SECTION 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 [phone]. 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