§ 431.023 Limited Exemption for Distressed Food, Drugs, Devices, or Cosmetics
§ 431.023. Limited Exemption for Distressed Food, Drugs, Devices, or Cosmetics
In relation to a food, drug, device, or cosmetic that is distressed merchandise for purposes of Chapter 432, Sections 431.021(a), (c), and (d) do not prohibit:
(1) the introduction or delivery for introduction into commerce of the merchandise for the purpose of reconditioning in accordance with Chapter 432 and not for sale to the ultimate consumer;
(2) the receipt in commerce of the merchandise for the purpose of reconditioning in accordance with Chapter 432 and not for sale to the ultimate consumer;
(3) the holding of merchandise for the purpose of reconditioning in accordance with Chapter 432 and not for resale to the ultimate consumer; or
(4) the reconditioning of the merchandise in accordance with Chapter 432.