Title HS, Health and Safety Code

Sec. 431.116. AVERAGE MANUFACTURER PRICE. (a) In this section, "average manufacturer price" has the meaning assigned by 42 U.S.C. Section 1396r-8(k), as amended. (b) A person who manufactures a drug, including a person who manufactures a generic drug, that is sold in this state s…

Sec. 431.117. PRIORITY FOR HEALTH CARE PROVIDERS IN DISTRIBUTION OF INFLUENZA VACCINE. The executive commissioner shall study the wholesale distribution of influenza vaccine in this state to determine the feasibility of implementing a system that requires giving a priority in fil…

Sec. 431.118. LIABILITY OF MANUFACTURER FOR ADVERTISING CERTAIN VACCINES. (a) In this section, "advertise" means a media communication, including through television, radio, print, the Internet, digital or electronic media, product placement, promotion by an influencer in exchange…

Sec. 431.141. ADULTERATED COSMETIC. A cosmetic shall be deemed to be adulterated: (a) if it bears or contains any poisonous or deleterious substance which may render it injurious to users under the conditions of use prescribed in the labeling thereof, or under such conditions of …

Sec. 431.142. MISBRANDED COSMETIC. (1) A cosmetic shall be deemed to be misbranded: (a) if: (1) its labeling is false or misleading in any particular; and (2) its labeling or packaging fails to conform with the requirements of Section 431.181; (b) if in package form unless it bea…

Sec. 431.161. POISONOUS OR DELETERIOUS SUBSTANCES. (a) Any poisonous or deleterious substance, food additive, pesticide chemical in or on a raw agricultural commodity, or color additive shall, with respect to any particular use or intended use, be deemed unsafe for the purpose of…

Sec. 431.171. DESIGNATION OF CONSUMER COMMODITY AS ABUSABLE SYNTHETIC SUBSTANCE. (a) The commissioner may designate a consumer commodity as an abusable synthetic substance if the commissioner determines that the consumer commodity is likely an abusable synthetic substance and the…

Sec. 431.172. APPLICABILITY OF CHAPTER TO ABUSABLE SYNTHETIC SUBSTANCE. A commodity classified as an abusable synthetic substance by the commissioner under Section 431.171 is subject to: (1) the provisions of this chapter that apply to food and cosmetics, including provisions rel…

Sec. 431.181. FAIR PACKAGING AND LABELING. (a) All labels of consumer commodities, as defined by this chapter, shall conform with the requirements for the declaration of net quantity of contents of Section 4 of the Fair Packaging and Labeling Act (15 U.S.C. 1451 et seq.) and the …

Sec. 431.182. FALSE ADVERTISEMENT. (a) An advertisement of a food, drug, device, or cosmetic shall be deemed to be false if it is false or misleading in any particular. (b) The advertising of a food that incorporates a health claim not in conformance with or defined by Section 40…

Sec. 431.183. FALSE ADVERTISEMENT OF DRUG OR DEVICE. (a) An advertisement of a drug or device is false if the advertisement represents that the drug or device affects: (1) infectious and parasitic diseases; (2) neoplasms; (3) endocrine, nutritional, and metabolic diseases and imm…

Sec. 431.201. DEFINITIONS. In this subchapter: (1) "Nonprescription drug" means any drug that is not a prescription drug as defined by Section 431.401. (2) "Place of business" means each location at which a drug for wholesale distribution is located. (3) "Wholesale distribution" …

Sec. 431.2011. APPLICABILITY OF SUBCHAPTER. This subchapter applies only to the wholesale distribution of nonprescription drugs. Added by Acts 2005, 79th Leg., Ch. 282 (H.B. 164), Sec. 3(c), eff. March 1, 2006.

Sec. 431.202. LICENSE REQUIRED. (a) A person may not engage in wholesale distribution of nonprescription drugs in this state unless the person holds a wholesale drug distribution license issued by the department under this subchapter or Subchapter N. (b) An applicant for a licens…

Sec. 431.203. CONTENTS OF LICENSE STATEMENT. The license statement must contain: (1) the name under which the business is conducted; (2) the address of each place of business that is licensed; (3) the name and residence address of: (A) the proprietor, if the business is a proprie…

Sec. 431.2031. EFFECT OF OPERATION IN OTHER JURISDICTIONS; REPORTS. (a) A person who engages in the wholesale distribution of drugs outside this state may engage in the wholesale distribution of drugs in this state if the person holds a license issued by the department. (b) The d…

Sec. 431.204. FEES. (a) The department shall collect fees for: (1) a license that is filed or renewed; (2) a license that is amended, including a notification of a change in the location of a licensed place of business required under Section 431.206; and (3) an inspection perform…

Sec. 431.206. CHANGE OF LOCATION OF PLACE OF BUSINESS. (a) Not fewer than 30 days in advance of the change, the licensee shall notify the department in writing of the licensee's intent to change the location of a licensed place of business. (b) The notice shall include the addres…

Sec. 431.207. REFUSAL TO LICENSE; SUSPENSION OR REVOCATION OF LICENSE. (a) The department may refuse an application for a license or may suspend or revoke a license if the applicant or licensee: (1) has been convicted of a felony or misdemeanor that involves moral turpitude; (2) …

Sec. 431.208. REPORTING OF PURCHASE PRICE. (a) On the department's request, a person who engages in the wholesale distribution of drugs in this state shall file with the department information showing the actual price at which the wholesale distributor sells a particular drug to …

Sec. 431.221. DEFINITIONS. In this subchapter: (1) "Place of business" means: (A) each location where: (i) a person manufactures food; or (ii) food for wholesale is distributed; or (B) a warehouse where food is stored. (2) "Food manufacturer" means a person who combines, purifies…

Sec. 431.2211. APPLICATION OF SUBCHAPTER. (a) A person is not required to hold a license under this subchapter if the person is: (1) a person, firm, or corporation that only harvests, packages, or washes raw fruits or vegetables for shipment at the location of harvest; (2) an ind…

Sec. 431.222. LICENSE REQUIRED; LICENSING FEES. (a) Except as provided by Section 431.2211, a food manufacturer, food wholesaler, or warehouse operator in this state must apply for and obtain from the department every two years a license for each place of business that the food m…

Sec. 431.223. CONTENTS OF LICENSE APPLICATION. (a) The person applying for a license under this subchapter must provide, at a minimum, the following information in a license application: (1) the name under which the food manufacturer, wholesale distributor, or warehouse operator …

Sec. 431.224. FEES. (a) The department shall collect fees for: (1) a license that is filed or renewed; (2) a license that is amended, including a notification of a change in the location of a licensed place of business required under Section 431.2251; and (3) an inspection perfor…

Sec. 431.2245. PROCESSING OF LICENSING FEES. (a) The department shall establish a system for processing licensing fees under this chapter, including vended water facility licensing fees. (b) Under the fee processing system, the maximum time for processing a fee payment made by a …

Sec. 431.225. EXPIRATION DATE. (a) The executive commissioner by rule may provide that licenses expire on different dates. (b) If the license expiration date is changed, license fees shall be prorated so that each license holder pays only that portion of the license fee allocable…

Sec. 431.2251. CHANGE IN LOCATION OF PLACE OF BUSINESS. Not later than the 31st day before the date of the change, the license holder shall notify in writing the department of the license holder's intent to change the location of a licensed place of business. The notice shall inc…

Sec. 431.226. REFUSAL TO GRANT LICENSE; SUSPENSION OR REVOCATION OF LICENSE. (a) The department may refuse an application for a license or may suspend or revoke a license. (b) The executive commissioner by rule shall establish minimum standards for granting and maintaining a lice…

Sec. 431.227. FOOD SAFETY BEST PRACTICE EDUCATION PROGRAM. (a) The department shall approve food safety best practice education programs for places of business licensed under this chapter. (b) A place of business that completes a food safety best practice education program approv…

Sec. 431.241. RULEMAKING AUTHORITY. (a) The executive commissioner may adopt rules for the efficient enforcement of this chapter. (b) The executive commissioner may conform rules adopted under this chapter, if practicable, with regulations adopted under the federal Act. (c) The e…

Sec. 431.242. CONTESTED CASE HEARINGS AND APPEALS. A hearing under this chapter or an appeal from a final administrative decision shall be conducted under Chapter 2001, Government Code. Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch…

Sec. 431.244. FEDERAL REGULATIONS ADOPTED AS STATE RULES. (a) A regulation adopted by the secretary under the federal Act concerning pesticide chemicals, food additives, color additives, special dietary use, processed low acid food, acidified food, infant formula, bottled water, …

Sec. 431.245. DEFINITION OR STANDARD OF IDENTITY, QUALITY, OR FILL OF CONTAINER. (a) A definition or standard of identity, quality, or fill of container of the federal Act is a definition or standard of identity, quality, or fill of container in this chapter, except as modified b…

Sec. 431.246. REMOVAL OF ADULTERATED ITEM FROM STORES. The executive commissioner shall adopt rules that provide a system for removing adulterated items from the shelves of a grocery store or other retail establishment selling those items. Acts 1989, 71st Leg., ch. 678, Sec. 1, e…

Sec. 431.247. DELEGATION OF POWERS OR DUTIES. (a) Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 3.1639(75), eff. April 2, 2015. (b) A health authority may, unless otherwise restricted by law, delegate a power or duty imposed on the health authority by this chapter to an emp…

Sec. 431.248. MEMORANDUM OF UNDERSTANDING WITH DEPARTMENT OF AGRICULTURE. (a) The department and the Department of Agriculture shall execute a memorandum of understanding that: (1) requires each agency to disclose to the other agency any positive results of testing conducted by t…

Sec. 431.249. DISSEMINATION OF INFORMATION. (a) The department may publish reports summarizing the judgments, decrees, and court orders rendered under this chapter, including the nature and disposition of the charge. (b) The department may disseminate information regarding a food…

Sec. 431.250. PUBLIC COMMENTS FOR FEDERAL GRANTS AND CONTRACTS. (a) The department shall annually solicit comments from interested persons regarding the grants and contracts the department has requested from or entered into with the United States Food and Drug Administration for …

Sec. 431.271. DEFINITIONS. In this subchapter: (1) "Distributor" means a person who furthers the marketing of a finished domestic or imported device from the original place of manufacture to the person who makes final delivery or sale to the ultimate consumer or user. The term in…

Sec. 431.272. LICENSE REQUIRED; MINIMUM STANDARDS. (a) Except as provided by Section 431.273, a person may not operate as a distributor or manufacturer of devices in this state unless the person has a license from the department for each place of business. (b) A distributor or ma…

Sec. 431.273. EXEMPTION FROM LICENSING. (a) A person is exempt from licensing under this subchapter if the person engages only in the following types of device distribution: (1) intracompany sales; (2) distribution from a place of business located outside of this state; or (3) th…

Sec. 431.274. LICENSE APPLICATION. (a) A person applying for a license under this subchapter shall provide, at a minimum, the following information on a license application form furnished by the department: (1) the name under which the business is conducted; (2) the address of ea…

Sec. 431.276. FEES. (a) The department shall collect fees for: (1) a license that is filed or renewed; (2) a license that is amended, including notification of a change of location of a licensed place of business required under Section 431.278, a change of the name of an associat…

Sec. 431.278. CHANGE OF LOCATION OF PLACE OF BUSINESS. (a) Not fewer than 30 days in advance of the change, the licensee shall notify the department in writing of the licensee's intent to change the location of a licensed place of business. The notice shall include the address of…

Sec. 431.279. REFUSAL TO LICENSE; SUSPENSION OR REVOCATION OF LICENSE. (a) The department may refuse an application or may suspend or revoke a license if the applicant or licensee: (1) has been convicted of a felony or misdemeanor that involves moral turpitude; (2) is an associat…