Texas Health And Safety Code Title 6, Chapter 440 - Frozen Desserts Manufacturer Licensing Act

    SUBCHAPTER A GENERAL PROVISIONS

  • Texas Section 440.001 - Short Title
    This chapter may be cited as the Frozen Desserts Manufacturer Licensing Act. Added by Acts 1991, 72nd Leg., ch. 14, Sec. 167, eff. Sept. 1,
  • Texas Section 440.002 - Purpose
    The legislature finds that a statewide licensing act is needed to: (1) regulate manufacturers of frozen desserts, imitation frozen desserts, products sold in semblance of...
  • Texas Section 440.003 - Definitions
    In this Act: (1) "Adulterated or misbranded frozen desserts mix" means any frozen dessert or mix that contains an unwholesome substance or, if defined in...
  • Texas Section 440.004 - Exemptions
    This chapter does not apply to: (1) a person operating a frozen desserts retail establishment; or (2) a person operating a retail store unless the...
  • Texas Section 440.005 - Hearings
    A hearing conducted in the administration of this chapter is governed by Chapter 2001, Government Code. Added by Acts 1991, 72nd Leg., ch. 14, Sec....
  • Texas Section 440.006 - Powers Of Executive Commissioner
    The executive commissioner may: (1) adopt rules prescribing standards or related requirements for the operation of establishments for the manufacture of frozen desserts, imitation frozen...
  • SUBCHAPTER B LICENSING

  • Texas Section 440.007 - Applicability Of Other Law
    Except as provided by Section 431.009(c), Chapter 431 applies to a person or product regulated under this chapter, including a frozen dessert manufacturer, a frozen...
  • Texas Section 440.011 - Prohibited Act
    (a) A person may not operate an establishment for the manufacture of a frozen dessert, imitation frozen dessert, product sold in semblance of a frozen...
  • Texas Section 440.012 - License
    (a) A person desiring to operate an establishment for the manufacture of a frozen dessert, imitation frozen dessert, product sold in semblance of a frozen...
  • Texas Section 440.013 - Fees
    (a) A nonrefundable fee for each establishment in an amount set by the executive commissioner by rule as prescribed by Section 12.0111 must accompany each...
  • Texas Section 440.014 - Recordkeeping
    The executive commissioner shall adopt rules establishing minimum standards for recordkeeping by persons required to pay fees under this chapter and the records shall be...
  • Texas Section 440.015 - Establishments Outside State
    A frozen dessert, imitation frozen dessert, product sold in semblance of a frozen dessert, or a mix for one of those products from a manufacturer...
  • Texas Section 440.016 - Temporary Permit
    The department may issue a temporary permit to continue the operation of an establishment for the manufacture of a frozen dessert, imitation frozen dessert, product...
  • SUBCHAPTER C ENFORCEMENT

  • Texas Section 440.017 - Refusal To Grant License; Suspension Or Revocation Of License
    In accordance with rules adopted under Section 440.006, the department may refuse an application for a license under this chapter or may suspend or revoke...
  • Texas Section 440.031 - Inspection By Department
    (a) Under rules adopted by the executive commissioner, the department's authorized representatives have free access at all reasonable hours to any establishment for the manufacture...
  • Texas Section 440.032 - Penalties
    (a) A person commits an offense if the person knowingly or intentionally violates Section 440.011 or a rule adopted under this chapter. (b) An offense...

Last modified: September 28, 2016