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Texas Statutes (Last Updated: January 4, 2014) |
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HEALTH AND SAFETY CODE |
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Title 6. FOOD, DRUGS, ALCOHOL, AND HAZARDOUS SUBSTANCES |
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Subtitle A. FOOD AND DRUG HEALTH REGULATIONS |
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Chapter 436. AQUATIC LIFE |
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Subchapter C. ENFORCEMENT |
Sec. 436.025. EMERGENCY ORDER
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(a) The director may issue an emergency order that mandates or prohibits the taking, processing, or sale of molluscan shellfish or crabmeat in the department's jurisdiction if:
(1) the processing or sale of the molluscan shellfish or crabmeat creates or poses an immediate threat to human life or health; and
(2) other procedures available to the department to remedy or prevent the threat will result in unreasonable delay.
(b) The director may issue the emergency order without notice and hearing if the director or a person designated by the director determines that issuing the emergency order without notice and hearing is necessary under the circumstances.
(c) If an emergency order is issued without a hearing, the department shall determine the earliest time and place for a hearing at which the emergency order shall be affirmed, modified, or set aside. The hearing shall be held under board rules.
(d) This section prevails over Sections 11.013 and 12.001.