Grandfather Law Exemptions For Texas Tobacco Users?

In 2019, the minimum legal age to purchase tobacco in Texas was raised from 18 to 21. This law, known as Senate Bill 21 or Tobacco 21, includes a grandfather clause that exempts individuals born on or before August 31, 2001, from the new age requirement. However, there is some ambiguity in the legislation regarding whether this clause applies only to the purchase or also to the possession and sale of tobacco products. While some retailers in Texas honour the grandfather clause, others do not, citing uncertainty about the law's enforcement and potential legal consequences.

Who is exempt from the new law?

Senate Bill 21, which went into effect on September 1, 2019, raised the legal age for the sale, distribution, possession, purchase, consumption, or receipt of cigarettes, e-cigarettes, or tobacco products in Texas from 18 to 21. However, the new law includes a grandfather clause that exempts certain individuals from the new age requirement.

Specifically, individuals born on or before August 31, 2001, are exempt from the new law. This means that anyone who was 18 years of age or older before September 1, 2019, can still legally purchase cigarettes, e-cigarettes, or tobacco products. For example, a 20-year-old born before August 31, 2001, would be exempt from the new law and could continue to purchase tobacco products.

In addition to the grandfather clause, the new law also includes an exemption for individuals who are at least 18 years of age and in the United States military or state military forces. These individuals must show a valid military identification card at the time of purchase.

It's important to note that retailers are required to comply with the new law and may face penalties for selling tobacco products to minors. The law also removes the previous provision that allowed minors to possess tobacco products in the presence of a parent, guardian, or spouse.

What are the penalties for retailers who violate the law?

In Texas, retailers who sell tobacco products to minors can face a range of penalties, including civil and criminal charges. The penalties for retailers who violate the law by selling tobacco products to minors in Texas are outlined below:

Fines and Monetary Penalties

Retailers who sell tobacco products to minors in Texas may be subject to significant fines. The Texas Comptroller's office has the authority to impose fines of up to $1,000 per violation. Additionally, civil monetary penalties may also be imposed by federal or state authorities.

Business License Revocation

Another possible consequence for retailers who violate the law is the revocation of their business license to sell tobacco products. This penalty can effectively put a retailer out of business or significantly impact their operations.

Jail Time

In some cases, retailers who sell tobacco products to minors may face jail time. This can be a result of criminal charges brought against them by state or federal authorities. The specific penalties can vary depending on the jurisdiction and the severity of the offense.

Permit Suspension or Revocation

Retailers who fail to comply with the law may also face permit suspension or revocation. This penalty can impact their ability to operate their business and sell certain products.

Civil and Criminal Penalties

Violations of the law can result in both civil and criminal penalties. This means that retailers may face legal consequences in the form of lawsuits or criminal charges, or both. The specific penalties will depend on the nature of the violation and the jurisdiction in which it occurred.

Compliance Checks and Training Requirements

To ensure compliance with the law, the United States Food and Drug Administration (FDA) conducts nationwide compliance checks. They utilize individuals under the age of 21 to conduct these compliance tests. Retailers are expected to verify the age of anyone under the age of 27 to prevent sales to minors. Compliance checks help identify retailers who are not adhering to the law.

In addition to the penalties outlined above, retailers in Texas who violate the law by selling tobacco products to minors may also face other consequences, such as negative publicity, damage to their reputation, and loss of business. It is important for retailers to understand the legal age requirements and take the necessary steps to prevent tobacco sales to minors. This includes adequately training their employees and establishing procedures to verify the age of customers.

What are the penalties for minors who violate the law?

In Texas, it is illegal for people under the age of 21 to purchase, possess, use, or accept cigarettes, e-cigarettes, or tobacco products. This includes chewing tobacco, cigars, and any other product that contains tobacco.

Minors who violate the tobacco law in Texas can face a fine of up to $100. They may also be required to perform community service and attend a tobacco awareness program. The completion of the program or service can result in a reduction of the fine by up to 50%, or the charge being dismissed or expunged from the minor's record. A court may also require the minor's parent to attend the tobacco awareness program.

Additionally, effective September 1, 2023, public school students found in possession of a vape or e-cigarette on campus or at a school-sponsored event will be placed in an alternative school. This is a result of House Bill 114, which mandates temporary placement in a Disciplinary Alternative Education Program (DAEP) for students caught with e-cigarettes within 300 feet of school property. The length of the punishment is decided by individual school districts, but it is treated with the same severity as bringing alcohol or drugs to school.

It is important to note that there are collateral consequences to violating tobacco laws as a minor. These can include the loss of college scholarships, difficulty finding employment, and a criminal record that may impact future financial aid or housing opportunities.

What are the requirements for retailers to notify employees of the law?

In Texas, retailers are required by law to notify their employees about tobacco laws and obtain their signatures on Form 69-117, "Cigarette, E-Cigarette and Tobacco Products Retail Employee Notification" as a record of the notification. This form must be provided within 72 hours of the employee beginning to engage in retail sales of cigarettes, e-cigarettes, or tobacco products.

The form itself must contain the name and signature of the employee, their social security number, current address, and the date of their signature. It must also include a correct explanation of the law, and employees must agree to comply with the law as a condition of their employment. The form is available from the Texas Comptroller's office, and retailers can be penalised for failing to notify their employees of the law.

Retailers can use their own form to notify employees of the law, but it must contain the same information as Form 69-117.

What is the Texas Tobacco Hotline?

The Texas Tobacco Hotline is a service that provides information about tobacco-related violations and compliance. The hotline can be reached at 800-345-8647. It is a resource for reporting violations or requesting compliance information.

The Texas Tobacco Prevention and Control Program aims to reduce the negative impact of tobacco use on the health, safety, and well-being of Texans. The program focuses on preventing tobacco use initiation among youth and young adults, promoting quitting, eliminating exposure to secondhand smoke, reducing disparities, and developing statewide capacity to support sustainable tobacco prevention and control efforts.

In addition to the Texas Tobacco Hotline, other resources are available for individuals seeking to quit tobacco use. The Texas Quitline offers free and confidential resources, such as nicotine patches, gums, or lozenges, to those who qualify. This service can be accessed by calling 1-877-YES-QUIT (1-877-937-7848) or visiting www.yesquit.org.

Furthermore, Nicotine Anonymous is a 12-step program that supports individuals in achieving abstinence from nicotine. Those interested can request a free starter kit by calling 1-877-879-6422 or sending an email to info@nicotine-anonymous.org to find out about local group meetings. More information can also be found on their website, www.Nicotine-Anonymous.org.

These resources, including the Texas Tobacco Hotline, demonstrate a comprehensive approach to addressing tobacco-related issues in Texas, aiming to prevent underage tobacco use, assist individuals in quitting, and promote overall healthier lifestyles for Texans.

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