| (a) Definitions. The following words and terms when
used in this section have the following meanings, unless the context
clearly indicates otherwise.
(1) Cigar--A roll of fermented tobacco that is wrapped
in tobacco and the main stream of smoke from which produces an alkaline
reaction to litmus paper.
(2) Cigarette--A roll for smoking:
(A) that is made of tobacco or tobacco mixed with another
ingredient and wrapped or covered with a material other than tobacco;
and
(B) that is not a cigar.
(3) E-cigarette--An electronic cigarette or any other
device that simulates smoking by using a mechanical heating element,
battery, or electronic circuit to deliver nicotine or other substances
to the individual inhaling from the device; or a consumable liquid
solution or other material aerosolized or vaporized during the use
of an electronic cigarette or other device described by this paragraph.
(A) The term "e-cigarette" includes:
(i) a device described by this paragraph regardless
of whether the device is manufactured, distributed, or sold as an
e-cigarette, e-cigar, or e-pipe or under another product name or description;
and
(ii) a component, part, or accessory for the device,
regardless of whether the component, part, or accessory is sold separately
from the device.
(B) The term "e-cigarette" does not include a prescription
medical device unrelated to the cessation of smoking.
(4) Minor--A person under 21 years of age.
(5) Second party sales--Sales that result in the provision
of cigarettes, e-cigarettes, or tobacco products to a minor, even
though the purchaser of those products is not necessarily a minor.
(6) Seller--Any person who sells cigarettes, e-cigarettes,
or tobacco products in Texas.
(7) Tobacco product--A tobacco product is:
(A) a cigar;
(B) smoking tobacco, including granulated, plug-cut,
crimp-cut, ready-rubbed, and any form of tobacco suitable for smoking
in a pipe or as a cigarette;
(C) chewing tobacco, including Cavendish, Twist, plug,
scrap, and any kind of tobacco suitable for chewing;
(D) snuff or other preparations of pulverized tobacco;
or
(E) an article or product that is made of tobacco or
a tobacco substitute and that is not a cigarette or an e-cigarette.
(b) Application process. In order for a vendor to be
certified to provide employers and employees engaged in the retail
sales of cigarettes, e-cigarettes, or tobacco products with training
regarding provisions in Health and Safety Code, Chapter 161 and in
Tax Code, Chapters 154 and 155, regarding regulation of sales, distribution,
and use of tobacco products, the vendor's training program must meet
the minimum curriculum requirements established by the comptroller
and be certified by the comptroller. Vendors must make application
to the comptroller's office on a prescribed application form. The
comptroller's office will review qualified applications and certify
vendors interested in providing a seller training program.
(c) Curriculum information. Vendors interested in obtaining
certification must apply in writing and provide a written description
detailing curriculum information, including:
(1) the presentation;
(2) specific course objectives;
(3) academic content;
(4) learning activities;
(5) audio-visual materials, if any;
(6) written materials (including instructor manual
and participant workbook); and
(7) course evaluation or feedback forms.
(d) Curriculum requirements. The curriculum of the
training program presented should include, but is not limited to,
the following components.
(1) Component One--tobacco-related health hazards.
Statistical information regarding tobacco-related health hazards as
published by the U.S. Food and Drug Administration must be included
in this component.
(2) Component Two--federal and state laws. Discussion
and comparison of the provisions of current federal law with the provisions
of current state law pertaining to minors and cigarettes, e-cigarettes,
and tobacco products must be included in this component. In particular,
this component must include a review and explanation of all provisions
relating to:
(A) prohibiting the distribution of cigarettes, e-cigarettes,
or tobacco products to minors;
(B) prohibiting the purchase, possession, or consumption
of cigarettes, e-cigarettes, or tobacco products by minors (citing
examples of tobacco products included);
(C) the warning notice signs for retail locations;
(D) statistics on cigarette, e-cigarette, and tobacco
usage by adults and minors; and
(E) the placement of cigarettes, e-cigarettes, and
tobacco products in retail locations.
(3) Component Three--detection of minors. This component
must identify and discuss:
(A) observation techniques for determining when a customer
is a minor;
(B) common physical and behavioral signs of underage
status; and
(C) behaviors indicative of adolescence, including
current clothing trends and fads, and physical appearance preferences,
according to generally recognized experts in the field.
(4) Component Four--personal identification. This component
must:
(A) identify, discuss, and provide actual samples of
acceptable forms of identification, including, but not limited to:
(i) a valid state driver's license issued by the Texas
Department of Public Safety; and
(ii) other state or U.S. government issued forms of
identification (with photograph);
(B) identify, discuss, and provide actual samples of
unacceptable forms of identification including, but not limited to:
(i) a temporary state driver's license;
(ii) a birth certificate;
(iii) a school or work ID;
(iv) a social security card; and
(v) a professionally printed identification card.
(C) explain how to detect invalid identification documents
used in attempts to establish proof of age and provide examples of
the following:
(i) unofficial documents that look similar to official
documents;
(ii) types of document counterfeiting and alteration;
and
(iii) warning signs of document counterfeiting and
alterations.
(5) Component Five--second party sales. This component
must:
(A) explain and define second party sales; and
(B) provide examples of second party sales including,
but not limited to, the following:
(i) a minor loitering outside a store in the store
parking lot;
(ii) a minor loitering around a store, either inside
or outside, after having been refused a cigarette, e-cigarette, or
tobacco product purchase; and
(iii) a minor randomly approaching an adult customer
to solicit the adult customer to purchase cigarettes, e-cigarettes,
or tobacco products and giving the adult customer money.
(6) Component Six--refusing a sale. This component
must:
(A) identify and discuss techniques to prevent an illegal
sale of cigarettes, e-cigarettes, or tobacco products to a minor or
second party;
(B) identify and discuss techniques to terminate an
illegal sale of cigarettes, e-cigarettes, or tobacco products to a
minor or second party; and
(C) provide examples of words and actions that may
be used by a seller to amicably avoid or terminate illegal attempts
to purchase cigarettes, e-cigarettes, or tobacco products by a minor.
(e) Class length. The time length of the seller training
class should be a minimum of two actual clock hours, including class
breaks.
(f) Notice of certification or denial. The comptroller
shall notify each applicant with a letter of certification or denial,
including reasons for the denial, within 15 business days from the
date the application is received by the comptroller. The certification
or denial letter will be mailed to the address on the vendor's application.
(g) Certification. A qualified vendor is certified
to provide seller training until the certification expires under subsection
(h) of this section or is revoked or suspended by the comptroller.
(h) Recertification of curriculum.
(1) Every two years, a previously certified vendor
must submit a new application to ensure the vendor's course curriculum
aligns with federal law, state law, and policy changes relating to
cigarettes, e-cigarettes, and tobacco products.
Cont'd... |
