FAQs - Hazardous Consumer Products Registration
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FAQs - Hazardous Consumer Products Registration
General FAQ
Yes. The Texas Hazardous Substances Act, Health and Safety Code, Chapter 501, under 501.024(c) requires a manufacturer, importer, repacker, or distributor of a hazardous substance and in each succeeding year that the person continues the business in this state to file the registration statement with the department not later than the anniversary date of the initial filing for products distributed in Texas accompanied by a registration fee in accordance with the rules. This registration must be done prior to doing business in the state accompanied by a registration fee. Under 25 TAC §205.44(b)(3) of Product Safety rules, any person who manufactures, imports, repacks, or distributes a hazardous substance for Texas is covered by this law. The term does not include a retailer who only distributes a hazardous substance to the general public, except that a retailer who distributes a hazardous substance had the product made to its specifications and solely places its information on the product, not disclosing the actual manufacturer. The retailer would then be considered a manufacturer subject to the Hazardous Products Registration rules including fees.
(i) any substance or mixture of substances which is toxic, corrosive, extremely flammable, flammable, combustible, an irritant, or a strong sensitizer, or that generates pressure through decomposition, heat, or other means, if the substance or mixture of substances may cause substantial personal injury or substantial illness during or as a proximate result of any customary or reasonable foreseeable handling or use, including reasonably foreseeable ingestion by children;
(ii) any toy or other article other than clothing intended for use by children which presents an electrical, mechanical, or thermal hazard; or
(iii) any radioactive substance if, with respect to the substance as used in a particular class of article or as packaged, the department finds by rule that the substance is sufficiently hazardous to require labeling in accordance with the provisions of Health and Safety Code, Chapter 501, in order to protect the public health.
Yes. According to 25 TAC §205.44(f)(1), each initial registration statement and each refiling of the registration shall be accompanied by a registration fee of $649 for a two-year term including the Texas Online fee (currently $19). Under 25 TAC §205.44(g), the department is authorized to collect Texas Online Fees with each filing.
Go to https://www.dshs.texas.gov/hazardous-consumer-products-registration-program and then scroll down to the hyperlink “Start Application here”. Be sure to keep a copy of the issued hazardous product registration permit and make it available for inspection when requested by the department.