Tex. Health & Safety Code § 431.084 · Subchapter D. FOOD
EMERGENCY PERMITS FOR FOODS CONTAMINATED WITH MICROORGANISMS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) The department shall provide for the issuance of temporary permits to a manufacturer, processor, or packer of a class of food in any locality that provides conditions for the manufacture, processing, or packing for the class of food as necessary to protect the public health only if the department finds after investigation that:
(1) the distribution in this state of a class of food may, because the food is contaminated with microorganisms during the manufacture, processing, or packing of the food in any locality, be injurious to health; and
(2) the injurious nature of the food cannot be adequately determined after the food has entered commerce.
(b) The executive commissioner by rule shall establish standards and procedures for the enforcement of this section.
(c) During the period for which permits are issued for a class of food determined by the department to be injurious under Subsection (a), a person may not introduce or deliver for introduction into commerce the food unless the person is a manufacturer, processor, or packer who has a permit issued by the department as authorized by rules adopted under this section.
(d) The department may immediately suspend a permit issued under this section if a condition of the permit is violated. An immediate suspension is effective on notice to the permit holder.
(e) A holder of a permit that has been suspended may at any time apply for the reinstatement of the permit. Immediately after a hearing and an inspection of the permit holder's establishment, the department shall reinstate the permit if adequate measures have been taken to comply with and maintain the conditions of the permit as originally issued or as amended.
(f) A permit holder shall provide access to the permit holder's factory or establishment to the department to allow the department to determine whether the permit holder complies with the conditions of the permit. Denial of access is grounds for suspension of the permit until the permit holder freely provides the access.
Notes and commentary — not statutory text
History
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0967, eff. April 2, 2015.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/HS/htm/HS.431.htm
- Text hash
- sha256 0c788f68d3269476fcef20d08d28e3640854fa976283c723bb4b3af7ff2bafa9
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Cited by 4 provisions
Provisions in this library whose text cites Tex. Health & Safety Code § 431.084. Each shows the citation as that text prints it.
Health and Safety Code
- Tex. Health & Safety Code § 431.021PROHIBITED ACTS.Printed as Section 431.084, 431.114, or 431.115
- Tex. Health & Safety Code § 431.048DETAINED OR EMBARGOED ARTICLE.Printed as Section 431.084, 431.114, or 431.115
- Tex. Health & Safety Code § 431.050CONDEMNATION.Printed as Section 431.084, 431.114, or 431.115
- Tex. Health & Safety Code § 431.059CRIMINAL PENALTY; DEFENSES.Printed as Section 431.084 or 431.114
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.