1. (a) Authorized employees of the department or the Texas Alcoholic Beverage Commission, after showing proper credentials to the owner, operator, or person in charge, may:

   1. (1) enter the premises at reasonable times, conduct inspections, collect samples, and take photographs to determine compliance with this chapter and Texas Health and Safety Code (HSC) Chapters 431 and 443;
   2. (2) enter a vehicle being used to transport or hold a consumable hemp product in commerce; or
   3. (3) inspect at reasonable times, within reasonable limits, and in a reasonable manner, the facility or vehicle and all equipment, finished and unfinished materials, containers, and labeling of any item and obtain samples necessary for the enforcement of this chapter.

2. (b) The inspection of a facility where consumable hemp products are manufactured, processed, distributed, packed, repackaged, sold, or held, for introduction into commerce must undergo inspection to determine if the consumable hemp product is:

   1. (1) adulterated or misbranded; or
   2. (2) manufactured, processed, held, distributed, packed, or sold in violation of this chapter or HSC Chapters 431 and 443.

3. (c) An inspection of a facility where a consumable hemp product is being manufactured, processed, packed, or held for introduction into commerce under subsection (b) of this section must not extend to:

   1. (1) financial data;
   2. (2) sales data other than shipment data;
   3. (3) pricing data;
   4. (4) personnel data other than data relating to the qualifications of technical and professional personnel performing functions under this chapter; or

   5. (5) research data other than data:

      1. (A) relating to new consumable hemp products; and
      2. (B) subject to reporting and inspection under 21 United States Code (U.S.C.) §§355, 360i, or 360j.
4. (d) The inspector must start and complete the inspection under subsection (b) of this section with reasonable promptness.

Source Note:The provisions of this §300.103 adopted to be effective August 2, 2020, 45 TexReg 5195; amended to be effective March 31, 2026, 51 TexReg 1860.