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(a)Authorized employees of the department may, upon
presenting appropriate credentials to the owner, operator, or person
in charge:
(1)enter at reasonable times the premises, conduct
inspections, collect samples, and take photographs to determine compliance
with this chapter and Texas Health and Safety Code, Chapters 431 and
443;
(2)enter a vehicle being used to transport or hold
the consumable hemp product in commerce; or
(3)inspect at reasonable times, within reasonable
limits, and in a reasonable manner, the facility or vehicle and all
equipment, finished and unfinished materials, containers, and labeling
of any item and obtain samples necessary for the enforcement of this
chapter.
(b)The inspection of a facility where consumable hemp
products are manufactured, processed, distributed, packed, held or
sold, for introduction into commerce shall be for the purpose of determining
if the consumable hemp product is:
(1)adulterated or misbranded; or
(2)otherwise manufactured, processed, held, distributed
or sold in violation of this chapter or Texas Health and Safety Code,
Chapters 431 and 443.
(c)An inspection of a facility in which a prescription
drug or restricted device is being manufactured, processed, packed,
or held for introduction into commerce under subsection (b) of this
section shall not extend to:
(1)financial data;
(2)sales data other than shipment data;
(3)pricing data;
(4)personnel data other than data relating to the
qualifications of technical and professional personnel performing
functions under this chapter; or
(5)research data other than data:
(A)relating to new consumable hemp products; and
(B)subject to reporting and inspection under regulations
issued under §505(i) or (j), §519, or §520(g) of the
Federal Act.
(d)An inspection under subsection (b) of this section
shall be started and completed with reasonable promptness.
The agency certifies that legal counsel has reviewed
the proposal and found it to be within the state agency's legal authority
to adopt.
Filed with the Office
of the Secretary of State on April 23, 2020
TRD-202001565 Barbara Klein
General Counsel
Department of State Health Services
Earliest possible date of adoption: June 7, 2020
For further information, please call: (512) 231-5653
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