Sec. 436.026. VIOLATION; INJUNCTION. (a) The department or a health authority may petition the district court for a temporary restraining order to restrain a continuing violation or a threat of a continuing violation of Section 436.011 if the department or health authority believes that:
(1) a person has violated, is violating, or is threatening to violate a provision of Section 436.011; and
(2) the violation or threatened violation creates an immediate threat to the health and safety of the public.
(b) If the court finds that a person is violating or threatening to violate Section 436.011, the court shall grant injunctive relief.
(c) Venue for a suit brought under this section is in the county in which the violation or threat of violation is alleged to have occurred or in Travis County.
Amended by Acts 1993, 73rd Leg., ch. 336, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1094, eff. April 2, 2015.
Structure Texas Statutes
Title 6 - Food, Drugs, Alcohol, and Hazardous Substances
Subtitle A - Food and Drug Health Regulations
Section 436.023. Access to Records
Section 436.024. Access to Records Showing Movement in Commerce
Section 436.025. Emergency Order
Section 436.026. Violation; Injunction
Section 436.027. Civil Penalty
Section 436.028. Detained or Embargoed Article
Section 436.029. Removal Order for Detained or Embargoed Article
Section 436.030. Recall From Commerce
Section 436.032. Destruction of Molluscan Shellfish or Crabmeat
Section 436.033. Correction by Proper Labeling
Section 436.034. Administrative Penalty
Section 436.035. Administrative Penalty Assessment Procedure
Section 436.036. Payment of Administrative Penalty
Section 436.037. Refund of Administrative Penalty
Section 436.038. Criminal Penalty; Defenses