Tex.
Health & Safety Code Section 501.037
Recall Orders
(a)
In conjunction with the detention of an article under Section 501.033 (Seizure and Disposition of Banned or Misbranded Hazardous Substance), the commissioner may order that a hazardous substance be recalled from commerce.(b)
The commissioner’s recall order may require the articles to be removed to one or more secure areas approved by the commissioner or an authorized agent of the commissioner.(c)
The recall order must be in writing and signed by the commissioner.(d)
The recall order may be issued before or in conjunction with the affixing of the tag or other appropriate marking as provided by Section 501.033 (Seizure and Disposition of Banned or Misbranded Hazardous Substance).(e)
The recall order is effective until the order:(1)
expires on its own terms;(2)
is withdrawn by the commissioner; or(3)
is reversed by a court in an order denying destruction under Section 501.033 (Seizure and Disposition of Banned or Misbranded Hazardous Substance).(f)
The claimant of the articles or the claimant’s agent shall pay the costs of the removal and storage of the articles removed.(g)
If the claimant or the claimant’s agent does not implement the recall order in a timely manner, the commissioner may provide for the recall of the articles. The costs of the recall shall be assessed against the claimant of the articles or the claimant’s agent.(h)
The commissioner may request the attorney general to bring an action in a district court of Travis County to recover costs of the recall. In a judgment in favor of the state, the court may award costs, attorney’s fees, and court costs related to the recall together with interest on those costs from the time an expense was incurred through the date the department is reimbursed.
Source:
Section 501.037 — Recall Orders, https://statutes.capitol.texas.gov/Docs/HS/htm/HS.501.htm#501.037 (accessed Jun. 5, 2024).
