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(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 cosmetics; (3)enter a vehicle being used to transport or hold distressed or salvaged cosmetics; 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 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 §229.635 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 cosmetics 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 cosmetic; (2)the holding of any distressed or salvaged cosmetic after movement in commerce; and (3)the quantity, shipper, and consignee of any distressed or salvaged cosmetics. (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.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the
agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on July 26, 2002
TRD-200204692 Susan Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: September 8, 2002
For further information, please call: (512) 458-7236
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