34 Tex. Admin. Code § 3.1202 - Warning Notice Signs
(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.
Notes
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No prior version found.