Enforcement

Sponsored by the California Department of Health Services, Tobacco Control Section Why Is Enforcement Important? Getting A Local Policy Passed Is Not the End of the Story –Strong Routine Enforcement Needs To Be Included In the Intervention Strategy For the Policy To Be Effective

Sponsored by the California Department of Health Services, Tobacco Control Section Documenting The Problem Nationwide –All 50 States Have Youth Access Laws Prohibiting Minors From Purchasing Cigarettes –More Than 1 Billion Packs of Cigarettes Are Purchased By Youth Each Year

Sponsored by the California Department of Health Services, Tobacco Control Section Documenting The Problem California –As of April Local Tobacco Control Laws –Preventive Medicine Journal Article (2001) Out of 182 Law Enforcement Officials Representing 200 Cities & Counties --- Only 36% of Local Enforcement Agencies Reported Conducting One or More Compliance Checks In The Previous Year

Sponsored by the California Department of Health Services, Tobacco Control Section Documenting The Problem California –Drug Free Youth News (1994) Data from routine compliance checks in 16 cities with varying enforcement schedules shows that cities performing quarterly checks had lower purchase rates than cities inspecting merchants only once a year

Sponsored by the California Department of Health Services, Tobacco Control Section Documenting The Problem The Independent Evaluation Consortium Data –37% of Project Directors Responded That They Collaborated “Often” or “Very Often” With Law Enforcement –Top 3 Barriers To The Enforcement of YA Tobacco Policies Limited Staff (87%) Insufficient Budget (78%) Low Priority In The Community (75%)

Sponsored by the California Department of Health Services, Tobacco Control Section Tobacco Control Laws Penal Code 308 STAKE Act Business & Professions Code Business & Professions Code Health & Safety Code Master Settlement Agreement Local Ordinances –Tobacco Retailer Licensing –Land Use Zoning –Advertising Restrictions

Sponsored by the California Department of Health Services, Tobacco Control Section Patterns of Enforcement Agencies That Enforce Tobacco Control Laws: –Local Law Enforcement –Local Code Enforcement –Food & Drug Branch of California Dept. of Health Services –State Attorney General –City Attorney (or County Council) –District Attorney –Private Citizens

Sponsored by the California Department of Health Services, Tobacco Control Section Patterns of Enforcement Why Lax Enforcement Exists –Limited Staff –Lack of Money Allocated In the Budget –Lack of Community Support –No Authority To Issue Citations To Violators –City Attorney or District Attorney Would Not Prosecute Citations

Sponsored by the California Department of Health Services, Tobacco Control Section Current Compliance Rates Most states conduct compliance checks in accord with provisions of the Federal Synar Amendment –The Stop Tobacco Access to Kids Enforcement (STAKE) Act Program is California’s response to the federal Synar Amendment

Sponsored by the California Department of Health Services, Tobacco Control Section Current Compliance Rates The Federal Synar Amendment Requires States to: –Enact & enforce laws that make it illegal to sell tobacco to minors; –Reduce the rate of illegal sales to no more than 20 percent; –Conduct annual random surveys to assess compliance with youth access laws; and –Report to the federal overseeing agency the results of those assessment survey

Sponsored by the California Department of Health Services, Tobacco Control Section Current Compliance Rates The Federal Synar Amendment –Also empowers the United States Health & Human Services Agency to penalize states whose illegal sales rate exceed 20 percent Up to 40 percent of that state’s block grant funds may be withheld For California, this equates to $100 million dollars for the Department of Alcohol and Drug Programs (ADP)

Sponsored by the California Department of Health Services, Tobacco Control Section Current Compliance Rates New data from the field indicates: –California is experiencing an alarming upward trend in illegal sales of tobacco to minors The annual California Youth Tobacco Purchase Survey revealed that the illegal sales rate increased to 19.3 percent in 2002, up from 17.1 percent in 2001 and 12.8 percent in 2000

Sponsored by the California Department of Health Services, Tobacco Control Section Current Compliance Rates New data from the field indicates: –The presence of required STAKE Act signs is also declining Tobacco Industry signage, such as Philip Morris’ “We Card” signs are significantly more prevalent than STAKE Act signage NOTE: “We Card” signs DO NOT meet the requirements of the law for retailer signage under the STAKE Act

Sponsored by the California Department of Health Services, Tobacco Control Section Support for Enforcement According to the California Adult Tobacco Survey (2001): –Enforcement Agencies have community support for PC 308(a) activity 96 percent of Californians agreed that communities should enforce laws to prevent selling cigarettes to minors 80 percent of Californians agreed that store owners should need a license to sell cigarettes

Sponsored by the California Department of Health Services, Tobacco Control Section Enforcement Core Group Sub-Group of the Point of Sale Practices (POSP) Workgroup –Role = To Assist With Enforcement Issues Pertaining To the STORE Environment & Also Develop Enforcement Tools As Needed

Sponsored by the California Department of Health Services, Tobacco Control Section Enforcement Core Group –Ellen Feighery (PHI) –Randy Kline (TALC) –Dian Kiser (BREATH) –Theresa Boschert (BREATH) –Kelly Gordon (Montebello PD) –Rich Sevilla (Newark PD) –Debra Pannatoni (TECC) –Roger Wilson (Fresno County DA’s Office) –Rebecca Lourenco –Tacey Derenzy –Holly Sisneros –Lori Loftis

Sponsored by the California Department of Health Services, Tobacco Control Section Enforcement Core Group Current Focus = PC 308(a) Current Activities: –PC 308 Regional Trainings –PC 308 Technical Assistance –PC 308 Supplemental Guide –PC 308 Manual –PC 308 Statewide Training

Sponsored by the California Department of Health Services, Tobacco Control Section Enforcement Resources STORE Web Site –Enforcement Tools: Stanford Enforcement Survey Database Policy Enforcement Survey Tip Sheet - Working With Law Enforcement PC 308 Operations Manual Guidelines For PC 308(a) Operations

Sponsored by the California Department of Health Services, Tobacco Control Section Enforcement Resources Americans For Nonsmokers’ Rights BREATH TCS-Funded Enforcement Contracts STAKE Act Program Statewide Youth Purchase Survey