1. (a) Purpose and scope. This section's purpose is to implement the provisions of House Bill 173, 70th Legislature, 1987, concerning abusable glues and aerosol paints. The section covers definitions, applications for, and renewal of permits to sell glues and paints, and renewal fees, and department procedures for approving, denying, and renewing permits.

2. (b) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context indicates otherwise.

   1. (1) Abusable glue and aerosol paint--Glue or aerosol paint which is:

      1. (A) packaged in a container holding a pint or less by volume or less than two pounds by weight; and
      2. (B) labeled in accordance with the labeling requirements concerning precautions against inhalation established under the Federal Hazardous Substances Act, United States Code §1261-1274, and under regulations adopted under that Act in Code of Federal Regulations, Part 1500.
   2. (2) Aerosol paint--Aerosolized paint products, including clear or pigmented lacquers and finishes.
   3. (3) Department--The Texas Department of Health.
   4. (4) Glue and paint sales permit--A permit authorizing a retailer to sell at retail abusable glue or aerosol paint.
   5. (5) Permittee--A person who has a valid glue and paint sales permit.
   6. (6) Retailer--Any business or location which sells to the general public, without restrictions to limit purchases to institutional or industrial clients only.
   7. (7) Seller--Any retail seller of abusable glue and aerosol paint.

3. (c) Basic requirement. To be eligible for a glue and paint sales permit or to have a glue and paint sales permit renewed, an applicant or permittee must:

   1. (1) complete and return an application form furnished by the department, signing and dating the form attesting to the accuracy of all information contained therein;
   2. (2) have a valid sales tax permit issued to the applicant;
   3. (3) pay an application fee to the department of $25 for each location at which abusable glue and aerosol paint may be sold by the applicant on obtaining a glue and paint permit; and
   4. (4) verify by information requested on the application form that the applicant or permittee has not been convicted more than one time in the preceding year of an offense that is committed at the location for which the permit or renewal is issued and that is committed under Texas Civil Statutes, Article 4476-13a, § 84(a), or under Texas Civil Statutes, Article 4476-15, §84.13 (a), (f), (m), or (r).
4. (d) Annual refiling. After the initial permit has been issued, the seller shall refile each year by filing a renewal application accompanied by a $25 application fee in accordance with this section prior to the expiration date of the original or renewal permit. The department shall notify the seller of the need to renew prior to the expiration date.

5. (e) Application form.

   1. (1) The application form shall be signed and verified, shall be made on an application form furnished by the department, and shall contain the following information:

      1. (A) the name under which the retail sale of abusable glue and aerosol paint is conducted;
      2. (B) the address of the place of business being permitted. A separate fee of $25 is required for each location at which abusable glue and aerosol paint may be sold by the applicant upon obtaining a glue and paint permit;
      3. (C) the number of the valid sales tax permit issued to the applicant;
      4. (D) a statement that the permittee has not been convicted more than one time in the preceding year of any offense that is committed at the location for which the permit or renewal is issued as described in subsection (c)(4) of this section.
      5. (E) if the business is a sole proprietorship, the name of the proprietor;
      6. (F) if the business is a partnership, the names of the partners;
      7. (G) if the business is a corporation, the name of the officer with responsibility for the location applying for the permit or renewal;
      8. (H) if the business is of any other kind than the ones described in subparagraphs (E)-(G) of this paragraph, the names of those persons in a managerial position.
   2. (2) Application forms may be obtained from the Product Safety Program, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756.

6. (f) Application fees.

   1. (1) Each initial application form and each renewal of the application shall be accompanied by a $25 fee.
   2. (2) The fee shall be by money order, certified check, or personal check and shall be made payable to the Texas Department of Health. Cash payment is not acceptable.
   3. (3) For corporations, proprietorships, partnerships, and other kinds of businesses operating as a retailer at more than one location where abusable glues and aerosol paints are to be sold, a separate $25 application fee is required for each retail location.

7. (g) Approval and denial of the application.

   1. (1) Upon approval of the application, the department shall issue to the applicant or permittee a permit for retail sale of abusable glues and aerosol paints within 60 days of the receipt of the application form and fee payment.
   2. (2) If an application is denied, the department shall notify the applicant or permittee within 60 days of the receipt of the application form and fee payment. The department shall include in the notice the reasons for the denial.
   3. (3) A permit issued by the department is the property of the department and must be surrendered on demand by the department.
   4. (4) a permittee must have the permit or a copy of the permit available for inspection by the public. The permit or copy thereof must be posted in a prominent location at the place where the permittee sells abusable glue and aerosol paint.
   5. (5) If the department does not approve an application or a renewal, the applicant or permittee may appeal the proposed action by requesting a hearing in accordance with the connected case provisions of the Administrative Procedure and Texas Register Act, Texas Civil Statutes, Article 6252-13a, and the department formal hearing procedure in §§1.21-1.33 of this title (relating to Formal Hearing Procedures).

Source Note:The provisions of this §205.51 adopted to be effective March 4, 1988, 12 TexReg 4697.