Current through Reg. 49, No. 38; September 20, 2024
(a) Purpose and scope. The Texas Hazardous
Substances Act, Health and Safety Code, Chapter 501, requires manufacturers of
hazardous substances whose products are distributed in Texas to file a
registration statement with the department prior to doing business in the
state; establishes a registration fee; and requires the adoption of rules
covering the registration statement, the procedures for filing it, and
procedures for denying, suspending, or canceling the registration statement.
This section is intended to accomplish the statutory purpose.
(b) Definitions. The following words and
terms, when used in this section, shall have the following meanings, unless the
context clearly indicates otherwise. In addition, the definitions used in
§
205.42 of
this title (relating to Definitions) apply to this section.
(1) Distribute.
(A) dissemination of a hazardous substance to
the general public under one's own brand (private label); or
(B) dissemination of a hazardous substance as
a wholly owned subsidiary of the business or establishment that manufactured,
imported, or packaged the product.
(2) Hazardous substance.
(A) The term "hazardous substance" applies to
the following:
(i) any substance or mixture of
substances which is toxic, corrosive, extremely flammable, flammable,
combustible, an irritant, or a strong sensitizer, or that generates pressure
through decomposition, heat, or other means, if the substance or mixture of
substances may cause substantial personal injury or substantial illness during
or as a proximate result of any customary or reasonable foreseeable handling or
use, including reasonably foreseeable ingestion by children;
(ii) any toy or other article other than
clothing intended for use by children which presents an electrical, mechanical,
or thermal hazard; or
(iii) any
radioactive substance if, with respect to the substance as used in a particular
class of article or as packaged, the department finds by rule that the
substance is sufficiently hazardous to require labeling in accordance with the
provisions of Health and Safety Code, Chapter 501, in order to protect the
public health.
(B) The
term "hazardous substance" does not apply to economic pesticides subject to the
State or Federal Insecticide, Fungicide, and Rodenticide Act, or to foods,
drugs, and cosmetics subject to the Federal Food, Drug and Cosmetic Act, or to
beverages complying with or subject to the Federal Alcohol Administration Act
or the Texas Food, Drug and Cosmetic Act, or to substances intended for use as
fuels when stored in containers and used in the heating, cooking, or
refrigeration system of a private residence, or to any source material, special
nuclear material, or by-product material as defined in the Federal Atomic
Energy Act of 1954, as amended, and regulations issued pursuant thereto by the
Atomic Energy Commission.
(3) Manufacturer--Any person who
manufactures, imports, repacks, or distributes a hazardous substance. The term
does not include a retailer who distributes a hazardous substance to the
general public, except that a retailer who distributes a hazardous substance
made to its specifications is considered to be a manufacturer.
(4) Retailer--The parent corporation,
proprietorship, or partnership operating a chain of stores; or if there is only
one location, the term shall refer to that location.
(c) Basic requirement. A manufacturer whose
products are distributed in the State of Texas or who distributes a hazardous
substance in this state under the person's private brand name shall have on
file with the department a registration statement accompanied by a registration
fee in accordance with this section.
(d) Term of registration statement. Prior to
January 1, 2005, the term of a registration statement is one year and expires
on the anniversary of the effective date, unless renewed. Effective January 1,
2005, the term of all licenses is two years. Some licenses will be renewed for
a one-year term in 2005, in a manner to be determined by the department and two
years thereafter.
(e) Registration
statement.
(1) A manufacturer's registration
statement shall be signed and verified, shall be made on a registration form
furnished by the department, and shall contain the following information:
(A) the name under which the manufacturing,
importing, repacking, or distributing is conducted;
(B) the address of each place of business or
establishment being registered shall be contained on the registration
statement;
(C) if the business is a
sole proprietorship, the name of the proprietor shall be included;
(D) if the business is a partnership, the
names of the partners shall be included;
(E) if the business is a corporation, the
names of the officers and directors shall be included;
(F) if the business is of any other kind than
the ones described in subparagraphs (C) - (E) of this paragraph, the names of
those persons in a managerial position shall be included.
(2) Registration forms may be obtained from
the Environmental and Sanitation Licensing Group, Regulatory Licensing Unit,
Health Care Quality Section, Division for Regulatory Services, Department of
State Health Services, 1100 West 49th Street, Austin, Texas 78756.
(f) Registration fees.
(1) Each initial registration statement and
each refiling of the registration shall be accompanied by a registration fee of
$630 for a two-year term.
(2) The
fee shall be paid by money order, certified check, or personal check and shall
be made payable to the Department of State Health Services. Cash payment is not
acceptable.
(g) Texas
Online Fees. The department is authorized to collect subscription and
convenience fees, in amounts determined by the Texas Online Authority, to
recover costs associated with processing registration statements specified
under this section through Texas Online, in accordance with the Texas
Government Code, Chapter 2054, §2054.111 (relating to Use of Texas Online
Project).
(h) Special provisions.
Manufacturers of hazardous substances, whose products are distributed for sale
in Texas and whose products might normally be banned, but who meet specific
exemption criteria enabling their products to be sold in Texas shall file
registration statements accompanied by a registration fee in accordance with
this section. Some examples are:
(1) toy
electric trains with special labeling, exempting the products from the ban on
toys presenting an electrical hazard; and
(2) toy caps which are exempt from the
classification as a banned hazardous substance by special labeling and peak
sound pressure levels.
(i) Refusal to accept, cancel, revoke, or
suspend a registration statement.
(1) After
notice and opportunity for a hearing, the department may refuse to accept or
may cancel, revoke, or suspend a manufacturer's registration if the
manufacturer fails to make payment of the fee required in this
section.
(2) The hearing described
in paragraph (1) of this subsection shall be conducted in accordance with the
Administrative Procedure Act, Texas Government Code, Chapter 2001 and the
department's sections on formal hearings, §§
1.21,
1.23,
1.25 and
1.27 of
this title (relating to Formal Hearing Procedures).
