Tobacco Compliance Education Tobacco Retailers and Merchants Texas Comptroller of Public Accounts Tobacco Enforcement Program

Tobacco’s Toll on Texas

Tobacco’s Toll on Texas Youth Packs of cigarettes consumed illegally by Texas minors each year: Packs of cigarettes consumed illegally by Texas minors each year: – 66.1 million

Teen Tobacco Usage in the Texas Every day in Texas minors under 18 who become new daily smokers: Every day in Texas minors under 18 who become new daily smokers: 23,000 23,000 Minors now under 18 and alive in Texas who will ultimately die from Minors now under 18 and alive in Texas who will ultimately die from smoking: smoking: 498, ,000www.tobaccofreekids.org/facts_issues/toll_us/

Cigarettes are Poisonous In addition to tobacco, which contains nicotine, there are 600 ingredients identified in tobacco industry documents that are added to tobacco in the manufacturing process. In addition to tobacco, which contains nicotine, there are 600 ingredients identified in tobacco industry documents that are added to tobacco in the manufacturing process. Among the added chemicals in a cigarette, at least 69 are proven to cause cancer. Among the added chemicals in a cigarette, at least 69 are proven to cause cancer. When these chemicals are burned, they create more than 7,000 chemical compounds. When these chemicals are burned, they create more than 7,000 chemical compounds.

What are Texas Teens Using? Cigarettes Cigarettes Cigars Cigars Spit Tobacco Spit Tobacco Pipes Pipes The top three cigarette brands used are also the top three advertised: The top three cigarette brands used are also the top three advertised: –Marlboro –Newport –Camel

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

Legal Intervention Senate Bill 55, 75 th Legislature (1997) Senate Bill 55, 75 th 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 Youth Access to Tobacco Tobacco Possession by Minors Tobacco Possession by Minors Tobacco Sales by Retailers Tobacco Sales by Retailers Tobacco Permits for Retailers Tobacco Permits for Retailers

Senate Bill 55: Youth Access to Tobacco Focuses on: Focuses on: –Youth Possession –Merchants –Advertising

Tobacco Laws for Minors Health & Safety Code Tobacco Laws for Minors Health & Safety Code Prohibits the purchase, possession, and consumption by minors under 18 years of age. 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 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. Failure to comply with the above within 90 days can result in a 180 day D.L. suspension or denial.

Tobacco Law for Retailers Health & Safety Code Tobacco Law for Retailers Health & Safety Code Prohibits the sale of cigarettes/tobacco to those under 18 Prohibits the sale of cigarettes/tobacco to those under 18 Photo I.D. required to verify age of purchasers under the age of 27 Photo I.D. required to verify age of purchasers under the age of 27 Vendor assisted sales of all tobacco products is required Vendor assisted sales of all tobacco products is required Vending machines are prohibited expect under special circumstances (age restricted venues) Vending machines are prohibited expect under special circumstances (age restricted venues) Requires Comptroller’s warning sign posted conspicuously to merchant and customer, near point-of- sale. Requires Comptroller’s warning sign posted conspicuously to merchant and customer, near point-of- sale.

Prohibits the distribution of tobacco product samples/coupons to minors Prohibits the distribution of tobacco product samples/coupons to minors Prohibits accepting or redeeming such coupons from minors Prohibits accepting or redeeming such coupons from minors Prohibits outdoor tobacco advertising within 1,000 feet of a church or school 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) 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. Keep signed Employee Notification form on file at the retail store. Tobacco Law for Retailers Health & Safety Code, (cont.) Tobacco Law for Retailers Health & Safety Code, (cont.)

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

Tax Code Tobacco Law for Retailers Authorizes and modifies tobacco permit fees. Authorizes and modifies tobacco permit fees. Authorizes suspension of permits for tobacco retailers in violation of laws Authorizes suspension of permits for tobacco retailers in violation of laws Prohibits sale of “loosies” or “kiddie” packs. Prohibits sale of “loosies” or “kiddie” packs.

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

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

Where Can I Find This Information? The Texas Comptroller’s Office distributes a retailer packet that includes: The Texas Comptroller’s Office distributes a retailer packet that includes: –Warning signs –Informational packet –Posters –I.D. tools for employees Order the packet by calling: Order the packet by calling:

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

Valid Forms of Identification Driver’s License Driver’s License State issued ID Card State issued ID Card U.S. Military ID U.S. Military ID U.S. Passport U.S. Passport U.S. Immigration Card U.S. Immigration Card

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

Refusal of Sale What if the customer refuses to show the I.D.? 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? What if the customer becomes abusive? –Stay calm; refer customer to supervisor. –Notify law enforcement if criminal act occurs.

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

Compliance Works!

Working Together, We Can Stop Minors From Using Tobacco In Texas! Questions? Texas Comptroller of Public Accounts (888)