The following words and terms, when used in these sections, shall have the following meanings, unless the context clearly indicates otherwise.
  (1) Abusable volatile chemical--
    (A) A chemical, including aerosol paint that:
      (i) is packaged in a container subject to the labeling requirements concerning precautions against inhalation established under the Federal Hazardous Substances Act (15 U.S.C. §1261 et seq.), as amended, and regulations adopted under that Act and is labeled with the statement of principal hazard on the principal display panel "VAPOR HARMFUL" or other labeling requirement subsequently established under that Act or by those regulations;
      (ii) when inhaled, ingested, or otherwise introduced into a person's body, may:
        (I) affect the person's central nervous system;
        (II) create or induce in the person a condition of intoxication, hallucination, or elation; or
        (III) change, distort, or disturb the person's eyesight, thinking process, balance, or coordination; and
      (iii) is not:
        (I) a pesticide subject to Agriculture Code, Chapter 76 or to the Federal Environmental Pesticide Control Act of 1972 (7 U.S.C. §136 et seq.), as amended;
        (II) a food, drug, or cosmetic subject to Health and Safety Code, Chapter 431 or to the Federal Food, Drug, and Cosmetic Act (21 U.S.C. §301 et seq.), as amended; or
        (III) a beverage subject to the Federal Alcohol Administration Act (27 U.S.C. §201 et seq.), as amended; or
    (B) nitrous oxide that is not:
      (i) a pesticide subject to Agriculture Code, Chapter 76 or to the Federal Environmental Pesticide Control Act of 1972 (7 U.S.C. §136 et seq.), as amended;
      (ii) a food, drug, or cosmetic subject to Health and Safety Code, Chapter 431 or to the Federal Food, Drug, and Cosmetic Act (21 U.S.C. §301 et seq.), as amended; or
      (iii) a beverage subject to the Federal Alcohol Administration Act (27 U.S.C. §201 et seq.), as amended.
  (2) Act--The Abusable Volatile Chemical Act, Health and Safety Code, Chapter 485.
  (3) Aerosol paint--An aerosolized paint product, including a clear or pigmented lacquer or finish.
  (4) Commissioner--The commissioner of state health services.
  (5) Deliver--To make the actual or constructive transfer from one person to another of an abusable volatile chemical, regardless of whether there is an agency relationship. The term includes an offer to sell an abusable volatile chemical.
  (6) Delivery--The act of delivering.
  (7) Department--The Texas Department of Health or its successor.
  (8) Inhalant paraphernalia--Equipment or materials of any kind that are intended for use in inhaling, ingesting, or otherwise introducing into the human body an abusable volatile chemical. The term includes a tube, balloon, bag, fabric, bottle, or other container used to concentrate or hold in suspension an abusable volatile chemical, or vapors of the chemical.
  (9) Permit--A volatile chemical sales permit.
  (10) Permit holder--A person who has a valid volatile chemical sales permit.
  (11) Retailer--Any business or location which sells to the general public, without restrictions to limit purchases to institutional or industrial clients only.
  (12) Sell--Includes a conveyance, exchange, barter, or trade.
  (13) Volatile chemical sales permit--A permit authorizing a retailer to sell at retail abusable volatile chemicals.

Source Note: The provisions of this §205.52 adopted to be effective August 19, 2002, 27 TexReg 7532; amended to be effective January 1, 2005, 29 TexReg 11979