Sec. 431.053. CONDEMNATION OF PERISHABLE ARTICLES. (a) The department shall immediately condemn or render by any means unsalable as human food an article that is a nuisance under Subsection (b) and that the department finds in any room, building, or other structure or in a vehicle.
(b) Any meat, seafood, poultry, vegetable, fruit, or other perishable article is a nuisance if it:
(1) is unsound;
(2) contains a filthy, decomposed, or putrid substance; or
(3) may be poisonous or deleterious to health or otherwise unsafe.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0954, eff. April 2, 2015.
Structure Texas Statutes
Title 6 - Food, Drugs, Alcohol, and Hazardous Substances
Subtitle A - Food and Drug Health Regulations
Chapter 431 - Texas Food, Drug, and Cosmetic Act
Section 431.043. Access to Records
Section 431.044. Access to Records Showing Movement in Commerce
Section 431.045. Emergency Order
Section 431.046. Violation of Rules
Section 431.047. Violation; Injunction
Section 431.048. Detained or Embargoed Article
Section 431.049. Removal Order for Detained or Embargoed Article
Section 431.0495. Recall Orders
Section 431.051. Destruction of Article
Section 431.052. Correction by Proper Labeling or Processing
Section 431.053. Condemnation of Perishable Articles
Section 431.054. Administrative Penalty
Section 431.055. Administrative Penalty Assessment Procedure
Section 431.056. Payment of Administrative Penalty
Section 431.057. Refund of Administrative Penalty
Section 431.058. Recovery of Administrative Penalty by Attorney General
Section 431.0585. Civil Penalty
Section 431.059. Criminal Penalty; Defenses