34 Tex. Admin. Code § 3.1208 - Prohibited E-Cigarette Products
(a)
Definitions. The following words and terms when used in this section shall have
the following meanings, unless the context clearly indicates otherwise.
(1) Cartoon--Any drawing or other depiction
of an object, person, animal, creature, or any similar caricature that
satisfies any of the following criteria:
(A)
the use of comically exaggerated features;
(B) the attribution of human characteristics
to animals, plants, or other objects, or the similar use of anthropomorphic
technique; or
(C) the attribution
of unnatural or extra-human abilities, such as imperviousness to pain or
injury, X-ray vision, tunneling at very high speeds, or
transformation.
(2)
Celebrity--An individual well-known to a significant section of the
public.
(3) Container--Any object
used to hold an e-cigarette product, including, but not limited to, a pod,
bottle, jar, box, wrapper, or other packaging.
(4) 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 subdivision. The term does not include a
prescription medical device unrelated to the cessation of smoking. The term
also includes:
(A) a device described in
paragraph (1) of this subsection 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
(B) a component, part, or accessory for the
device, regardless of whether the component, part, or accessory is sold
separately from the device.
(5) E-cigarette product--Any substance
containing nicotine from any source that is intended for use in an
e-cigarette.
(6) Food product--A
product intended for human consumption that is consumed for taste, aroma, or
nutritional value. The term includes, but is not limited to, fruit, juice,
candy, cookies, cereal, coffee, ice cream, soft drinks, and mint and other
herbs.
(7) Minor--A person under 21
years of age.
(8) Retailer--a
person who engages in the practice of selling cigarettes, e-cigarettes, or
tobacco products to consumers and includes the owner of a cigarette or tobacco
product vending machine. The term includes a retailer as defined by Tax Code,
§
154.001
(Definitions) or §
155.001
(Definitions), and an e-cigarette retailer as
defined by Health and Safety Code, §
147.0001
(Definitions).
(b) Violations and Penalties.
(1) A person commits an offense if the person
markets, advertises, sells, or causes to be sold an e-cigarette product, if the
product's container:
(A) depicts a
cartoon-like fictional character that mimics a character primarily aimed at
entertaining minors, including a superhero, video game character, or character
from an animated television show marketed to minors;
(B) imitates or mimics trademarks or trade
dress of products that are or have been primarily marketed to minors, including
products that are candy, bubble gum, cookies, cereals, juice boxes, or soft
drinks;
(C) includes a symbol that
is primarily used to market products to minors;
(D) includes an image of a celebrity;
or
(E) includes an image that is or
resembles a food product.
(2) A retailer is subject to disciplinary
action as provided by §
3.1204 of this title (relating to
Administrative Remedies for Violations of Health and Safety Code, Chapter 161,
Subchapter H) if the comptroller finds, after notice and an opportunity for a
hearing, that an agent or employee of the retailer marketed, advertised, sold,
or caused to be sold an e-cigarette product in violation of this
section.
Notes
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