Texas Health And Safety Code Title 6, Chapter 432 - Food, Drug, Device, And Cosmetic Salvage Act
- Texas Section 432.001 - Short Title
This chapter may be cited as the Texas Food, Drug, Device, and Cosmetic Salvage Act. Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept....
- Texas Section 432.002 - Purpose
The purpose of this chapter is to protect the health of the people of this state by preventing the sale or distribution of adulterated or...
- Texas Section 432.003 - Definitions
In this chapter: (1) Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 3.1639(76), eff. April 2, 2015. (2) Repealed by Acts 2015, 84th...
- Texas Section 432.004 - Exemptions
(a) This chapter does not apply to: (1) a manufacturer, distributor, or processor of a food, drug, device, or cosmetic who, in the normal course...
- Texas Section 432.005 - License Required
(a) A person may not operate a salvage establishment in this state without a salvage operator license issued by the department. (b) A person may...
- Texas Section 432.006 - License Application
An applicant for a salvage broker license or salvage operator license must: (1) file a license application on a form prescribed by the department; (2)...
- Texas Section 432.007 - Issuance Of License
(a) The department shall issue a license to an applicant who complies with Section 432.006 and who meets the minimum qualifications established by department rule....
- Texas Section 432.008 - License Renewal
(a) A license holder under this chapter may renew the license by filing with the department, before the expiration date of the current license, a...
- Texas Section 432.009 - Fees
(a) The executive commissioner by rule shall adopt, and the department shall collect, fees for each license application or renewal application submitted under this chapter...
- Texas Section 432.0095 - Processing Of Food Salvage Establishment Licensing Fees
(a) The commissioner shall establish a system for processing food salvage establishment licensing fees. (b) Under the fee processing system, the maximum time for processing...
- Texas Section 432.010 - Deposit Of Fees
A fee collected by the department under this chapter shall be deposited in the state treasury to the credit of the general revenue fund. Acts...
- Texas Section 432.011 - Minimum Standards
(a) The executive commissioner shall adopt rules prescribing minimum standards or related requirements for: (1) the operation of salvage establishments and salvage warehouses; and (2)...
- Texas Section 432.012 - Powers Of Department
The department may: (1) enter into contracts or agreements necessary to implement this chapter; (2) conduct inspections and secure samples; (3) establish and maintain educational...
- Texas Section 432.013 - Denial, Suspension, Or Revocation Of License
(a) The department may deny, suspend, or revoke the license of an applicant or license holder who fails to comply with this chapter or the...
- Texas Section 432.014 - Reinstatement Of License
(a) Not later than the 30th day after the date of the denial or emergency suspension, a person whose license application has been denied or...
- Texas Section 432.015 - Effect Of Operation In Other Jurisdiction; Reports
(a) A person who operates a salvage establishment or acts as a salvage broker outside this state may sell, distribute, or otherwise traffic in distressed...
- Texas Section 432.016 - Municipal Regulation
A municipality by ordinance may regulate salvage operators, salvage brokers, and salvage establishments. An ordinance may be stricter than the minimum standards established under this...
- Texas Section 432.017 - Use Of Salvage Warehouse
A person may not use a salvage warehouse to recondition merchandise or to sell to consumers. Acts 1989, 71st Leg., ch. 678, Sec. 1, eff....
- Texas Section 432.018 - Civil Penalty; Injunction
(a) If it appears that a person has violated, is violating, or is threatening to violate this chapter or a rule adopted or order issued...
- Texas Section 432.019 - Criminal Penalty
(a) A person commits an offense if the person: (1) operates a salvage establishment or acts as a salvage broker without a license issued under...
- Texas Section 432.020 - Emergency Order
(a) The commissioner or the commissioner's designee may issue an emergency order, either mandatory or prohibitory, concerning the sale or distribution of distressed foods, drugs,...
- Texas Section 432.021 - Administrative Penalty
(a) The department may assess an administrative penalty against a person who violates a rule adopted under Section 432.011 or an order adopted or license...
- Texas Section 432.022 - Administrative Penalty Assessment Procedure
(a) An administrative penalty may be assessed only after a person charged with a violation is given an opportunity for a hearing. (b) If a...
- Texas Section 432.023 - Payment Of Administrative Penalty
(a) Not later than the 30th day after the date of issuance of an order finding that a violation has occurred, the department shall inform...
- Texas Section 432.024 - Refund Of Administrative Penalty
On the date the court's judgment that an administrative penalty against a person should be reduced or not assessed becomes final, the court shall order...
- Texas Section 432.025 - Recovery Of Administrative Penalty By Attorney General
The attorney general, at the request of the commissioner, may bring a civil action to recover an administrative penalty under this chapter. Added by Acts...
- Texas Section 432.026 - Detained Or Embargoed Article
In accordance with Subchapter C, Chapter 431, the department may detain or embargo an article, including an article that is distressed merchandise, that is in...
Last modified: September 28, 2016