SECTION 300.103. Inspections

(a) Authorized employees of the department may, upon presenting appropriate credentials to the owner, operator, or person in charge:

(1) enter at reasonable times the premises, conduct inspections, collect samples, and take photographs to determine compliance with this chapter and Texas Health and Safety Code, Chapters 431 and 443;

(2) enter a vehicle being used to transport or hold the consumable hemp product in commerce; or

(3) inspect at reasonable times, within reasonable limits, and in a reasonable manner, the facility or vehicle and all equipment, finished and unfinished materials, containers, and labeling of any item and obtain samples necessary for the enforcement of this chapter.

(b) The inspection of a facility where consumable hemp products are manufactured, processed, distributed, packed, held or sold, for introduction into commerce shall be for the purpose of determining if the consumable hemp product is:

(1) adulterated or misbranded; or

(2) otherwise manufactured, processed, held, distributed or sold in violation of this chapter or Texas Health and Safety Code, Chapters 431 and 443.

(c) An inspection of a facility in which a prescription drug or restricted device is being manufactured, processed, packed, or held for introduction into commerce under subsection (b) of this section shall not extend to:

(1) financial data;

(2) sales data other than shipment data;

(3) pricing data;

(4) personnel data other than data relating to the qualifications of technical and professional personnel performing functions under this chapter; or

(5) research data other than data:

(A) relating to new consumable hemp products; and

(B) subject to reporting and inspection under regulations issued under §505(i) or (j), §519, or §520(g) of the Federal Act.

(d) An inspection under subsection (b) of this section shall be started and completed with reasonable promptness.

Source Note: The provisions of this §300.103 adopted to be effective August 2, 2020, 45 TexReg 5195