1. (a) General. Except as provided by §§229.544, 229.574, 229.604, and 229.634 of this title (relating to Exemptions and Applicability), it shall be unlawful for any person to operate a salvage establishment or operate as a salvage broker within the State of Texas, who does not possess a current and valid license issued by the department.
2. (b) Licensing of out-of-state salvage establishments and brokers. A person who operates a salvage establishment or acts as a salvage broker outside this state may not sell, distribute, or otherwise traffic in distressed or salvaged food, drugs, devices, or cosmetics within this state unless the person holds a license from the department.
3. (c) Reports from other jurisdictions. The department may accept reports from authorities in other jurisdictions to determine the extent of compliance with these sections and with the provisions of the Act.
4. (d) New place of business. Each person acquiring or establishing a place of business for the purpose of operating a salvage establishment or operating as a salvage broker shall apply for and obtain a license of such business prior to beginning operation.
5. (e) Two or more places of business. If the salvage establishment or salvage broker operates more than one place of business, the salvage establishment or salvage broker shall license each place of business separately.
6. (f) License application. Any person desiring to operate a salvage establishment or act as a salvage broker shall make written application for a license on forms provided by the department. A separate application is required for each place of business to be licensed. License application forms may be obtained from the Texas Department of Health, Bureau of Food and Drug Safety, 1100 West 49th Street, Austin, Texas 78756.

7. (g) Contents of license application. The salvage establishment or salvage broker license application shall be signed and verified, shall be made on a form furnished by the department, and shall contain the following information:

   1. (1) the legal name under which the business is conducted;
   2. (2) the address of the place of business to be licensed and the mailing address if different;
   3. (3) the name, residence address, and driver's license number of the responsible individual in charge at the place of business;
   4. (4) the hours of operation of each place of business;
   5. (5) the address of any salvage warehouse used by a salvage establishment or salvage broker;
   6. (6) if a sole proprietorship, the name of the proprietor; if a partnership, the names of all partners; if a corporation, the names and titles of all officers; in any other association, those in a managerial capacity; and
   7. (7) a statement signed and verified by the sole proprietor, managing partner, corporate officer, or person in a managerial capacity for an association that acknowledges the applicant has read, understood, and agrees to abide by the provisions of these sections and those of the Act.
8. (h) Issuance of license. In accordance with §229.281 of this title (relating to Processing Permit Applications Relating to Food and Drug Operations), the department may license a salvage establishment or salvage broker who meets the requirements of these sections.
9. (i) Transfer of license. Licenses shall not be transferable from one person to another or from one place of business to another.
10. (j) Display of license. The license shall be displayed in an open public area at each place of business and each salvage operator shall have a copy of a valid license in each vehicle used by the salvage operator to transport distressed food.
11. (k) License expiration. Unless the department revokes or suspends a license as provided in §229.554 of this title (relating to Enforcement and Penalties), the initial license shall be valid for one year from the date of issuance which becomes the anniversary date.

12. (l) Renewal of license.

    1. (1) Each year prior to the anniversary date, the salvage establishment or salvage broker shall renew its license following the requirements of this section.
    2. (2) The renewal license shall be valid for one year from the anniversary date.
    3. (3) The license renewal application and nonrefundable renewal fee for each place of business shall be submitted to the department 30 days prior to the expiration date of the current license in accordance with procedures of this section. A person who files a renewal application after the expiration date must pay an additional $100 as a delinquency fee.
    4. (4) The department shall renew the license of a licensee who submits a renewal application and pays the renewal fee after finding that the licensee is in compliance with these sections as determined by an inspection of the licensee's place of business or as outlined in subsection (c) of this section.
13. (m) Completeness of license applications. Failure to complete the initial or renewal license application form may result in the denial of a license.
14. (n) Report of changes. The license holder shall notify the department in writing within ten days of any change, including change in location, name, or ownership of a salvage establishment or salvage broker, which would render the information contained in the initial license application no longer accurate. Failure to inform the department within ten days of a change in information required in the initial license application may result in enforcement action as described in §229.554 of this title.
15. (o) Amendment of license. A license that is amended, including a change of name, ownership, or a notification of a change in the location of a licensed place of business will require submission of fees as outlined in §229.546 of this title (relating to Licensing Fees).

16. (p) Return of license. A license issued under these sections shall be returned to the department if the place of business:

    1. (1) ceases business or otherwise ceases operation on a permanent basis;
    2. (2) relocates;
    3. (3) changes the name of the business under which the salvage establishment or salvage broker operates; or
    4. (4) changes ownership.

Source Note:The provisions of this §229.545 adopted to be effective December 17, 2002, 27 TexReg 11751.