Title: Tobacco Compliance Education Tobacco Retailers and Merchants
1Tobacco Compliance EducationTobacco Retailers
and Merchants
- Texas Comptroller of Public Accounts
- Tobacco Enforcement Program
- www.txtobaccoenforcement.com
2Tobaccos Toll on Texas
3Tobaccos 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
4Teen 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/
5Cigarettes 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.
6What are Texas Teens Using?
- Cigarettes
- Cigars
- Spit Tobacco
- Pipes
- The top three cigarette brands used are also the
top three advertised - Marlboro
- Newport
- Camel
7Ads Influence Teens
- Tobacco messages are everywhere
- Newspapers and magazines
- Movies and television
- Concerts and sporting events
- Outdoor signs
8Legal 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
9Senate Bill 55Youth Access to Tobacco
- Focuses on
- Youth Possession
- Merchants
- Advertising
10 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.
11 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.
12 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.
13 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.
14Tax 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.
15Penalties 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
16Consequences for Violating the Law
- Clerks can be fined
- Store permit may be jeopardized
- Store penalties
17Where 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
18Employee 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.
19Valid Forms of Identification
- Drivers License
- State issued ID Card
- U.S. Military ID
- U.S. Passport
- U.S. Immigration Card
20Examining 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.?
21Refusal 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.
22How 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
23Compliance Works!
24Working Together, We Can Stop Minors From Using
Tobacco In Texas!
- Questions?
- Texas Comptroller of Public Accounts
- (888) 284-2151
- www.txtobaccoenforcement.com