Tobacco Access & Youth: Merchant Education

Gordon Dymowski

Eastern Regional Support Center

Goals of Training

To gain insight into tobacco & youth issues To become familiar with state laws about

tobacco retail & youth To learn how to spot fake identification To learn how to decline sales when

appropriate

In Your Folders…

Copy of Power Point Presentation

Small booklet – referred to in presentation

Information about youth access

New MO ID information

To Be Turned In Evaluation One Signed Certificate

Why Reduce Sales to Minors?

• Trends in teen smoking• Tobacco is a gateway drug• Healthier teens

Teen Trends in Smoking

Tobacco is a Gateway Drug

Tobacco teaches kids the following… how to get illegal drugs how to hide their behavior how to inhale drugs to get a mood swing how to deny what they have been taught

since kindergarten about how unsafe tobacco is

how to disrespect laws

Smoke Free Teens

About 90% of current adult smokers report that they started smoking before the age of 18.

–Institute of Medicine

Daily in the United States an estimated 3,000 people

begin to use tobacco; 90% of which are under the age of 18.

Don’t let your business go up in smoke!

What you should know!What you should do!

What you should know...

The 1992 Missouri Clean Indoor Air Legislation states that "no person shall sell any tobacco product or distribute any tobacco product or rolling paper to any minor." A minor is defined as a person under the age of eighteen.

What you should do...

Develop procedures to ensure

that all sales of tobacco

products are legal.

Who can legally purchase these products?

In the State of Missouri, a person must be 18

years of age to legally purchase tobacco

products.

Under 18

State & Federal Law Covers “Restricted Tobacco Products”:

• Cigarettes• Cigars• Chewing Tobacco• Snuff• Pipe Tobacco• Smokeless

Tobacco• Rolling Papers

Depending on local ordinances, penalties for illegal sales (employees)

could include …

Criminal misdemeanor fine

Court costs

Losing your job

It’s just not worth it for a

$3.00 pack of cigarettes!

Federal Law - Synar Amendment

• Amendment to public law 102-321 sec 1926

• All states must enact & enforce laws prohibiting manufacturers, retailers, and distributors from selling tobacco to minors under 18

• Random, unannounced compliance inspections

• Maximum sales to minors must be less than 20% by FY 2003

• If not compliant, risk losing about 40% in block grant money for substance abuse treatment

SYNAR Compliance Inspections

• Statewide compliance visits are performed to establish the State’s official compliance rate.

• Merchants who refuse to sell to minors during a compliance inspection receive a "Notice of Compliance" letter from the Division of Alcohol & Drug Abuse.  Alternately those merchants who indicate they are willing to sell to a minor will receive a "Notice of Non-Compliance" letter.

• Regular compliance inspections are done throughout the year.

407.926 - General Retail (p. 2, 4)

• Retailers must deny all sales of tobacco to minors under age 18

• Cannot distribute tobacco products via mail or Internet ($250 first violation, $500 second violation)

• Cannot break open packs of cigarettes and sell individually

Hi!Hi!

I Might Be Checking For

The State.

Section 407.931 of the Revised Missouri

Statutes states that those in violation

shall be fined accordingly:

First Offense; $25

Second Offense; $100

Third and all subsequent offenses: $250

No person shall sell any tobacco product or distribute any No person shall sell any tobacco product or distribute any tobacco product or rolling paper to any minor...tobacco product or rolling paper to any minor...

407.927 - Required Sign (p. 2, 4)

• Depiction of pack of cigarettes at least two inches high defaced by red diagonal diameter of surrounding circle & words “under 18” placed on displays and vending machines

• says in red letters at least one-half inch high on white background: “It is a violation of state law for cigarettes or other tobacco products to be sold or otherwise provided to any person under the age of 18 or for such person to purchase, attempt to purchase, or possess cigarettes or other tobacco products”

Things to Note on Signs

• Must be placed on all tobacco displays & vending machines

• Can order signs through Division of Alcohol & Drug Abuse at (573) 751-4942

• Contact Prevention Specialist for signage and other materials if needed

407.928 - Individual Packs & Vending Machines (p. 2, 4)

No person can sell individual packs of cigarettes or smokeless tobacco unless

Sold through a vending machine; orDisplayed behind check-out counter or

within unobstructed line of sight from sales clerk or checkout attendant

407.929 - Proof of Age (p. 3)

• Anyone selling tobacco products, rolling papers, or distributing tobacco samples shall require proof of age from prospective purchaser/recipient if ordinary person could conclude on basis of appearance that person may be under 18 years of age

• You cannot accept any ID that is damaged (holes, taped together, bent)

• Forms of ID include state operator’s/chauffeur's license,

state ID card, military ID card, valid passport

How to Determine False ID

• See if information matches & fonts line up

• Never accept expired ID

• Dark & fuzzy picture usually copy

• See if state seal incomplete

• Have person sign name & compare

• Feel for pin holes, thick lamination

• Reverse side - is it a cutout? Faded?

• Use ID guide

• If it says valid, it isn’t

• Ask for basic information on ID, as well as 2nd form of ID

Do I have to check everyone’s ID?

• No!

• If you have a regular customer whom you

know is 18 or over because he or she has

presented a valid ID card in the past, you do

not need to ask for proof of age every time

the customer wants to buy a tobacco product.

How to Refuse Sales to Individual

• Remove product from person’s reach so they cannot grab & run

• Continue processing other items, and move to next customer

• Be Polite & Say:

No, I’m sorry, but• You have to be 18

or over to buy tobacco

• it’s against the law for me to sell tobacco to you

• I could lose my job• I could be fined if I

sell tobacco to you

Protect yourself and your job…

Keep all tobacco or tobacco products, except cigars, in its original factory-wrapped container.

SECOND PARTY SALE/ILLEGAL DISTRIBUTION

Some retailers establish company policy that allows clerks the option to refuse a sale based on the belief that the customer may be purchasing for a minor.

If you have a feeling that someone is buying tobacco products for a youth, let them know they can be fined for providing tobacco to a minor.

HOSTILE CUSTOMERS

Follow your company policy!

If person throws money down & runs with cigarette…

• Do not ring up sale• Consider what

happened a theft, since you had refused sale

• Make appropriate calls & follow company policy

Protect yourself and your job ...

Remember!As with alcohol, purchasing tobacco products

in the State of Missouri is a privilege.IT IS NOT A RIGHT!

The law is on your side!

YOU HAVE THE RIGHT TO REFUSE THE SALE!

Community Strategies to Reduced Youth Tobacco Use

• Restrict tobacco advertising to youth

• Educate retail clerks

• Post approved warning signs

• Prevent sales to minors through ID Checks

Strategies, cont....

• Enforce existing laws

• Implement Public Awareness Campaigns

• Change Community Norms and Attitudes

• Impact Community / Social Policies

Community Strategies

Which strategies could you help with?

WEB Tobacco Resources • Web site: www.dhss.mo.gov

• There you will find...*Smoking And Tobacco/98flwebg.html

To Finish…why is not selling to youth important?

It will save the health of our youth It’s the law It affects your bottom line – you can avoid fines and

further penalties It affects your reputation – do you want to be known as

the store that sells cigarettes to kids? What else would you sell?

Journal of Marketing: kids are three times more sensitive to tobacco advertising than adults and are more likely to be influenced to smoke by cigarette marketing than by peer pressure

Something to Consider…

“Cigarette people [i.e, the tobacco industry] maintain peer pressure is the culprit in getting kids to start smoking and advertising has little effect. That’s like saying cosmetic ads have no effect on girls too young to put on lipstick”

--Advertising Age

QUESTIONS??

Don’t be shy.

Who wants to be first?

Speak up! Let’s hear

those questions and

comments.

Thanks for coming today!

• Please turn in evaluations

• Please sign certificates - keep one for records; turn in other one

Questions? Please feel free to contact

Gordon DymowskiPrevention Specialist

NCADA8790 Manchester

St Louis MO 63144(314) 962-3456 x/320

gdymowski@ncada-stl.org