Texas Administrative Code
Title 25 - HEALTH SERVICES
Part 1 - DEPARTMENT OF STATE HEALTH SERVICES
Chapter 229 - FOOD AND DRUG
Subchapter CC - REGULATION OF DEVICE SALVAGE ESTABLISHMENTS AND BROKERS
Section 229.610 - General Provisions for Handling and Movement of Distressed Devices
Universal Citation: 25 TX Admin Code ยง 229.610
Current through Reg. 49, No. 38; September 20, 2024
(a) Notice to the department.
(1) When the source of distressed devices is
the result of a natural disaster, accident, power failure, or other emergency,
the salvage establishment or salvage broker shall make contact with the
department's Bureau of Food and Drug Safety within 24 hours after their initial
awareness of the emergency and prior to any removal of distressed devices from
the place at which it was located when it became distressed.
(2) If emergency removal of distressed
devices referenced in subsection (a)(1) is required, notice to the department
shall be made as soon thereafter as possible. It shall be the duty of the
salvage establishment or salvage broker to make contact with the department's
Bureau of Food and Drug Safety within 48 hours whenever distressed devices
subject to the provisions of this subsection are obtained.
(3) Distressed devices referenced in
subsection (a)(1) shall not be moved out of the State of Texas without the
prior approval of the department and the responsible state agency in the state
to receive the devices. Concurrence shall also be obtained from the U.S. Food
and Drug Administration prior to interstate movement.
(b) Protection of salvageable and salvaged devices.
(1) All salvageable and salvaged
devices stored by salvage establishments or salvage brokers shall be held at
appropriate temperatures and under appropriate conditions in accordance with
requirements, if any, in the labeling of such devices.
(2) All salvageable and salvaged devices,
while being stored or processed at a salvage establishment, salvage warehouse,
or during transportation, shall be protected from contamination.
(3) Poisonous and toxic materials shall be
identified and handled under such conditions as will not contaminate other
salvageable or salvaged devices, or constitute a hazard to personnel.
(c) Segregation of devices. All salvageable devices shall be promptly sorted and segregated from nonsalvageable devices to prevent further contamination of the distressed devices to be salvaged or offered for sale or distribution.
(d) Nonsalvageable devices.
(1) Containers, including metal and glass
containers with press caps, screw caps, pull rings, or other types of openings
which have been in contact with nonpotable water, liquid foam, or other
deleterious substances, as a result of fire fighting efforts, flood, sewer
backups, or similar mishaps, shall be deemed unfit for sale or distribution,
i.e., nonsalvageable devices as defined in §
229.603(23)
of this title (relating to Definitions).
(2) Nonsalvageable devices shall be disposed
of as in §
229.609(f)(4)
of this title (relating to Sanitary Facilities and Controls) or §
229.611(o)
of this title (relating to Reconditioning Distressed Devices); or by delivery
to a waste reclamation (recycling) facility for destruction.
(3) Distressed devices which are deemed to be
nonsalvageable by a duly authorized agent of the department shall, at the
request of the agent, be destroyed under the supervision of that agent at the
expense of the owner.
(e) Transporting of distressed devices.
(1) Distressed devices shall be moved from
the site of a fire, flood, sewer backup, wreck, or other cause as expeditiously
as possible after compliance with subsection (a) of this section, if
applicable, so as not to become hazardous to public health.
(2) All distressed devices of a temperature
sensitive nature shall, prior to reconditioning, be transported only in
vehicles capable of maintaining adequate temperatures, if necessary, for
product integrity.
(f) Handling of distressed articles other than devices. If distressed articles other than devices are also salvaged, they shall be handled separately so as to prevent contamination from poisonous and toxic materials or other contaminants.
(g) Cross-contamination protection. Sufficient precautions shall be taken to prevent cross-contamination among the various types of devices that are salvageable or salvaged.
Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
