1. (a) Issuance of permits. Every frozen desserts manufacturer located in the State of Texas and every frozen desserts manufacturer that exports frozen desserts into the State of Texas shall secure a permit. Only a person who complies with the requirements of these sections shall be entitled to receive and retain such a permit. Permits shall not be transferrable with respect to persons, vehicles, and/or locations.

2. (b) Suspension or revocation of permit.

   1. (1) A permit may be suspended or revoked by the department upon violation by the permit holder of the provisions of these sections.
   2. (2) The suspension or revocation shall take place only after the permit holder has had an opportunity for a hearing in accordance with the department's formal hearing procedures.

3. (c) Reinstatement of permit.

   1. (1) Any frozen desserts manufacturer whose permit has been suspended or revoked may make application at any time for the reinstatement of his permit.
   2. (2) Upon receipt of a satisfactory application for the reinstatement of the permit based upon correction of a violation of any of the bacteriological coliform or cooling-temperature standards, the health authority shall take further samples within one week and shall approve the application upon compliance with the appropriate standard as determined in accordance with § 217.47 of this title (relating to The Examination and Standards for Frozen Desserts), provided that if samples are not available because of the suspension of the permit to operate, or for other reasons, the health authority may issue a temporary permit upon satisfying himself, by inspection of the facilities and operating methods, that the conditions responsible for the violation have been corrected, with the final reinstatement of the permit conditional upon compliance with the requirements of §217.47 of this title (relating to The Examination and Standards for Frozen Desserts) and §217.48 of this title (relating to Sanitation Standards for Frozen Desserts Plants).
   3. (3) When the permit suspension has been due to a violation of a requirement other than bacteriological or cooling-temperature standards, the said application shall contain a written statement, signed by the applicant, to the effect that the violated regulation has been corrected. Within one week of the receipt of such an application, the health authority shall make an inspection of the applicant's establishment as he may deem necessary, to assure himself that the applicant is complying with the provisions of this section, and, in case the findings justify, shall reinstate the permit.

Source Note:The provisions of this §217.44 adopted to be effective January 1, 1976.