The department must attach a tag or other appropriate marking to an article that is a food, drug, device, cosmetic, or consumer commodity that gives notice that the article is, or is suspected of being, adulterated or misbranded. The department tags or marks any detained or embargoed article if the department finds or has probable cause to believe the article:

1. (1) is adulterated;
2. (2) is misbranded so that the article is dangerous or fraudulent under this chapter; or
3. (3) is in violation of Texas Health and Safety Code §431.084, §431.114, or §431.115.

Source Note:The provisions of this §300.603 adopted to be effective August 2, 2020, 45 TexReg 5195; amended to be effective March 31, 2026, 51 TexReg 1860.