PART 1. DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 229. FOOD AND DRUG
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), adopts amendments to §§229.40, 229.41, 229.241 - 229.252, and 229.419 - 229.430. The amendments to §§229.40, 229.41, 229.241 - 229.252, and 229.419 - 229.430 are adopted without changes to the proposed text as published in the June 14, 2024, issue of the Texas Register (49 TexReg 4177), and therefore will not be republished.
BACKGROUND AND JUSTIFICATION
The amendments to Texas Administrative Code, Title 25, Chapter 229, Subchapters D, O, and W reflect current federal law, statute, and rule references since the rules were last adopted. The amendments revise and add definitions to clarify intent and improve compliance, update agency addresses and websites, and include clarifying language to ensure consistency in interpretation of the rules.
COMMENTS
The 31-day comment period ended July 15, 2024. During this period, DSHS did not receive any comments regarding the proposed rules.
SUBCHAPTER D. REGULATION OF COSMETICS
STATUTORY AUTHORITY
The amendments are adopted under Texas Health and Safety Code §431.241 and §431.244, which provide the Executive Commissioner of HHSC with authority to adopt rules enforcing the Texas Food, Drug, and Cosmetic Act, and adopt specific rules under the Code of Federal Regulations, Title 21, as a rule under this chapter; and Texas Government Code §531.0055, and Texas Health and Safety Code §1001.075, which authorize the Executive Commissioner of HHSC to adopt rules and policies necessary for the operation and provision of health and human services by DSHS and for the administration of Texas Health and Safety Code Chapter 1001, including Chapter 431, the Texas Food, Drug, and Cosmetic Act.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on August 29, 2024.
TRD-202404055
Cynthia Hernandez
General Counsel
Department of State Health Services
Effective date: September 18, 2024
Proposal publication date: June 14, 2024
For further information, please call: (512) 864-6755
STATUTORY AUTHORITY
The amendments are adopted under Texas Health and Safety Code §431.241 and §431.244, which provide the Executive Commissioner of HHSC with authority to adopt rules enforcing the Texas Food, Drug, and Cosmetic Act, and adopt specific rules under the Code of Federal Regulations, Title 21, as a rule under this chapter; and Texas Government Code §531.0055, and Texas Health and Safety Code §1001.075, which authorize the Executive Commissioner of HHSC to adopt rules and policies necessary for the operation and provision of health and human services by DSHS and for the administration of Texas Health and Safety Code Chapter 1001, including Chapter 431, the Texas Food, Drug, and Cosmetic Act.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on August 29, 2024.
TRD-202404056
Cynthia Hernandez
General Counsel
Department of State Health Services
Effective date: September 18, 2024
Proposal publication date: June 14, 2024
For further information, please call: (512) 864-6755
STATUTORY AUTHORITY
The amendments are adopted under Texas Health and Safety Code §431.241 and §431.244, which provide the Executive Commissioner of HHSC with authority to adopt rules enforcing the Texas Food, Drug, and Cosmetic Act, and adopt specific rules under the Code of Federal Regulations, Title 21, as a rule under this chapter; and Texas Government Code §531.0055, and Texas Health and Safety Code §1001.075, which authorize the Executive Commissioner of HHSC to adopt rules and policies necessary for the operation and provision of health and human services by DSHS and for the administration of Texas Health and Safety Code Chapter 1001, including Chapter 431, the Texas Food, Drug, and Cosmetic Act.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on August 29, 2024.
TRD-202404057
Cynthia Hernandez
General Counsel
Department of State Health Services
Effective date: September 18, 2024
Proposal publication date: June 14, 2024
For further information, please call: (512) 864-6755