(a) A container which contains untreated embryonic and fetal tissue remains must be placed in an outer container that is leak resistant, impervious to moisture, of sufficient strength to prevent tearing and bursting under normal conditions of use and handling, and sealed to prevent leakage.
(b) The outer container holding untreated embryonic and fetal tissue remains must be labeled with a warning legend in English and in Spanish, along with the international symbol for biohazardous material on the sides of the container. The wording of the warning legend must be substantially similar to the following: "CAUTION, contains material which may be biohazardous" and "PRECAUCIÓN, contiene material que pueden ser peligro biológico."
(c) Untreated embryonic and fetal tissue remains being transported for disposition in accordance with these rules shall be transported using units that:
  (1) have a fully enclosed, leak-proof remains storage area;
  (2) protect the remains from mechanical stress or compaction;
  (3) carry spill cleanup equipment; and
  (4) have a compartment where remains are transported that must:
    (A) be maintained in a sanitary condition;
    (B) be locked when the vehicle or trailer is in motion;
    (C) be locked or secured when remains are present in the compartment except during loading or unloading of remains;
    (D) have a floor and sides made of an impervious, nonporous material;
    (E) have all discharge openings securely closed during operation of the vehicle or trailer;
    (F) maintain a temperature of 45 degrees Fahrenheit or less for remains transported for longer than 72 hours during post-collection storage period; and
    (G) be disinfected before being used to transport any material other than remains or untreated medical waste.
(d) Cremated embryonic and fetal tissue remains may be transported in any manner in this state and must be disposed of in accordance with this chapter.

Source Note: The provisions of this §138.7 adopted to be effective February 1, 2018, 43 TexReg 465