Team Nexreg

Texas Hazardous Substances Act: Registration Requirements

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Business operations come with a myriad of regulations to ensure safety and compliance, especially when dealing with hazardous substances. In Texas, the Hazardous Substances Act, outlined in Health and Safety Code, chapter 501, mandates specific registration requirements for manufacturers of hazardous substances distributed within the state.

 

Understanding the Law

The Texas Hazardous Substances Act requires manufacturers of hazardous substances whose products are distributed in Texas to file a registration statement with the Department of State Health Services (DSHS) before commencing business activities in the state. This registration statement serves as a means of oversight and regulation to uphold safety standards and protect public health.

 

Defining Hazardous Substances in Texas Administrative Code

Under the Texas Administrative Code, hazardous substances are defined as any substance or mixture that meets the following criteria:

 

  • Corrosive, Extremely Flammable, Flammable, Combustible, Irritant, or Strong Sensitizer: Substances or mixtures that exhibit corrosive properties, extreme flammability, flammability, combustibility, irritant effects, or strong sensitization potential.
  • Generates Pressure: Substances that can produce pressure through decomposition, heat, or other means.
  • May Cause Substantial Personal Injury or Illness: Substances that have the potential to cause significant harm or illness during reasonable foreseeable handling or use, including ingestion by children.
  • Toys or Articles with Hazards: Any toy or article intended for use by children, other than clothing, which presents electrical, mechanical, or thermal hazards.

Radioactive Substances: Substances that exhibit radioactive properties.

 

Additionally, it’s important to note that specific product types regulated under other laws, including pesticides, foods, drugs, cosmetics, alcoholic beverages, and certain fuels, are not considered hazardous substances under the Texas Administrative Code. These exclusions are outlined to ensure clarity and consistency in the regulation of hazardous substances in Texas.

 

 

Registration Requirements

A crucial aspect of compliance with the Texas Hazardous Substances Act is the registration statement, which must be filed with the DSHS. Here are the key points regarding registration:

 

– Basic Requirement: Manufacturers distributing hazardous substances in Texas or under their private brand name must file a registration statement with the DSHS.

– Term of Registration: Initially set at one year, the term of registration statements changed to a two-year period effective January 1, 2005.

– Content of Registration Statement: The statement must include detailed information such as business names, addresses, and details of proprietors, partners, officers, or directors involved in the operations.

– Registration Fees: A registration fee of $630 for a two-year term accompanies each initial registration statement or refiling. Payments must be made via money order, certified check, or personal check payable to the Department of State Health Services.

 

Enforcement and Special Provisions

Failure to comply with registration requirements may lead to penalties, including administrative fines, refusal, cancellation, revocation, or suspension of the registration statement. Special provisions exist for manufacturers whose products may be exempt from bans but require specific labeling or meet exemption criteria to be sold in Texas.

 

Conclusion

Compliance with the Texas Hazardous Substances Act is vital for businesses dealing with hazardous substances distributed within the state. By understanding the registration requirements, adhering to the stipulated guidelines, and ensuring timely filing of registration statements, manufacturers can uphold safety standards, avoid fines, and contribute to the protection of public health in Texas. For further information or assistance with registration, businesses can contact the DSHS or NEXREG.

 

Sources:

https://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=3&ti=25&pt=1