(a) A person is exempt from licensing under these sections if the person is:
  (1) a manufacturer, distributor, or processor of a food who in the normal course of business engages in the activities of reconditioning the items manufactured, distributed, or processed by or for that person and not purchased by that person solely for the purpose of reconditioning and sale;
  (2) a common carrier or a common carrier's agent who disposes of or otherwise transfers undamaged or distressed foods to a person who is exempt under this section or to a currently licensed salvage broker or salvage operator;
  (3) a person who transfers distressed food to a licensed salvage broker or salvage operator; or
  (4) a nonprofit organization that distributes food to the needy under the provisions of the Good Faith Donor Act, Civil Practice and Remedies Code, Chapter 76, but does not recondition such food.
(b) An exemption from the licensing requirements under these sections does not constitute an exemption from other applicable provisions of the Texas Food, Drug, and Cosmetic Act, Health and Safety Code, Chapter 431 or the rules adopted to administer and enforce the Act.
(c) A salvage establishment or salvage broker engaging in conduct within the scope of the license issued under §229.545 of this title (relating to Licensing Requirements and Procedures) is not required to also be licensed under Health and Safety Code, Chapter 431. An exemption from the licensing requirements under Health and Safety Code, Chapter 431, does not constitute an exemption from other applicable provisions of the Health and Safety Code Chapter 431 or the rules adopted to administer and enforce the chapter.

Source Note: The provisions of this §229.544 adopted to be effective December 17, 2002, 27 TexReg 11751; amended to be effective January 1, 2005, 29 TexReg 11984