<<Prev Rule

Texas Administrative Code

Next Rule>>
TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 229FOOD AND DRUG
SUBCHAPTER DDREGULATION OF COSMETIC SALVAGE ESTABLISHMENTS AND BROKERS
RULE §229.643Inspection

(a) Inspection. To enforce these sections or the Act, the commissioner or an authorized agent may, on presenting appropriate credentials to the owner, operator, or agent in charge of a place of business:

  (1) enter at reasonable times the place of business of a salvage establishment or salvage broker;

  (2) enter a salvage warehouse used to store or hold distressed or salvaged cosmetics;

  (3) enter a vehicle being used to transport or hold distressed or salvaged cosmetics; or

  (4) inspect at reasonable times, any place of business of a salvage establishment or salvage broker, salvage warehouse, or vehicle and all equipment, finished and unfinished materials, containers, and labeling of any item and obtain samples necessary for the enforcement of these sections or the Act.

(b) Access to records. A person who is required to maintain records referenced in these sections or under the Act or a person who is in charge or custody of those records shall, at the request of the commissioner or an authorized agent, permit the commissioner or authorized agent at all reasonable times access to review, copy, and verify the records.

(c) Access to records showing movement in commerce. A person who is subject to licensing under §229.635 of this title (relating to Licensing Requirements and Procedures) or a person, including a common carrier or a common carrier's agent, who disposes of or otherwise transfers distressed or salvaged cosmetics shall, at the request of the commissioner or an authorized agent, permit the commissioner or authorized agent at all reasonable times access to review, copy, and verify all records showing:

  (1) the movement in commerce of any distressed or salvaged cosmetic;

  (2) the holding of any distressed or salvaged cosmetic after movement in commerce; and

  (3) the quantity, shipper, and consignee of any distressed or salvaged cosmetics.

(d) Receipt for samples. The commissioner or an authorized agent who makes an inspection of a place of business, including any vehicle or salvage warehouse, and obtains a sample during or on completion of the inspection and before leaving the place of business, shall give to the owner, operator, or the owner's or operator's agent a receipt describing the sample.


Source Note: The provisions of this §229.643 adopted to be effective December 17, 2002, 27 TexReg 11751; amended to be effective January 1, 2005, 29 TexReg 11986

Next Page Previous Page



Home TxReg TAC OM NewTac Public Footer Bar