Glue and related substances—Sale, possession, etc.
Houston Code of Ordinances § 28-21
in effectSec. 28-21. - Glue and related substances—Sale, possession, etc.
(A) Definitions. The following definitions shall apply to the construction and application of this section:
(1) Possession shall mean actual care, custody, control or management.
(2) Abusable glue, aerosol paint or aerosol shoeshine product shall mean any glue, aerosol paint or aerosol shoeshine containing any one or more of the following solvents:
(a) Acetone.
(b) Amyl acetate.
(c) Benzol or benzene.
(d) Butyl acetate.
(e) Butyl alcohol.
(f) Carbon tetrachloride.
(g) Chloroform.
(h) Cyclohexanone.
(i) Ethanol or ethyl alcohol.
(j) Ethyl acetate.
(k) Hexane.
(l) Isopropanol or isopropyl alcohol.
(m) Isopropyl acetate.
(n) Methyl "cellosolve" acetate.
(o) Methyl ethyl ketone.
(p) Methyl isobutyl ketone.
(q) Toluol or toluene.
(r) Trichlorethylene.
(s) Tricresyl phosphate.
(t) Xylol or xylene.
(B) Sale, deliver, etc., to minors. It shall be unlawful for a person to knowingly sell, offer for sale, deliver, give or make available to any individual under the age of 18 years any abusable glue, aerosol paint or aerosol shoeshine product or any substance containing one or more of the following volatile chemicals:
(1) Toluol.
(2) Hexane.
(3) Trichlorethylene.
(4) Acetone.
(5) Toluene.
(6) Ethyl acetate.
(7) Methyl ethyl ketone.
(8) Trichloroethane.
(9) Carbon tetrachloride.
(10) Methanol.
(11) Methyl isobutyl ketone.
(12) Methyl cellosolve acetate.
(13) Cyclohexanone.
(14) Amyl nitrite.
(15) Butyl nitrite.
(16) Nitrous oxide.
(17) Chloroform.
(18) Diethyl ether.
(C) Labeling—On products for sale. It shall be unlawful for a person to knowingly sell or offer for sale any abusable glue, aerosol paint or aerosol shoeshine product or any substance or product containing one or more of the volatile chemicals listed in subsection (B) herein in less than five-gallon quantities, unless the label for such product clearly lists said volatile chemical or chemicals as a component therein.
(D) Same—On manufactured products. It shall be unlawful for a person to knowingly manufacture, mix, or otherwise prepare for sale or distribution for sale any abusable glue, aerosol paint or aerosol shoeshine product or a substance or product which contains one or more of the volatile chemicals listed in subsection (B) herein, unless the label for such substance or product clearly lists said volatile chemical or chemicals as a component therein. The provisions of this subsection (D) shall not apply to a substance or product manufactured, mixed, or otherwise prepared for sale or distribution for sale in interstate commerce.
(E) Sign at point of sale. It shall be unlawful for a person to knowingly sell, offer for sale, or display for sale, any abusable glue, aerosol paint or aerosol shoeshine product unless such person prominently displays a sign at the point of sale of such product stating that it is unlawful to sell or otherwise transfer possession to anyone under the age of 18 any abusable glue, aerosol paint or aerosol shoeshine product. Such sign shall be a minimum of ten inches wide by 15 inches in length and must contain the statement required by this subsection in letters at least one-half inch high and an eighth of an inch wide and shall state the following:
"Unlawful to sell or make available to anyone under the age of eighteen (18) any abusable glue, aerosol paint or aerosol shoeshine product containing:
(1) Acetone;
(2) Amyl acetate;
(3) Benzol or benzene;
(4) Butyl acetate;
(5) Butyl alcohol;
(6) Carbon tetrachloride;
(7) Chloroform;
(8) Cyclohexanone;
(9) Ethanol or ethyl alcohol;
(10) Ethyl acetate;
(11) Hexane;
(12) Isopropanol or isopropyl alcohol;
(13) Isopropyl acetate;
(14) Methyl "cellosolve" acetate;
(15) Methyl ethyl ketone;
(16) Methyl isobutyl ketone;
(17) Toluol or toluene;
(18) Trichlorethylene;
(19) Tricresyl phosphate; or
(20) Xylol or xylene."
(F) Proof of age. It shall be a prima facie presumption that a person selling, offering for sale, delivering, giving, otherwise transferring possession or making available any abusable glue, aerosol paint or aerosol shoeshine product to a purchaser or transferee knew such was under the age of 18 years, unless such person asked for and was furnished one of the following proofs of age prior to such sale, offer for sale, delivery, gift or other offer of availability:
(1) A current driver's license from Texas or another state within the United States;
(2) An identification card issued by the Texas Department of Public Safety; or
(3) A current passport.
(G) Possession with intent to inhale. It shall be unlawful for a person to have in his possession any abusable glue, aerosol paint or aerosol shoeshine products or any substance containing one or more of the volatile chemicals listed in subsection (B) herein with the intent to inhale such products or chemicals.
(H) Prescription of physicians, dentists, etc. It shall be a defense to any prosecution under this section that any abusable glue, aerosol paint or aerosol shoeshine product or any substance containing one or more of the volatile substances listed in subsection (B) was sold, offered for sale, delivered, given, or made available by a duly licensed physician, dentist or veterinarian, or by a scientific investigator in the course of professional practice or research in this state.
(I) Prescription by medical institutions. It shall be a defense to any prosecution under this section that any abusable glue, aerosol paint or aerosol shoeshine product substance or any substance containing one or more of the volatile substances listed in subsection (B) or was sold, offered for sale, delivered, given or made available by a pharmacy, hospital, or other institution licensed or registered to dispense such substance in the course of professional practice or research in this state.
(Code 1968, § 28-45; Ord. No. 78-1330, § 1, 6-28-78; Ord. No. 83-50, § 1, 1-12-83)
Source: City of Houston, Code of Ordinances and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/houston/codes/code_of_ordinances?nodeId=COOR_CH28MIOFPR_ARTIINGE_S28-21GLRESUALPOETFetched: 10/26/2026