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 229.613 - Inspection

Universal Citation: 25 TX Admin Code ยง 229.613

Current through Reg. 49, No. 38; September 20, 2024

(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 devices;

(3) enter a vehicle being used to transport or hold distressed or salvaged devices; 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 required 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 § 229.605 of this title (relating to Licensing Requirements and Procedures) or a person, including a common carrier or the common carrier's agent, who disposes of or otherwise transfers distressed or salvaged devices 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 device;

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

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

(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.

(e) Detained or embargoed device. In accordance with Subchapter C, Chapter 431, the commissioner or an authorized agent may detain or embargo a distressed device that is in the possession of a person operating as a salvage establishment or acting as a salvage broker. The commissioner or authorized agent may not detain a distressed device in the possession of a person licensed under § 229.605 of this title and that is being held for the purpose of reconditioning unless the commissioner or authorized agent finds or has probable cause to believe that the device cannot be adequately reconditioned in accordance with the chapter and these sections.

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.
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