(a) The Health and Safety Code, §161.081, requires that each person who sells tobacco products at retail or by vending machine shall post a sign in a location that is conspicuous to all employees and customers and that is close to the place at which the tobacco products may be purchased. Section 161.082 also requires the Board of Health to determine the design and size of the sign. To implement this provision, the Board of Health has approved a sign to be placed on vending machines and a sign to be placed close to a cash register or check-out stand. The design and minimum size of each sign are as follows.
  (1) The minimum size of the sign to be posted close to the cash register or check-out stand shall be 8 1/2 by 11 inches. The sign shall be printed black on goldenrod colored paper or stock. The design of the sign, including wording and minimum print size, shall be as shown in the replica published as follows.
Attached Graphic
  (2) The minimum size of the sign to be posted close to the vending machine shall be three by seven inches. The sign shall be printed black on goldenrod colored paper or stock. The design of the sign, including wording and minimum print size, shall be as shown in the replica published as follows.
Attached Graphic
(b) The department on request shall provide the sign without charge to any person who sells tobacco products. The department will provide the sign without charge to distributors or wholesale dealers of tobacco products in this state for distribution to persons who sell tobacco products.
(c) Requests for signs shall be made to the Texas Department of Health, Literature and Forms Division, Warehouse Facility, 1100 West 49th Street, Austin, Texas 78756-3199. A requestor shall indicate the warehouse stock number (#4-171 for vending machine signs, #4-171A for vending machine signs in Spanish, #4-172 for cash register or check-out area signs, and #4-172A for cash register or check-out area signs in Spanish), the number of signs desired, and the person and address to whom the signs are to be mailed.
(d) Retailers and wholesalers may develop their own signs provided they meet the minimum size specifications and the designs (including wording and minimum print size) for the signs as described in subsection (a) of this section. A wholesaler or retailer may submit a sample of its proposed sign for review to the department's Office of Smoking and Health, 1100 West 49th Street, Austin, Texas 78756.

Source Note: The provisions of this §1.104 adopted to be effective August 23, 1995, 20 TexReg 6017