| (a) Warning notice signs. Each person who sells cigarettes,
e-cigarettes, or tobacco products at retail or by vending machine
must post a warning notice sign in a location that is conspicuous
to all employees and customers and that is close to the cash register,
check-out stand, or vending machine where cigarettes, e-cigarettes,
or tobacco products may be purchased. The failure to display a sign
as prescribed by this section is a Class C misdemeanor.
(b) Sign distribution. Upon request, the comptroller
will provide the warning notice signs without charge to any person
who sells cigarettes, e-cigarettes, or tobacco products, including
distributors or wholesale dealers of cigarettes, e-cigarettes, or
tobacco products in this state for distribution to persons who sell
cigarettes, e-cigarettes, or tobacco products. A distributor or wholesale
dealer may not charge for distributing a sign under this subsection.
Requests for the warning notice signs may be made by calling the Comptroller
of Public Accounts toll free at 1-800-862-2260, or by writing to the
attention of the Account Maintenance Division, Comptroller of Public
Accounts, 111 East 17th Street, Austin, Texas 78774-0100. In Austin,
call (512) 463-3731. A request must include the number of signs needed,
and the person and address to whom the signs are to be mailed.
(c) Alternate signs. Retailers, distributors, and wholesale
dealers may develop their own warning notice signs provided the signs
meet minimum size and design specifications, including wording and
font size, described in subsection (d) of this section. A retailer,
distributor, or wholesale dealer may submit a sample of its proposed
sign for review to the address as noted in subsection (b) of this
section.
(d) Sign design and minimum size requirements. The
design, minimum size, and placement location of each sign are as follows.
(1) Design. Each sign must be designed according to
the following:
(A) it must contain the following statutory language:
"PURCHASING OR ATTEMPTING TO PURCHASE CIGARETTES, E-CIGARETTES, OR
TOBACCO PRODUCTS BY A PERSON UNDER 21 YEARS OF AGE IS PROHIBITED BY
LAW. SALE OR PROVISION OF CIGARETTES, E-CIGARETTES, OR TOBACCO PRODUCTS
TO A PERSON UNDER 21 YEARS OF AGE IS PROHIBITED BY LAW. UPON CONVICTION,
A CLASS C MISDEMEANOR, INCLUDING A FINE OF UP TO $500 MAY BE IMPOSED.
VIOLATIONS MAY BE REPORTED TO THE TEXAS COMPTROLLER'S OFFICE BY CALLING
1-800-345-8647. PREGNANT WOMEN SHOULD NOT SMOKE. SMOKERS ARE MORE
LIKELY TO HAVE BABIES WHO ARE BORN PREMATURE OR WITH LOW BIRTH WEIGHT.
THE PROHIBITIONS ON THE PURCHASE OR ATTEMPT TO PURCHASE DESCRIBED
ABOVE DO NOT APPLY TO A PERSON WHO IS IN THE UNITED STATES MILITARY
FORCES OR STATE MILITARY FORCES.";
(B) it must contain the following statutory language
until September 1, 2022: "THE PROHIBITIONS ON THE PURCHASE OR ATTEMPT
TO PURCHASE DESCRIBED ABOVE DO NOT APPLY TO A PERSON WHO WAS BORN
ON OR BEFORE AUGUST 31, 2001."; and
(C) retailers must display the English version. The
comptroller will make a Spanish version available. Both the Spanish
and English versions may be posted.
(2) Size and placement. The sign is to be posted on
or near:
(A) a cash register or check-out stand and must be
no less than 8-1/2 inches wide by 11 inches in length. The font size
for the statutory language that must appear on the sign must be no
less than 14-point type. The mandatory warning notice sign must be
conspicuous from each cash register or check-out stand where cigarettes,
e-cigarettes, or tobacco products may be purchased. If a retailer
chooses, an additional warning notice sign, regardless of size, may
be conspicuously placed on each cash register or check-out stand where
cigarettes, e-cigarettes, or tobacco products may be purchased; and
(B) a vending machine and must be no less than 3 inches
wide by 7 inches in length. The font size for the statutory language
that must appear on the sign must be no less than 10-point type.
(e) Effective date. Sellers of cigarettes and tobacco
products must display the warning notice signs in the appropriate
locations beginning January 1, 1998. E-cigarette sellers must display
the warning notice signs in the appropriate locations beginning October
1, 2015.
|
| Source Note: The provisions of this §3.1202 adopted to be effective January 22, 1998, 23 TexReg 421; amended to be effective October 11, 2007, 32 TexReg 7082; amended to be effective February 6, 2012, 37 TexReg 500; amended to be effective October 24, 2016, 41 TexReg 8294; amended to be effective January 7, 2020, 45 TexReg 382; amended to be effective September 14, 2020, 45 TexReg 6378 |
