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RULE §229.640General Provisions for Handling and Movement of Distressed Cosmetics

(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.

Source Note: The provisions of this §229.640 adopted to be effective December 17, 2002, 27 TexReg 11751; amended to be effective January 1, 2005, 29 TexReg 11986

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