Federal Tobacco 21 law and Texas Health and Safety Code Section 161.082 prohibit selling tobacco, e-cigarettes, or vape products to anyone under 21. Austin enforces compliance through Austin Public Health inspections and sting operations.
The federal Tobacco 21 amendment to the Family Smoking Prevention and Tobacco Control Act, enacted December 2019, raised the minimum sales age nationwide to 21 for cigarettes, cigars, smokeless tobacco, and e-cigarettes. Texas Health and Safety Code Section 161.082 mirrors this requirement, with a narrow exemption for active-duty military members 18 or older with valid military identification. Retailers must verify ID for any buyer appearing under 30. Sales to minors are a misdemeanor offense, and possession by minors can result in citations up to $250. Austin Public Health partners with state enforcers to conduct undercover compliance checks. Repeat violations can trigger Comptroller permit revocation, ending legal tobacco sales at that location.
Selling tobacco to a person under 21 is a Class C misdemeanor with fines up to $500 per offense plus state permit suspension; minors face fines up to $250 and tobacco-awareness program requirements.
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See how Austin's tobacco age restrictions rules stack up against other locations.
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