Sec. 436.029. REMOVAL ORDER FOR DETAINED OR EMBARGOED ARTICLE. (a) The department may order the claimant or the claimant's agent to move a detained or embargoed article to a secure place to prevent the unauthorized disposal or removal of the article.
(b) If the claimant fails to carry out the order, the department may move the article.
(c) If the department moves the article, the department shall assess the cost of removal against the claimant.
(d) The department may request the attorney general to bring an action in the district court in Travis County to recover the costs of removal. In a judgment in favor of the state, the court may award costs, attorney fees, and interest from the date the expense was incurred until the date the department is reimbursed.
Added 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. 3.1097, 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