or Embargoed Bedding), the commissioner may
				  order bedding to be recalled from commerce.
(b) The commissioner's recall order may
				  require the bedding to be removed to one or more secure areas approved by the
				  commissioner or an authorized agent.
(c) The recall order must be in writing and
				  signed by the commissioner.
(d) The
				  recall order may be issued before or in conjunction with the affixing of the
				  notice under §
										205.13
				  of this title.
(e) The recall is
				  effective until the order:
(1) expires on its
				  own terms;
(2) is withdrawn by the
				  commissioner; or
(3) is reversed by
				  a court in an order denying condemnation.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 205 - PRODUCT SAFETY › Subchapter A - BEDDING RULES › Section 205.17 - Inspection

Current through Reg. 49, No. 28; July 12, 2024
(a) To determine
				  compliance with the Act or regulations, an authorized representative, or
				  representatives, may enter a place at which:
(1) bedding is manufactured, repaired,
				  renovated, stored, or sold;
(2)
				  materials are prepared for use in bedding; or
(3) germicidal treatment of bedding is
				  performed.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 205 - PRODUCT SAFETY › Subchapter B - FLAMMABILITY RULES › Section 205.23 - Classes of Substances

Current through Reg. 49, No. 28; July 12, 2024
The application of these sections must, by direction of
					 Texas Civil Statutes Article 4476-13, be directed toward groups, types, or
					 classes of flammable substances, rather than individual products. This section
					 clearly establishes these classifications and the degree of flammability which
					 must be considered for purposes of labeling.
(1) Solids. The flammability characteristics
				  of solids shall be classified as "flammable' or "extremely flammable,' as
				  follows:
(A) Flammable solids. A solid shall
				  be deemed "flammable' if, when tested by the method prescribed in paragraph
				  191.14(A)(2) of the Federal Hazardous Substances Act, 15 United States Code
				  §1251 et. seq., it ignites and burns with a self-sustained flame at a rate
				  greater than 1/10 of an inch per second along its major axis.
(B) Extremely flammable solids. A solid
				  substance shall be deemed "extremely flammable" if it ignites and burns at an
				  ambient temperature of 80 degrees Fahrenheit or less when subjected to
				  friction, or to percussion, or to an electrical spark.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 205 - PRODUCT SAFETY › Subchapter B - FLAMMABILITY RULES › Section 205.24 - Children's Clothing

Current through Reg. 49, No. 28; July 12, 2024
(a) Children's
				  sleepwear (Type I), sizes 0-6X inclusive.
(1)
				  Definitions. In addition to the definitions given in section 2 of the Federal
				  Flammable Fabrics Act, as amended (Sec.1, 81 Stat, 568,
				  15
				  United States Code 1191), section 7.2 of the
				  Procedures (33 F.R.14642, Oct.1, 1968) and §
											205.21 of this
				  title (relating to Scope), the following definitions apply for the purposes of
				  this section:
(A) Children's sleepwear-As
				  used in this subsection, means any product of wearing apparel up to and
				  including size 6X, such as nightgowns, pajamas, or similar or related items,
				  such as robes, intended to be worn primarily for sleeping or activities related
				  to sleeping. Diapers and underwear are excluded from this definition.
(B) Size 6X-The size defined as 6X in
				  Department of Commerce Voluntary Product Standard, previously identified as
				  Commercial Standard, CS 151-50, "Body Measurements for the Sizing of Apparel
				  for Infants, Babies, Toddlers, and Children,' unless otherwise defined in the
				  context herein.
(C) Item-Any
				  product of children's sleepwear, or any fabric or related material intended or
				  promoted for use in children's sleepwear.
(D) Trim-Decorative materials, such as
				  ribbons, laces, embroidery, or ornaments. This definition does not include:
(i) individual pieces less than two inches in
				  their longest dimension, provided that such pieces do not constitute or cover
				  in aggregate a total or more than 20 square inches of the item; or
(ii) functional materials (findings), such as
				  zippers, buttons or elastic bands, used in the construction of
				  garments.
(E) Acceptance
				  criterion-The maximum char length and residual flame time which an item may
				  exhibit in order to comply with this standard.
(F) Char length--The distance from the
				  original lower edge of the specimen exposed to the flame in accordance with the
				  procedure specified in 16
				  CFR 1615, §
												4 (Test Procedure) to the end of
				  the tear or void in the charred, burned, or damaged area, the tear being made
				  in accordance with the procedure specified in
				  16 CFR
				  1615, §
												4(d)(2) (Test
				  Procedure).
(G) Residual flame
				  time-The time from removal of the burner from the specimen to the final
				  extinction of molten material or other fragments flaming on the base of the
				  cabinet.
(H) Afterglow-The
				  continuation of glowing of parts of a specimen after flaming has
				  ceased.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 205 - PRODUCT SAFETY › Subchapter B - FLAMMABILITY RULES › Section 205.26 - Special Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a) Effective
				  date. It is hereby stipulated that the effective date of these regulations
				  shall be July 29, 1972.
(b)
				  Application of regulations. Necessary enforcement procedures, under these
				  sections, shall apply equally to manufacturers, importers, distributors, and
				  retailers, and responsibility for removal of proven hazardous flammable
				  substances from the channels of commerce shall be shared equally by all parties
				  concerned.
(c) Exceptions.
(1) Items subject to provisions of these
				  sections which are "in inventory' or "with the trade' on the effective date of
				  these sections shall be exempt. All concerned parties shall be required to
				  maintain records verifying that these items offered for sale, after the
				  effective date of these sections, are eligible for exemption.
(2) If the department, through a
				  determination of fact, finds that any such fabric, related material, or other
				  product is so highly flammable as to be dangerous when used by consumers for
				  the purpose for which it is intended, the department may under such conditions
				  as the commissioner may prescribe, withdraw, or limit the exemption for such
				  fabric, related material, or other product and declare such product a banned
				  hazardous substance pending outcome of a hearing on the merits of the
				  case.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 205 - PRODUCT SAFETY › Subchapter C - LABELING OF HAZARDOUS SUBSTANCES › Section 205.41 - Introduction

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The
				  purpose of these rules is to implement the requirements of the Texas Hazardous
				  Substances Act, Health and Safety Code, Chapter 501, covering the labeling of
				  hazardous substances.
(b) Scope.
				  These rules cover the types or classes of items which are hazardous substances
				  and the labeling requirements, restrictions, and exemptions.
(c) Federal requirements. These rules are
				  designed to conform to and be supplemental to the applicable provisions and
				  requirements of the Federal Hazardous Substances Act,
				  15
				  USC §1261, et seq.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 205 - PRODUCT SAFETY › Subchapter C - LABELING OF HAZARDOUS SUBSTANCES › Section 205.43 - Labeling Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Required
				  information on the label. A hazardous substance shall be considered a
				  misbranded hazardous substance unless the hazardous substance bears a label
				  which states conspicuously:
(1) the name and
				  place of business of the manufacturer, packer, distributor, or
				  seller;
(2) the common or usual
				  name or the chemical name (if there be no common or usual name) of the
				  hazardous substance or of each component which contributes substantially to its
				  hazard, unless the department by rule permits or requires the use of a
				  recognized generic name;
(3) the
				  signal word "Danger" on substances which are extremely flammable, corrosive, or
				  highly toxic;
(4) the signal word
				  "Warning" or "Caution" on all other hazardous substances;
(5) an affirmative statement of the principal
				  hazard or hazards, such as "Flammable," "Combustible," "Vapor Harmful," "Causes
				  Burns," "Absorbed Through Skin," or similar wording descriptive of the
				  hazard;
(6) precautionary measures
				  describing the action to be followed or avoided, except when modified by rule
				  of the department;
(7) instruction,
				  when necessary or appropriate, for first-aid treatment;
(8) the word "Poison" and the "Skull and
				  Crossbones" symbol for any hazardous substance which is defined as "highly
				  toxic" under these rules. The word "poison" is not a signal word and shall not
				  replace, but shall be in addition to, the signal word;
(9) instructions for handling and storage of
				  packages which require special care in handling or storage; and
(10) the statement, "Keep out of the reach of
				  children" or its practical equivalent, or, if the Article is intended for use
				  by children and is not a banned hazardous substance, adequate directions for
				  the protection of children from the hazard.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 205 - PRODUCT SAFETY › Subchapter C - LABELING OF HAZARDOUS SUBSTANCES › Section 205.44 - Registration Fee for Manufacturers of Hazardous Substances

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose and scope. The Texas Hazardous
				  Substances Act, Health and Safety Code, Chapter 501, requires manufacturers of
				  hazardous substances whose products are distributed in Texas to file a
				  registration statement with the department prior to doing business in the
				  state; establishes a registration fee; and requires the adoption of rules
				  covering the registration statement, the procedures for filing it, and
				  procedures for denying, suspending, or canceling the registration statement.
				  This section is intended to accomplish the statutory purpose.
(b) Definitions. The following words and
				  terms, when used in this section, shall have the following meanings, unless the
				  context clearly indicates otherwise. In addition, the definitions used in
				  §
										205.42 of
				  this title (relating to Definitions) apply to this section.
(1) Distribute.
(A) dissemination of a hazardous substance to
				  the general public under one's own brand (private label); or
(B) dissemination of a hazardous substance as
				  a wholly owned subsidiary of the business or establishment that manufactured,
				  imported, or packaged the product.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 205 - PRODUCT SAFETY › Subchapter D - INHALANT ABUSE › Section 205.51 - Purpose and Scope

Current through Reg. 49, No. 28; July 12, 2024
The purpose of these sections is to implement the
					 provisions of the Health and Safety Code, Chapter 485, concerning the retail
					 sale of abusable volatile chemicals. These sections cover definitions,
					 applications for issuance and renewal of permits to sell abusable volatile
					 chemicals, permit fees, and department procedures for approving, denying, and
					 renewing permits. These sections also cover the assessment of administrative
					 penalties.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 205 - PRODUCT SAFETY › Subchapter D - INHALANT ABUSE › Section 205.52 - 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) Abusable volatile
				  chemical--
(A) A chemical, including aerosol
				  paint that:
(i) is packaged in a container
				  subject to the labeling requirements concerning precautions against inhalation
				  established under the Federal Hazardous Substances Act (15 U.S.C.
				  §1261 et seq.), as amended, and
				  regulations adopted under that Act and is labeled with the statement of
				  principal hazard on the principal display panel "VAPOR HARMFUL" or other
				  labeling requirement subsequently established under that Act or by those
				  regulations;
(ii) when inhaled,
				  ingested, or otherwise introduced into a person's body, may:
(I) affect the person's central nervous
				  system;
(II) create or induce in
				  the person a condition of intoxication, hallucination, or elation; or
(III) change, distort, or disturb the
				  person's eyesight, thinking process, balance, or coordination; and
(iii) is not:
(I) a pesticide subject to Agriculture Code,
				  Chapter 76 or to the Federal Environmental Pesticide Control Act of 1972
				  (7
				  U.S.C. §136 et seq.), as
				  amended;
(II) a food, drug, or
				  cosmetic subject to Health and Safety Code, Chapter 431 or to the Federal Food,
				  Drug, and Cosmetic Act (21 U.S.C. §301
				  et seq.), as amended; or
(III) a
				  beverage subject to the Federal Alcohol Administration Act (27 U.S.C.
				  §201 et seq.), as amended; or
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 205 - PRODUCT SAFETY › Subchapter D - INHALANT ABUSE › Section 205.53 - Responsibility for Implementation of Program

Current through Reg. 49, No. 28; July 12, 2024
The department's responsibilities under the Act are carried
					 out through the Texas Department of Health or its successor, Product Safety
					 Division or its successor. Inquiries regarding this Act may be addressed to:
					 Texas Department of Health or its successor, Product Safety Division or its
					 successor, 1100 West 49th Street, Austin, Texas 78756.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 205 - PRODUCT SAFETY › Subchapter D - INHALANT ABUSE › Section 205.54 - Permit Requirements and Conditions

Current through Reg. 49, No. 28; July 12, 2024
(a) A person may not sell an abusable
				  volatile chemical at retail unless the person or the person's employer has, at
				  the time of the sale, a valid volatile chemical sales permit for the location
				  of the sale. A separate permit is required for each location at which an
				  abusable volatile chemical is sold.
(1) Prior
				  to January 1, 2005, the term of all permits is one year and expires on the
				  anniversary of the effective date, unless renewed. Effective January 1, 2005,
				  the term of all licenses is two years. Some licenses will be renewed for a
				  one-year term in 2005, in a manner to be determined by the department and two
				  years thereafter; and
(2) Texas
				  Online Fees. The department is authorized to collect subscription and
				  convenience fees, in amounts determined by the Texas Online Authority, to
				  recover costs associated with processing permit applications specified under
				  this subchapter through Texas Online, in accordance with the Texas Government
				  Code, Chapter 2054, §2054.111 (relating to Use of Texas Online
				  Project).
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 205 - PRODUCT SAFETY › Subchapter D - INHALANT ABUSE › Section 205.55 - Issuance and Renewal of Permit

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The department shall issue a permit to a person who meets the requirements of
				  this section, §
										205.54
				  of this title (relating to Permit Requirements and Conditions), §
										205.56 of this
				  title (relating to Permit Application), and §
										205.57 of
				  this title (relating to Permit Fee).
(b) The permit holder may renew the permit by
				  filing a renewal application accompanied by a renewal fee following the
				  requirements described in subsection (a) of this section.
(c) At least 45 days before a permit expires
				  the department, as a service to the permit holder, will send a renewal notice
				  to the last known address of the permit holder. It is the responsibility of the
				  permit holder to keep the department informed of their current mailing address
				  and to timely renew their permit whether or not they have received the
				  notification from the department.
(d) If a permit holder submits a completed
				  permit renewal application and fee to the department postmarked on or before
				  the permit expiration date, the existing permit does not expire until the
				  application has been finally determined by the department. If the application
				  is denied or the terms of the new permit are limited, the existing permit does
				  not expire until the last day for seeking review of the agency order or a later
				  date fixed by order of the reviewing court.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 205 - PRODUCT SAFETY › Subchapter D - INHALANT ABUSE › Section 205.56 - Permit Application

Current through Reg. 49, No. 28; July 12, 2024
(a) Application
				  for an initial or renewal permit must be made on an approved application form
				  which may be obtained from the Product Safety Division or its successor, Texas
				  Department of Health or its successor, 1100 West 49th Street, Austin, Texas
				  78756.
(b) A separate application
				  form must be completed and submitted for each specific business
				  location.
(c) The application form
				  shall be accurately completed and signed by the applicant or its authorized
				  representative and shall be accompanied by the appropriate permit fee to be
				  considered complete. The department shall notify the applicant of any
				  deficiencies in their application, and shall allow the applicant or permit
				  holder to provide the missing information or permit fee within 30 days of the
				  deficiency letter or the application will be denied under §
										205.58
				  of this title (relating to Permit Denial). All blanks on the application form
				  shall be completely filled in or the application may not be
				  processed.
(d) The department shall
				  issue or deny a permit for retail sale of abusable volatile chemicals within 60
				  days after the date on which the department receives the completed application
				  and appropriate fee.
(e) The
				  department may, after the filing of an application, require additional
				  information that the department considers necessary to determine whether the
				  permit should be issued.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 205 - PRODUCT SAFETY › Subchapter D - INHALANT ABUSE › Section 205.57 - Permit Fee

Current through Reg. 49, No. 28; July 12, 2024
(a) Each
				  application form submitted for a permit shall be accompanied by a fee of $55
				  for a two-year term.
(b) The fee
				  shall be paid by money order, certified check, or personal check and shall be
				  made payable to the Department of State Health Services. Payment in cash shall
				  not be accepted.
(c) A separate
				  application fee is required for each retail location.
(d) The department may prorate permit fees to
				  provide for a common expiration date on request from persons holding and/or
				  applying for more than one permit.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 205 - PRODUCT SAFETY › Subchapter D - INHALANT ABUSE › Section 205.58 - Permit Denial

Current through Reg. 49, No. 28; July 12, 2024
(a) An application
				  for an initial or renewal permit will be denied by the department if the
				  applicant fails to submit a completed application, pay the appropriate permit
				  fee, or provide requested information within 30 days after notification by the
				  department as required under §
										205.56 of this
				  title (relating to Permit Application) and §
										205.57 of
				  this title (relating to Permit Fee).
(b) If an application is denied, the
				  department shall notify the applicant or permit holder within 60 days of the
				  receipt of the completed application form and appropriate fee. The department
				  shall include in the notice the reasons for the denial. The application fee
				  will not be returned.
(c) A
				  proceeding to contest the denial of a volatile chemical sales permit under this
				  section is governed by the Administrative Procedure Act, Texas Government Code,
				  Chapter 2001, and the department's sections on formal hearings, §§
										1.21,
				  1.23,
				  1.25, and
				  1.27 of
				  this title (relating to Formal Hearing Procedures).
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 205 - PRODUCT SAFETY › Subchapter D - INHALANT ABUSE › Section 205.59 - Permit Available for Inspection

Current through Reg. 49, No. 28; July 12, 2024
A permit holder must have the volatile chemical sales
					 permit or a copy of the permit available for inspection by the public or the
					 department at each location where the permit holder sells an abusable volatile
					 chemical.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 205 - PRODUCT SAFETY › Subchapter D - INHALANT ABUSE › Section 205.60 - Requirement to Post Warning Sign

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  business establishment that sells abusable volatile chemicals at retail shall
				  display a volatile chemical warning sign, in English and Spanish, that states
				  the following: "It is unlawful for a person to sell or deliver abusable
				  volatile chemicals to a person under 18 years of age. Except in limited
				  situations, such an offense is a state jail felony. It is also unlawful for a
				  person to abuse a volatile chemical by inhaling, ingesting, applying, using, or
				  possessing with intent to inhale, ingest, apply, or use a volatile chemical in
				  a manner designed to affect the central nervous system. Such an offense is a
				  Class B misdemeanor."
(b) A current
				  version of the volatile chemical warning sign shall be clearly posted in a
				  conspicuous and prominent place at the location where the permit holder sells
				  abusable volatile chemicals. At a minimum, at least one warning sign must be
				  posted at the location for which the permit is issued. Permit holders may post
				  additional warning signs at multiple sites within this location to ensure that
				  the sign is easily visible to patrons of the establishment.
(c) The volatile chemical warning sign shall
				  measure at least 8-1/2 by 11 inches and must be typed, typeset, or mechanically
				  produced with lettering that is clearly legible. The letters shall not be
				  smaller than 12 characters per inch. The word "WARNING" shall be included in
				  bold capital letters at least 1/3 inch high and located above the wording
				  required in subsection (a) of this section.
(d) To assist permit holders in complying
				  with subsection (a) of this section, the department shall make warning signs
				  available for use and photocopying by permit holders. Warning signs may be
				  obtained free of charge from the Environmental and Sanitation Licensing Group,
				  Regulatory Licensing Unit, Health Care Quality Section, Division of Regulatory
				  Services, Department of State Health Services, 1100 West 49th Street, Austin,
				  Texas 78756.
(e) Permit holders may
				  add the following additional information to the warning sign as long as the
				  wording required by subsection (a) of this section is included: the name,
				  address, and telephone number of the business establishment's contact for
				  responding to questions from patrons.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 205 - PRODUCT SAFETY › Subchapter D - INHALANT ABUSE › Section 205.61 - Restriction of Access to Aerosol Paint

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  A business establishment that holds a volatile chemical sales permit under
				  §
										205.54
				  of this title (relating to Permit Requirements and Conditions) and that
				  displays aerosol paint shall display the paint:
(1) in a place that is in the line of sight
				  of a cashier or in the line of sight from a workstation normally continuously
				  occupied during business hours;
(2)
				  in a manner that makes the paint accessible to a patron of the business
				  establishment only with the assistance of an employee of the establishment;
				  or
(3) in an area electronically
				  protected, or viewed by surveillance equipment that is monitored, during
				  business hours.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 205 - PRODUCT SAFETY › Subchapter D - INHALANT ABUSE › Section 205.62 - Prohibited Acts

Current through Reg. 49, No. 28; July 12, 2024
(a) The department
				  may impose an administrative penalty on a person who sells abusable volatile
				  chemicals at retail and who commits a prohibited act under this section; no
				  finding of knowledge is required to impose an administrative penalty, except as
				  noted in subsection (e) of this section.
(b) A person commits a prohibited act under
				  this section if the person sells or delivers an abusable volatile chemical to a
				  person who is younger than 18 years of age.
(c) It is a defense to the violation listed
				  in subsection (b) of this section if:
(1) the
				  abusable volatile chemical that was delivered contains additive material that
				  effectively discourages intentional abuse by inhalation; or
(2) the person making the delivery is not the
				  manufacturer of the chemical and the manufacturer of the chemical failed to
				  label the chemical with the statement of principal hazard on the principal
				  display panel "VAPOR HARMFUL" or other labeling requirement subsequently
				  established under the Federal Hazardous Substances Act (15 U.S.C.
				  §1261 et seq.), as amended, or
				  regulations subsequently adopted under that Act.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 205 - PRODUCT SAFETY › Subchapter D - INHALANT ABUSE › Section 205.63 - Compliance Inspections

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  department shall monitor and enforce compliance with the Act and any rule or
				  order adopted by the commissioner or department to administer the
				  Act.
(b) Compliance inspections or
				  investigations may be conducted by a department representative during normal
				  operating hours to determine if a person is in violation of the Act or a rule
				  or order adopted by the commissioner or department to administer the
				  Act.
(c) A department
				  representative, upon presenting the department identification card, shall have
				  the right to enter all retail facilities during normal operating hours to
				  inspect and investigate for compliance with these sections, including to review
				  records, to question any person, or to locate or identify abusable volatile
				  chemicals held for retail sale.
(d)
				  A department representative is not required to notify in advance or seek
				  permission to conduct inspections or investigations. It is a violation of this
				  chapter for a person to interfere with, deny, or delay an inspection or
				  investigation conducted by a department representative.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 205 - PRODUCT SAFETY › Subchapter D - INHALANT ABUSE › Section 205.64 - Administrative Penalty

Current through Reg. 49, No. 28; July 12, 2024
(a) The department
				  may assess an administrative penalty against a person who sells an abusable
				  volatile chemical at retail who violates the Act or a rule or order adopted
				  under this Act.
(b) A penalty
				  collected under this subchapter shall be deposited in the state treasury in the
				  general revenue fund.
(c) The
				  amount of the penalty may not exceed $1,000 for each violation, and each day a
				  violation continues or occurs is a separate violation for purposes of imposing
				  a penalty. The total amount of the penalty assessed for a violation continuing
				  or occurring on separate days under this subsection may not exceed
				  $5,000.
(d) In determining the
				  amount of the administrative penalty, the department shall consider:
(1) the seriousness of the violation,
				  including the nature, circumstances, extent, and gravity of the
				  violation;
(2) the threat to health
				  or safety caused by the violation;
(3) the history of previous
				  violations;
(4) the amount
				  necessary to deter a future violation;
(5) whether the violator demonstrated good
				  faith, including when applicable whether the violator made good faith efforts
				  to correct the violation; and
(6)
				  any other matter that justice may require.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 205 - PRODUCT SAFETY › Subchapter D - INHALANT ABUSE › Section 205.65 - Notice of Violation

Current through Reg. 49, No. 28; July 12, 2024
(a) If the
				  department initially determines that a violation occurred, the department shall
				  give written notice of the report by certified mail to the person.
(b) The notice must include:
(1) a brief summary of the alleged
				  violation;
(2) a statement of the
				  amount of the proposed penalty; and
(3) a statement of the person's right to a
				  hearing on the occurrence of the violation, the amount of the penalty, or
				  both.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 205 - PRODUCT SAFETY › Subchapter D - INHALANT ABUSE › Section 205.66 - Administrative Hearing

Current through Reg. 49, No. 28; July 12, 2024
A proceeding to impose the penalty is considered to be a
					 contested case subject to the Administrative Procedure Act, Texas Government
					 Code Chapter 2001, the department's sections on formal hearings,
					 §§1.21, 1.23, 1.25 and 1.27, and the provisions of the Act found in
					 the Health and Safety Code, Chapter 485, Subchapter D.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 217 - MILK AND DAIRY › Subchapter A - GRADE SPECIFICATIONS AND REQUIREMENTS FOR MILK › Section 217.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 shall have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Abnormalities of
				  milk--The following types of lacteal secretions are not suitable for sale:
(A) abnormal milk that is visibly changed in
				  color, odor, or texture; or
(B)
				  undesirable milk expected to be unsuitable for consumption, such as milk
				  containing colostrum or blood; or
(C) contaminated milk unfit for human
				  consumption due to treatment of the animal with any products not labeled for
				  lactating dairy animals, antibiotics which have not met the withhold
				  requirements, or treatment with medicines or insecticides not approved for use
				  on dairy animals by the United States Food and Drug Administration (FDA) or the
				  Environmental Protection Agency.