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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 205PRODUCT SAFETY
SUBCHAPTER DINHALANT ABUSE
RULE §205.60Requirement to Post Warning Sign

(a) A business establishment that sells abusable volatile chemicals at retail shall display a volatile chemical warning sign, in English and Spanish, that states the following: "It is unlawful for a person to sell or deliver abusable volatile chemicals to a person under 18 years of age. Except in limited situations, such an offense is a state jail felony. It is also unlawful for a person to abuse a volatile chemical by inhaling, ingesting, applying, using, or possessing with intent to inhale, ingest, apply, or use a volatile chemical in a manner designed to affect the central nervous system. Such an offense is a Class B misdemeanor."

(b) A current version of the volatile chemical warning sign shall be clearly posted in a conspicuous and prominent place at the location where the permit holder sells abusable volatile chemicals. At a minimum, at least one warning sign must be posted at the location for which the permit is issued. Permit holders may post additional warning signs at multiple sites within this location to ensure that the sign is easily visible to patrons of the establishment.

(c) The volatile chemical warning sign shall measure at least 8-1/2 by 11 inches and must be typed, typeset, or mechanically produced with lettering that is clearly legible. The letters shall not be smaller than 12 characters per inch. The word "WARNING" shall be included in bold capital letters at least 1/3 inch high and located above the wording required in subsection (a) of this section.

(d) To assist permit holders in complying with subsection (a) of this section, the department shall make warning signs available for use and photocopying by permit holders. Warning signs may be obtained free of charge from the Environmental and Sanitation Licensing Group, Regulatory Licensing Unit, Health Care Quality Section, Division of Regulatory Services, Department of State Health Services, 1100 West 49th Street, Austin, Texas 78756.

(e) Permit holders may add the following additional information to the warning sign as long as the wording required by subsection (a) of this section is included: the name, address, and telephone number of the business establishment's contact for responding to questions from patrons.


Source Note: The provisions of this §205.60 adopted to be effective August 19, 2002, 27 TexReg 7532; amended to be effective January 1, 2005, 29 TexReg 11979

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