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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 229FOOD AND DRUG
SUBCHAPTER DDREGULATION OF COSMETIC SALVAGE ESTABLISHMENTS AND BROKERS
RULE §229.634Exemptions and Applicability

(a) A person is exempt from licensing under these sections if the person is:

  (1) a manufacturer or distributor of a cosmetic who in the normal course of business engages in the activities of reconditioning the cosmetic manufactured or distributed by or for that person and not purchased by that person solely for the purpose of reconditioning and sale;

  (2) a person who is a common carrier or a common carrier's agent, who disposes of or otherwise transfers an undamaged or distressed cosmetic to a person who is exempt under this section or to a currently licensed salvage broker or salvage operator; or

  (3) a person who transfers a distressed cosmetic to a licensed salvage broker or salvage operator.

(b) An exemption from the licensing requirements under these sections does not constitute an exemption from other applicable provisions of the Texas Food, Drug, and Cosmetic Act, Health and Safety Code, Chapter 431, or the rules adopted to administer and enforce the Act.

(c) A salvage establishment or salvage broker who is engaging in conduct within the scope of the license issued under §229.635 of this title (relating to Licensing Requirements and Procedures) is not required to also be licensed under Health and Safety Code, Chapter 431. An exemption from the licensing requirements under Health and Safety Code, Chapter 431, does not constitute an exemption from other applicable provisions of Health and Safety Code, Chapter 431, or the rules adopted to administer and enforce the chapter.


Source Note: The provisions of this §229.634 adopted to be effective December 17, 2002, 27 TexReg 11751; amended to be effective January 1, 2005, 29 TexReg 11986

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