Cigarettes, E-Cigarette and Tobacco Products Regulation Frequently Asked Questions

Merely posting a sign is not sufficient. However, as long as the liquor store has a policy of never allowing underage individuals in the store and strictly enforces this policy by checking identification or otherwise verifying a person's age, the ban on direct customer access to the cigarettes, e-cigarettes and tobacco products does not apply.

The law requires that retailers may not offer cigarettes, e-cigarettes or tobacco products for sale in a manner that customers can directly access them (see Health and Safety Code Section 161.086). Because underage individuals are occasionally allowed into the area and may have direct access to the cigarettes and e-cigarettes, this area is not in compliance. However, if the grocery store owner did not allow anyone under the age of 21 in the tobacco shop at any time, then the area would be in compliance.

The law requires that retailers may not offer cigarettes, e-cigarettes or tobacco products for sale in a manner that customers can directly access them. Because the cigarettes or e-cigarettes are enclosed behind a locked, plastic case, they are inaccessible to the public and the area complies with SB 55 requirements.

The law requires that retailers may not offer cigarettes, e-cigarettes or tobacco products for sale in a manner that customers can directly access them. If the display case is directly accessible to customers, then it is not in compliance. However, if the same display case is behind the store's counter and is not accessible to the public, then it would be in compliance because of its location.

The law requires that retailers may not offer cigarettes, e-cigarettes or tobacco products for sale in a manner that customers can directly access them. If the hinged lid is easily opened and placed on the counter in such a manner that a customer can access it, then the display is not in compliance.

Yes. The law defines a sign as an outdoor medium only. The ban on signs within 1,000 feet of a church or school does not apply to signs inside the store.

The distance is measured from a point on a street or highway closest to the sign to the property line of the church or school.

Only private or public elementary or secondary schools are within the definition of “school” for the purposes of this law; consequently, a day care center would not be included in the ban. However, if the day care is in a church, then the ban on cigarette, e-cigarettes or tobacco product advertising applies.

A lockout device or a remote control installed on a vending machine does not meet the law's requirement that the machine must be inaccessible to customers (see Health and Safety Code, Section 161.086). A retailer may make the machine inaccessible by physically moving the machine behind the counter of the retail establishment. At the time of sale, the retailer's employee must determine the age of the purchaser and obtain the product from the vending machine for the customer.

The law states that a retailer may not install or maintain a vending machine containing cigarettes, e-cigarettes or tobacco products unless the vending machine is inaccessible to your customers, or unless you forbid individuals under the age of 21 from being on the premises at any time. For example, a vending machine is permissible behind a counter where only employees have access to it, since employees who obtain cigarettes or e-cigarettes from the machine at a customer's request will complete the sale. At the time of sale, your employees must determine the age of the purchaser and obtain the product from the vending machine for the purchaser.

Yes. However, the information required by statute must be on the form (name and signature of employee, social security number, current address of employee, and date of signature), and it must contain a correct explanation of the law. Employees must agree to comply with the law as a condition of employment.

The law requires a retailer obtain a signed employee notification form from their employee indicating the employee has received the notice required by law, the employee understands the law and the employee, as a condition of employment, agrees to comply with the law (see Health and Safety Code, Section 161.085). An oral notification by the retailer would not meet these requirements.

The law only requires that a retailer’s employees complete the employee notification form. This requirement does not extend to volunteers.

Yes. Under the law, a person under 21 may possess cigarettes or e-cigarettes in the presence of an employer if possession is required to perform employee duties.

The law requires an employee notification form to be completed for each employee who is to be engaged in the retail sale of cigarettes, e-cigarettes or tobacco products (see Health and Safety Code, Section 161.085). If the employee in question will never sell cigarettes or e-cigarettes, then it is not necessary for that employee to complete a form.

The federal minimum age is 21 for the purchase of tobacco products, including cigarettes, cigars and e-cigarettes, with no exceptions.

The Texas legal age is 21 for the purchase, distribution, possession, purchase, consumption or receipt of cigarettes, e-cigarettes or tobacco products.

Although Texas law provides exceptions to the 21-year age requirement for individuals who are 18 and in the United States or state military forces and individuals who were born on or before Aug. 31, 2001, these exceptions are not found in the federal statute. Based on the current federal legislation, selling to any person under 21 is a violation of federal law. Please visit the FDA website for more information.

The Comptroller of Public Accounts will continue to enforce state law, including requiring the posting of warning notice signs with the statutory language and completion of employee notification forms.

The Comptroller’s new Tobacco and E-Cigarette Sales Warning Signs addressing the federal age requirements are available on the Retailer Forms and Publications webpage.

A retailer cannot sell cigarettes, e-cigarettes or tobacco products to a person under 21 after Sept. 1, 2019, unless:

• the purchaser was born on or before Aug. 31, 2001 (they were 18 or older before Sept. 1, 2019); or
• the purchaser is at least 18 and in the United States military forces or state military forces.

Neither an employee nor a retailer is subject to a fine for failing to request identification (an ID card) from someone under the age of 30, as long as the customer purchasing the cigarettes, e-cigarettes or tobacco products is 21 or older.

If possible, contact a local law enforcement officer. SB 55 does not require or authorize the retailer to confiscate the identification; consequently, it is the retailer's decision whether to confiscate the identification or not.

The law requires that a retailer not sell cigarettes, e-cigarettes or tobacco products to anyone under the age of 21 (see Health and Safety Code, Section 161.082). Although the law does not require a retailer to repeatedly card a customer that he or she knows is 21 or over, as a matter of practice, he or she may want to continue to card the customer as a precaution – just as a bank would repeatedly ask for identification of a regular customer who cashes a check. This is a recommended safeguard to prevent a retailer or retailer's employee from violating the law.

No. The definitions for cigarettes and tobacco products are found in Tax Code Section 154.001, Definitions and Tax Code Section 155.001, Definitions. The definition for tobacco product includes a cigar, smoking tobacco, chewing tobacco, snuff, and a product that is made of tobacco or a tobacco substitute.

No. Herbal cigarettes or chew that do not contain any tobacco are not restricted by this legislation.

The law prohibits a person from distributing to individuals younger than 21, free samples of cigarettes, e-cigarettes or tobacco products or coupons or other items that the recipient may use to receive free or discounted cigarettes or tobacco products (see Health and Safety Code, Section 161.087).

If you are cited by a local law enforcement official, you should follow the instructions found on the citation. If the violation was reported by a representative of the Comptroller’s office, you will receive a written notice of violation that includes information regarding your options for resolving the matter.

To report the violation, call the Comptroller's Tobacco Compliance Hotline at 800-531-5441, ext. 33731 or the Texas Department of Health at 800-345-8647.