Tobacco Compliance Tobacco Compliance EducationEducation

Tobacco Retailers and MerchantsTobacco Retailers and Merchants

Texas Comptroller of Public AccountsTexas Comptroller of Public AccountsTobacco Enforcement ProgramTobacco Enforcement Program

www.txtobaccoenforcement.comwww.txtobaccoenforcement.com

Tobacco’s Toll on TexasTobacco’s Toll on Texas

Tobacco’s Toll on Texas Tobacco’s Toll on Texas YouthYouth

Packs of cigarettes Packs of cigarettes consumed illegally by consumed illegally by Texas minors each year:Texas minors each year:

– 66.1 million66.1 million

www.tobaccofreekids.org/facts_issues/toll_us/texaswww.tobaccofreekids.org/facts_issues/toll_us/texas

Teen Tobacco Usage in the Teen Tobacco Usage in the TexasTexas

Every day in Texas Every day in Texas minors under 18 who minors under 18 who become new daily become new daily smokers:smokers:

23,00023,000

Minors now under 18 Minors now under 18 and alive in Texas who and alive in Texas who will ultimately die from will ultimately die from

smoking:smoking:

498,000498,000

www.tobaccofreekids.org/facts_issues/toll_us/www.tobaccofreekids.org/facts_issues/toll_us/

Cigarettes are Cigarettes are PoisonousPoisonous

In addition to tobacco, which contains In addition to tobacco, which contains nicotine, there are nicotine, there are 600 ingredients600 ingredients identified identified in tobacco industry documents that are added in tobacco industry documents that are added to tobacco in the manufacturing process.to tobacco in the manufacturing process.

Among the added chemicals in a cigarette, at Among the added chemicals in a cigarette, at least least 69 are proven to cause cancer69 are proven to cause cancer. .

When these chemicals are burned, they create When these chemicals are burned, they create more than more than 7,000 chemical compounds7,000 chemical compounds. .

What are Texas Teens What are Texas Teens Using?Using?

CigarettesCigarettes

CigarsCigars

Spit TobaccoSpit Tobacco

PipesPipes

The top three The top three cigarette brands cigarette brands used are also the used are also the top three top three advertised:advertised:– MarlboroMarlboro– NewportNewport– CamelCamel

Ads Influence TeensAds Influence Teens

Tobacco messages Tobacco messages are everywhere:are everywhere:

Newspapers and Newspapers and magazinesmagazines

Movies and Movies and televisiontelevision

Concerts and Concerts and sporting eventssporting events

Outdoor signsOutdoor signs

Legal InterventionLegal Intervention

Senate Bill 55, 75Senate Bill 55, 75thth Legislature Legislature (1997)(1997)– New laws were created and older laws New laws were created and older laws

were enhanced within the Texas Health were enhanced within the Texas Health & Safety Code and Texas Tax Code& Safety Code and Texas Tax Code

Youth Access to TobaccoYouth Access to Tobacco Tobacco Possession by Minors Tobacco Possession by Minors Tobacco Sales by RetailersTobacco Sales by Retailers Tobacco Permits for RetailersTobacco Permits for Retailers

Senate Bill 55:Senate Bill 55:Youth Access to TobaccoYouth Access to Tobacco

Focuses on:Focuses on:– Youth PossessionYouth Possession– MerchantsMerchants– AdvertisingAdvertising

Tobacco Laws for Minors Tobacco Laws for Minors Health & Safety CodeHealth & Safety Code

Prohibits the purchase, possession, and Prohibits the purchase, possession, and consumption by minors under 18 years of age.consumption by minors under 18 years of age.– Exception for young employees with adult Exception for young employees with adult

supervision at work.supervision at work.

Possible penalties are a fine, attendance at a Possible penalties are a fine, attendance at a tobacco awareness program, or community tobacco awareness program, or community serviceservice

Failure to comply with the above within 90 Failure to comply with the above within 90 days can result in a 180 day D.L. suspension days can result in a 180 day D.L. suspension or denial.or denial.

Tobacco Law for Retailers Tobacco Law for Retailers Health & Safety CodeHealth & Safety Code

Prohibits the sale of cigarettes/tobacco to those Prohibits the sale of cigarettes/tobacco to those under 18under 18

Photo I.D. required to verify age of purchasers Photo I.D. required to verify age of purchasers under the age of 27under the age of 27

Vendor assisted sales of all tobacco products is Vendor assisted sales of all tobacco products is requiredrequired

Vending machines are prohibited expect under Vending machines are prohibited expect under special circumstances (age restricted venues)special circumstances (age restricted venues)

Requires Comptroller’s warning sign posted Requires Comptroller’s warning sign posted conspicuously to merchant and customer, near conspicuously to merchant and customer, near point-of-sale.point-of-sale.

Prohibits the distribution of tobacco product Prohibits the distribution of tobacco product samples/coupons to minorssamples/coupons to minors

Prohibits accepting or redeeming such coupons Prohibits accepting or redeeming such coupons from minorsfrom minors

Prohibits outdoor tobacco advertising within Prohibits outdoor tobacco advertising within 1,000 feet of a church or school1,000 feet of a church or school

Requires that permit holder notify employees of Requires that permit holder notify employees of tobacco laws with 72 hours of employment tobacco laws with 72 hours of employment (complete Employee Notification Form)(complete Employee Notification Form)

Keep signed Employee Notification form on file at Keep signed Employee Notification form on file at the retail store.the retail store.

Tobacco Law for Retailers Tobacco Law for Retailers Health & Safety Code, Health & Safety Code, (cont.)(cont.)

Tobacco Law for Retailers Tobacco Law for Retailers Health & Safety Code, Health & Safety Code, (cont.) (cont.)

Retailer compliance with tobacco laws Retailer compliance with tobacco laws is enforced through unannounced is enforced through unannounced inspections.inspections.

Two types of inspections:Two types of inspections:– ““Compliance Inspection” by law Compliance Inspection” by law

enforcement officers, andenforcement officers, and– ““Controlled Buys” or “Stings” using Controlled Buys” or “Stings” using

undercover law enforcement officers undercover law enforcement officers and minor decoys.and minor decoys.

Tax CodeTax CodeTobacco Law for Tobacco Law for

RetailersRetailers Authorizes and modifies tobacco Authorizes and modifies tobacco

permit fees.permit fees.

Authorizes suspension of permits for Authorizes suspension of permits for tobacco retailers in violation of lawstobacco retailers in violation of laws

Prohibits sale of “loosies” or “kiddie” Prohibits sale of “loosies” or “kiddie” packs.packs.

Penalties for Violations Penalties for Violations by Retailersby Retailers

Violations of the Health & Safety Code Violations of the Health & Safety Code are Class C Misdemeanorsare Class C Misdemeanors

Violations can result in up to a $500 Violations can result in up to a $500 finefine

Additional administrative penalties can Additional administrative penalties can be assessed by the Texas Comptroller be assessed by the Texas Comptroller of Public Accountsof Public Accounts

Consequences for Consequences for Violating the LawViolating the Law

Clerks can be Clerks can be finedfined

Store permit may Store permit may be jeopardizedbe jeopardized

Store penaltiesStore penalties

Where Can I Find This Where Can I Find This Information?Information?

The Texas The Texas Comptroller’s Office Comptroller’s Office distributes a retailer distributes a retailer packet that includes:packet that includes:– Warning signsWarning signs– Informational packetInformational packet– PostersPosters– I.D. tools for employeesI.D. tools for employees

Order the packet by Order the packet by calling: 1-800-252-calling: 1-800-252-13891389

Employee ChecklistEmployee Checklist

Check I.D. of anyone Check I.D. of anyone who appears to be who appears to be under age 27under age 27

Do NOT accept Do NOT accept excuses for excuses for attempts attempts to purchase tobacco to purchase tobacco without I.D.without I.D.

Valid Forms of Valid Forms of IdentificationIdentification

Driver’s LicenseDriver’s License State issued ID State issued ID

CardCard U.S. Military IDU.S. Military ID U.S. PassportU.S. Passport U.S. Immigration U.S. Immigration

CardCard

Examining the I.D. for Examining the I.D. for FraudFraud

Does the photo match the appearance Does the photo match the appearance of the customer?of the customer?

Are there erasure marks or printing that Are there erasure marks or printing that does not line up or match?does not line up or match?

Is the plastic laminate intact or not Is the plastic laminate intact or not damaged?damaged?

Is the paper damaged around the date-Is the paper damaged around the date-of-birth or individuals name section on of-birth or individuals name section on the I.D.?the I.D.?

Refusal of SaleRefusal of Sale

What if the customer refuses to show the What if the customer refuses to show the I.D.?I.D.?– Be courteous.Be courteous.– Decline sale and repeat law that prohibits sale Decline sale and repeat law that prohibits sale

of tobacco to minors.of tobacco to minors.

What if the customer becomes abusive? What if the customer becomes abusive? – Stay calm; refer customer to supervisor.Stay calm; refer customer to supervisor.– Notify law enforcement if criminal act occurs.Notify law enforcement if criminal act occurs.

How to Avoid a How to Avoid a ViolationViolation

Comply with the lawsComply with the laws

Make sure you have a Make sure you have a valid tobacco permitvalid tobacco permit

Educate employees Educate employees about selling tobaccoabout selling tobacco

Inspect your store for Inspect your store for compliancecompliance

Compliance Works!Compliance Works!

Working Together, We Can Stop Working Together, We Can Stop Minors From Using Tobacco In Minors From Using Tobacco In

Texas!Texas!

Questions?Questions?

Texas Comptroller of Texas Comptroller of Public AccountsPublic Accounts

(888) 284-2151(888) 284-2151

www.txtobaccoenforcement.cwww.txtobaccoenforcement.comom