(a) A person is exempt from licensing under these sections if the person engages only in the following types of device distribution:
- (1) intracompany sales;
- (2) distribution from a place of business located outside the State of Texas; or
- (3) the sale, purchase, or trade of a distressed or reconditioned device by a salvage broker or a salvage operator licensed under §229.203 of this title (relating to License).
- (b) An exemption from the licensing requirements under these sections does not constitute an exemption from other applicable provisions of the Texas Food, Drug, and Cosmetic Act, Health and Safety Code, Chapter 431 (Act) or the rules adopted by the Texas Board of Health to administer and enforce the Act.
Source Note:The provisions of this §229.434 adopted to be effective October 18, 1994, 19 TexReg 7910; amended to be effective March 19, 1996, 21 TexReg 1887.