| (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. |
