SECTION 205.61. Restriction of Access to Aerosol Paint

(a) A business establishment that holds a volatile chemical sales permit under §205.54 of this title (relating to Permit Requirements and Conditions) and that displays aerosol paint shall display the paint:

(1) in a place that is in the line of sight of a cashier or in the line of sight from a workstation normally continuously occupied during business hours;

(2) in a manner that makes the paint accessible to a patron of the business establishment only with the assistance of an employee of the establishment; or

(3) in an area electronically protected, or viewed by surveillance equipment that is monitored, during business hours.

(b) This section does not apply to a business establishment that has in place a computerized checkout system at the point of sale for merchandise that alerts the cashier that a person purchasing aerosol paint must be 18 years of age or older.

(c) This section applies only to a business establishment that is located in a county with a population of 75,000 or more.

Source Note: The provisions of this §205.61 adopted to be effective August 19, 2002, 27 TexReg 7532