Current through Reg. 49, No. 38; September 20, 2024
(a) Notice to the department.
(1) When the source of distressed cosmetics
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 within 24 hours after their initial awareness of the emergency
and prior to any removal of distressed cosmetics from the place at which it was
located when it became distressed.
(2) If emergency removal of distressed
cosmetics referenced in subsection (a)(1) of this section 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 within 48 hours whenever distressed cosmetics subject to the
provisions subsection (a)(1) of this section are obtained.
(3) Distressed cosmetics referenced in this
subsection shall not be moved out of the State of Texas without prior approval
of the department and the responsible state agency in the state to receive the
cosmetics. Concurrence shall also be obtained from the U.S. Food and Drug
Administration prior to interstate movement.
(b) Protection of salvageable and salvaged
cosmetics.
(1) All salvageable and salvaged
cosmetics 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 cosmetics.
(2) All salvageable and salvaged cosmetics,
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 cosmetics, or constitute a hazard to
personnel.
(c)
Segregation of cosmetics. All salvageable cosmetics shall be promptly sorted
and segregated from nonsalvageable cosmetics to prevent further contamination
of the distressed cosmetics to be salvaged or offered for sale or
distribution.
(d) Nonsalvageable
cosmetics.
(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 cosmetics as defined in §
229.633(18)
of this title (relating to Definitions).
(2) Nonsalvageable cosmetics shall be
disposed of as in §
229.639(f)(4)
of this title (relating to Sanitary Facilities and Controls) or §
229.641(b)
of this title (relating to Handling Distressed Cosmetics); or by delivery to a
waste reclamation (recycling) facility for destruction.
(3) Distressed cosmetics 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 cosmetics.
(1) Distressed cosmetics 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 cosmetics of a temperature
sensitive nature shall be transported only in vehicles capable of maintaining
adequate temperatures, if necessary, for product integrity prior to
reconditioning.
(f)
Handling of distressed articles other than cosmetics. If distressed articles
other than cosmetics 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 cosmetics that are
salvageable or salvaged
(h)
Reconditioned cosmetics. All reconditioned cosmetics must be in compliance with
the Texas Food, Drug, and Cosmetic Act, Health and Safety Code, Chapter
431.
(i) Labeling. All salvaged
cosmetics must be labeled in accordance with the requirements of the Texas
Food, Drug, and Cosmetic Act, Health and Safety Code, Chapter 431; the Federal
Food, Drug, and Cosmetic Act,
21
U.S.C., §301 et seq. as amended; the
Fair Packaging and Labeling Act,
15 U.S.C.,
§1451 et seq. as amended; and the
federal regulations promulgated under those Acts.
(j) Salvage warehouses. A person may not use
a salvage warehouse to recondition cosmetics or sell to consumers.
