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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 229FOOD AND DRUG
SUBCHAPTER RISSUANCE OF CERTIFICATES OF FREE SALE AND SANITATION AND/OR CERTIFICATES OF ORIGIN AND SANITATION
RULE §229.305Time Frames

(a) Time frames for issuing a certificate. The time frames for issuing a certificate shall be as follows.

  (1) No later than 15 business days of receipt of a completed application, the department shall issue a certificate, deny a certificate, schedule an inspection, and/or request supplemental information. Time frames are suspended any time the applicant is requested to submit additional information, the applicant submits additional information, or the applicant requests a custom certificate.

  (2) No later than 45 business days of receipt of a completed application, the department shall inspect an establishment needing a current compliant inspection, and shall issue the certificate if there is no substantive violation of the Acts or the Rules. If substantive violations exist, the department shall notify the applicant. Time frames are suspended any time substantive violations exist.

  (3) No later than 30 business days of receipt of requested supplemental information or acceptable documentation of correction of substantive violations, the department shall review all information for compliance with state and federal regulations. If the information meets the requirements of the state and federal law, the establishment has a current compliant inspection, and all fees have been received, the department shall issue the certificate. Time frames are suspended any time the applicant is requested to submit supplemental information.

  (4) If any time frame is suspended for 60 business days or more with no response from the applicant, the application is considered withdrawn.

(b) Expiration dates.

  (1) Certificates are valid for the lesser of the term of the license or the inspection interval. Expiration dates are applied on the certificates by the department.

  (2) Certificates are invalid immediately upon notice by the department that the facility is not in substantial compliance with all applicable rules and regulations.


Source Note: The provisions of this §229.305 adopted to be effective March 15, 2001, 26 TexReg 2031; amended to be effective October 1, 2010, 35 TexReg 8500

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