Tobacco Compliance Education Tobacco Retailers and Merchants

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Tobacco Compliance EducationTobacco Retailers
and Merchants

• Texas Comptroller of Public Accounts
• Tobacco Enforcement Program
• www.txtobaccoenforcement.com

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Tobaccos Toll on Texas
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Tobaccos Toll on Texas Youth

• Packs of cigarettes consumed illegally by Texas
  minors each year
• 71.4 million
• www.tobaccofreekids.org/facts_issues/toll_us/texas
  

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Teen Tobacco Usage in the Texas

• Every day in Texas minors under 18 who become new
  daily smokers
• 31,200
• Minors now under 18 and alive in Texas who will
  ultimately die from
• smoking
• 503,000
• www.tobaccofreekids.org/facts_issues/toll_us/

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Cigarettes are Poisonous

• In addition to tobacco, which contains nicotine,
  there are 599 ingredients identified in tobacco
  industry documents that are added to tobacco in
  the manufacturing process.
• Among the added chemicals in a cigarette, at
  least 43 are proven to cause cancer.
• When these chemicals are burned, they create more
  than 4,000 chemical compounds.

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What are Texas Teens Using?

• Cigarettes
• Cigars
• Spit Tobacco
• Pipes

• The top three cigarette brands used are also the
  top three advertised
• Marlboro
• Newport
• Camel

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Ads Influence Teens

• Tobacco messages are everywhere
• Newspapers and magazines
• Movies and television
• Concerts and sporting events
• Outdoor signs

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Legal Intervention

• Senate Bill 55, 75th Legislature (1997)
• New laws were created and older laws were
  enhanced within the Texas Health Safety Code
  and Texas Tax Code
• Youth Access to Tobacco
• Tobacco Possession by Minors
• Tobacco Sales by Retailers
• Tobacco Permits for Retailers

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Senate Bill 55Youth Access to Tobacco

• Focuses on
• Youth Possession
• Merchants
• Advertising

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Tobacco Laws for Minors Health Safety Code

• Prohibits the purchase, possession, and
  consumption by minors under 18 years of age.
• Exception for young employees with adult
  supervision at work.
• Possible penalties are a fine, attendance at a
  tobacco awareness program, or community service
• Failure to comply with the above within 90 days
  can result in a 180 day D.L. suspension or denial.

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Tobacco Law for Retailers Health Safety Code

• Prohibits the sale of cigarettes/tobacco to those
  under 18
• Photo I.D. required to verify age of purchasers
  under the age of 27
• Vendor assisted sales of all tobacco products is
  required
• Vending machines are prohibited expect under
  special circumstances (age restricted venues)
• Requires Comptrollers warning sign posted
  conspicuously to merchant and customer, near
  point-of-sale.

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

• Prohibits the distribution of tobacco product
  samples/coupons to minors
• Prohibits accepting or redeeming such coupons
  from minors
• Prohibits outdoor tobacco advertising within
  1,000 feet of a church or school
• Requires that permit holder notify employees of
  tobacco laws with 72 hours of employment
  (complete Employee Notification Form)
• Keep signed Employee Notification form on file at
  the retail store.

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

• Retailer compliance with tobacco laws is enforced
  through unannounced inspections.
• Two types of inspections
• Compliance Inspection by law enforcement
  officers, and
• Controlled Buys or Stings using undercover
  law enforcement officers and minor decoys.

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Tax CodeTobacco Law for Retailers

• Authorizes and modifies tobacco permit fees.
• Authorizes suspension of permits for tobacco
  retailers in violation of laws
• Prohibits sale of loosies or kiddie packs.

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Penalties for Violations by Retailers

• Violations of the Health Safety Code are Class
  C Misdemeanors
• Violations can result in up to a 500 fine
• Additional administrative penalties can be
  assessed by the Texas Comptroller of Public
  Accounts

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Consequences for Violating the Law

• Clerks can be fined
• Store permit may be jeopardized
• Store penalties

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Where Can I Find This Information?

• The Texas Comptrollers Office distributes a
  retailer packet that includes
• Warning signs
• Informational packet
• Posters
• I.D. tools for employees
• Order the packet by calling 1-800-252-1389

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Employee Checklist

• Check I.D. of anyone who appears to be under age
  27
• Do NOT accept excuses for attempts to purchase
  tobacco without I.D.

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Valid Forms of Identification

• Drivers License
• State issued ID Card
• U.S. Military ID
• U.S. Passport
• U.S. Immigration Card

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Examining the I.D. for Fraud

• Does the photo match the appearance of the
  customer?
• Are there erasure marks or printing that does not
  line up or match?
• Is the plastic laminate intact or not damaged?
• Is the paper damaged around the date-of-birth or
  individuals name section on the I.D.?

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Refusal of Sale

• What if the customer refuses to show the I.D.?
• Be courteous.
• Decline sale and repeat law that prohibits sale
  of tobacco to minors.
• What if the customer becomes abusive?
• Stay calm refer customer to supervisor.
• Notify law enforcement if criminal act occurs.

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How to Avoid a Violation

• Comply with the laws
• Make sure you have a valid tobacco permit
• Educate employees about selling tobacco
• Inspect your store for compliance

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Compliance Works!
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Working Together, We Can Stop Minors From Using
Tobacco In Texas!

• Questions?
• Texas Comptroller of Public Accounts
• [phone]
• www.txtobaccoenforcement.com