Texas Health and Safety Code 440.006 – Powers of Executive Commissioner
Terms Used In Texas Health and Safety Code 440.006
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
The executive commissioner may:
(1) adopt rules prescribing standards or related requirements for the operation of establishments for the manufacture of frozen desserts, imitation frozen desserts, products sold in semblance of frozen desserts, or mixes for those products, including standards or requirements for the:
(A) health, cleanliness, education, and training of personnel who are employed in the establishments;
(B) protection of raw materials, manufactured merchandise, and merchandise held for sale;
(C) design, construction, installation, and cleanliness of equipment and utensils;
(D) sanitary facilities and controls of the establishments;
(E) establishment construction and maintenance, including vehicles;
(F) production processes and controls; and
(G) institution and content of a system of records to be maintained by the establishment; and
(2) adopt rules prescribing procedures for the enforcement of the standards or related requirements prescribed under Subdivision (1), including procedures for the:
(A) requirement of a valid license to operate an establishment;
(B) issuance, suspension, revocation, and reinstatement of licenses;
(C) administrative hearings held under this chapter;
(D) institution of certain court proceedings by the department or its designee;
(E) inspection of establishments and securing of samples of frozen desserts, imitation frozen desserts, products sold in semblance of frozen desserts, or mixes for those products;
(F) access to the establishments and to the vehicles used in operations;
(G) compliance by manufacturers outside the jurisdiction of the state; and
(H) review of plans for future construction.