Texas Health and Safety Code 432.020 – Emergency Order
(a) The commissioner or the commissioner’s designee may issue an emergency order, either mandatory or prohibitory, concerning the sale or distribution of distressed foods, drugs, devices, or cosmetics in the department’s jurisdiction if the commissioner or the commissioner’s designee determines that:
(1) the sale or distribution of those foods, drugs, devices, or cosmetics creates or poses an immediate and serious threat to human life or health; and
(2) other procedures available to the department to remedy or prevent the occurrence of the situation will result in unreasonable delay.
(b) The commissioner or the commissioner’s designee may issue the emergency order without notice and hearing if the commissioner or the commissioner’s designee determines it is necessary under the circumstances.
Terms Used In Texas Health and Safety Code 432.020
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(c) If an emergency order is issued without a hearing, the department, not later than the 30th day after the date on which the emergency order is issued, shall determine a time and place for a hearing at which the emergency order will be affirmed, modified, or set aside. The hearing shall be held under departmental formal hearing rules.