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Tobacco Compliance Education Tobacco Retailers and Merchants

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Tobacco Compliance Education Tobacco Retailers and Merchants Texas Comptroller of Public Accounts Tobacco Enforcement Program www.txtobaccoenforcement.com – PowerPoint PPT presentation

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Title: Tobacco Compliance Education Tobacco Retailers and Merchants


1
Tobacco Compliance EducationTobacco Retailers
and Merchants
  • Texas Comptroller of Public Accounts
  • Tobacco Enforcement Program
  • www.txtobaccoenforcement.com

2
Tobaccos Toll on Texas
3
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

4
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/

5
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.

6
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

7
Ads Influence Teens
  • Tobacco messages are everywhere
  • Newspapers and magazines
  • Movies and television
  • Concerts and sporting events
  • Outdoor signs

8
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

9
Senate 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.

14
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.

15
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

16
Consequences for Violating the Law
  • Clerks can be fined
  • Store permit may be jeopardized
  • Store penalties

17
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

18
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.

19
Valid Forms of Identification
  • Drivers License
  • State issued ID Card
  • U.S. Military ID
  • U.S. Passport
  • U.S. Immigration Card

20
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.?

21
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.

22
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

23
Compliance Works!
24
Working Together, We Can Stop Minors From Using
Tobacco In Texas!
  • Questions?
  • Texas Comptroller of Public Accounts
  • (888) 284-2151
  • www.txtobaccoenforcement.com
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