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TITLE 34PUBLIC FINANCE
PART 1COMPTROLLER OF PUBLIC ACCOUNTS
CHAPTER 3TAX ADMINISTRATION
SUBCHAPTER JJCIGARETTE AND TOBACCO PRODUCTS REGULATION
RULE §3.1202Warning Notice Signs

(a) Warning Notice Signs. Each person who sells cigarettes or tobacco products at retail or by vending machines 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 or tobacco products may be purchased. It is a violation to intentionally fail to display a sign as prescribed by this section (a Class C misdemeanor).

(b) Sign Distribution. The comptroller upon request will provide the warning notice signs without charge to any person who sells cigarettes or tobacco products, including distributors or wholesale dealers of cigarettes or tobacco products in this state for distribution to persons who sell 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 TOBACCO PRODUCTS BY A MINOR UNDER 18 YEARS OF AGE IS PROHIBITED BY LAW. SALE OR PROVISION OF TOBACCO PRODUCTS TO A MINOR UNDER 18 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."

    (B) 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 to be posted on or near:

    (A) the cash register or check-out stand must be no less than 8-1/2 inches wide by 14 inches in length. The font size for the statutory language that must appear on the sign must be no less than 14-point type. An 8-1/2 inches wide by 14 inches in length warning notice sign must be conspicuous from each cash register or check-out stand where cigarettes or tobacco products may be purchased. If a retailer chooses, an additional 3 inches wide by 7 inches in length warning notice sign may be conspicuously placed on each cash register or check-out stand where cigarettes or tobacco products may be purchased;

    (B) the vending machines 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. The warning notice signs must be displayed in the appropriate locations beginning January 1, 1998.


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

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