1. El Paso/Ciudad Juarez Tobacco Network Texas Department of State Health Services Tobacco Prevention & Control Program Penny Harmonson, Manager April 9, 2010

2. Synar Topics Tobacco Legislation Synar History FDA Regulations Local Law Enforcement Activities The Network’s Role in Enforcement and Compliance

3. Synar Amendment The Pro-Children’s Act of 1994 Senate Bill 1, 1995 – Tobacco-Free Schools Penal Code, Chapter 48, Conduct Affecting Public Health Texas Tobacco Law, 1997 – Senate Bill 55 Health & Safety Code, Chapter 161 Texas Tobacco Settlement, 1998

4. Synar Amendment, 1992 States must have laws that ban the sale of tobacco to persons under the age of 18 Enforce the laws Random unannounced inspections Achieve a rate of less than 20% Penalty if states are not in compliance Annual Synar Report to Center for Substance Abuse Prevention (SAMHSA/HHS)

5. Purpose of Synar Survey Determine the retailer violation rate (RVR) for each state based on random unannounced inspections of a sample of tobacco outlets accessible to youth Results of survey will be used to determine whether the state has met the target rate of less than 20%

6. Synar Sample Counties A Stratum 500 > Outlets Harris Dallas Tarrant Bexar Travis Hidalgo El Paso 649 Retailers (547 in City of El Paso) B Stratum 6 Counties: 100 < 500 Outlets C Stratum 4 Counties: 26 < 100 Outlets D Stratum 2 Counites 26 < Outlets

7. History of Synar Rates 1995 53% 1996 56% 1997 24% ** 1998 13% 1999 14.6% 2000 13.4% 2001 12.9% 2002 15.64% 2003 23.8% 2004 15.5% 2005 12.74% 2006 7.2% 2007 13.4% 2008 11.3% 2009 11.3%

8. Penalty SA Prevention and Treatment $135,518,381 SAPT Block Grant 40% Penalty for Non- Compliance of Retailer Violation Rate (RVR) 3% Margin of Error Example: RVR - 25% Less - 3% Margin of Error Penalty = 2% of block Grant Amount _______________________ Penalty - $2,710,367.62

9. Food and Drug Administration (FDA) Tobacco Control Act Family Smoking Prevention & Tobacco Control Act Gave the U.S. Food and Drug Administration comprehensive authority to regulate the manufacturing, marketing, and sale of tobacco products

10. FDA Ban on Flavored Cigarettes Family Smoking Prevention & Tobacco Control Act In Sept. 2009, Federal officials banned the sale of flavored cigarettes. Examples included cigarettes with such ingredients as chocolate, vanilla, strawberry and clove

11. FDA Ban Family Smoking Prevention & Tobacco Control Act Currently the ban does not include such tobacco products as flavored small cigars, cigarillos or Snus.

12. How is it done?

13. Authority to Conduct Enforcement Actions Health & Safety Code – §161.088 Authorizes comptroller (CPA) -partner with local law enforcement agencies -to make block grants available

14. Law Enforcement Grantees El Paso County Comptroller’s Office Funding: $71,000.00 El Paso Co. Const. Pct. 3 El Paso Co. Const. Pct. 6 El Paso Co. Sheriff's Office Horizon City Police Dept. El Paso County Law Enforcement Activities: 362 Retailers Educated 380 Stings: 6.32% RVR 699 Retailer Inspections: 10% violations Total Citations: 16

15. Six Components of a Model Enforcement Program Retailer Education Compliance Inspections Controlled Buys Follow Up on Violators and Non-Violators Enforcement of Minor in Possession Youth & Community Education

16. What Officers look for? 1. Appropriate warning signs 2. Retail employee notification forms 3. Method of access to tobacco products 4. Free tobacco samples or coupons to anyone under 18 5. Display of outdoor advertising 6. Sales of cigarettes of kiddie packs or loosies 7. Possession & display of tobacco permits

17. Retailers must: Post the state approved tobacco warning sign Conspicuously Posted Each Person who sells retail or vending “Attempting to Purchase” not written in statute Include disclosure danger to pregnant women

18. Retailers Required to…….. Have employee(s) sign/date the form states they have been notified of state law Keep signed form should be on file at retail location Present form to peace officer or agent of comptroller on demand Defense to prosecution - Retailer has 7 days to show proof to courts Keep on file 60 days after employee terminates Violation if form is not available – Offense Class C

19. Possession and Display of Tobacco Permits Cannot sell any tobacco products without a permit Permits issued to each place of business owned or operated Permit required for vehicles selling cigarettes or tobacco products Permit required to vending machines Posted on site Tax Code Violation Penalty – Class “A” Misdemeanor Tax Code § 154.101 Permits, § 154.041 Permits, §155.053, Display of Permits

20. Display of Outdoor Advertising Sign containing an advertisement for cigarettes or tobacco products may not be located closer than 1000 feet of a church or school. - Billboards - Posters Health and Safety Code §161.122 Prohibition relating to certain signs

21. Advertising – Does not apply to: Professional Sports Franchise A sign located in a facility owned or leased by a professional franchise/facility where sports events are held at least 10 times in a 12-month period - A “facility” is …… Grandfather Clause A sign containing advertising of cigarettes or tobacco products that was placed before September 1, 1997 – not closer than 500 feet from a church or school Class C Officer may issue citation or warning

22. Health & Safety Code – Chapter 161 §161-252- §161.256

23. Senate Bill 1, 1995 ( 74 th Legislature) Tobacco Free Schools Texas Education Code 38.006- Tobacco on School Property Board of Trustees of a School District to establish policies that: Prohibits smoking or using tobacco products at a school related or school-sanctioned activity on or off school property Prohibits students from possessing tobacco products at a school related or school-sanctioned activity on or school property Ensure that school personnel enforce the policies on school property

24. Minor in Possession-Tobacco Health & Safety Code §161.252 Possession, Purchase, Consumption, or Receipt of Cigarettes or Tobacco Products by Minors Prohibited Individual who is younger than 18 years of age commits an offense if the individual: - Possesses, purchases, or accepts a cigarette or tobacco product - Falsely represents him/herself to be 18 years of age or older by displaying proof of age that is false in order to obtain cigarettes or a tobacco product Exceptions are: 1) Presence of an adult parent, guardian, or spouse of the individual 2) Presence of an employer of the individual, if possession or receipt of tobacco products is required in performance of duties 3) If individual is participating in a controlled buy or Synar Inspection

25. Minor in Possession Laws Health & Safety Code §161.253 n Tobacco Awareness Program n Community Service Health & Safety Code §161.254 n Driver’s License Suspension/Denial - Proof of evidence of satisfactory completion Health & Safety Code §161.255 n Expungement of Conviction - Satisfactory completion Health & Safety Code §161.256 n Jurisdiction of Courts

26. Penalties for MIP-Tobacco Guilty of tobacco products use or possession charge : Citation/Class C Pay $250 fine Attend a state approved tobacco awareness class (parents also) Perform tobacco-related community service Suspension or delay of driver’s license

27. For more information and to report violations: Texas Tobacco Hotline 1-800-345-8647 24 hours a day, 7 days a week

28. Texas Synar Collaborative Comptroller of Public Accounts Department of State Health Services Texas Education Agency Office of the Attorney General

29. Community Partnerships Local Law Enforcement Comptroller Grantees Recruit minors/controlled buys Provide information on Comptroller Grants Help with Application Business Owners/Retailers Make Contact Educate

30. CPA Tobacco Compliance Grants School District Campus Police Programs May 7, 2010 Local Law Enforcement Grants May 14,2010 www.cpa.state.tx.us FY 2011 Funding

31. Community Partnerships DSHS Prevention Prevention Resource Center Youth Prevention Programs Aliviane, Inc Communities in Schools Ysleta Del Sur Pueblo A Smoke-Free Paso del Norte Comprehensive Strategies

32. Community Partnerships Texas Education Agency Tobacco Prevention Education Grades 4 – 12 Education Service Center

33. Getting to Outcomes

34. Questions? Penny Harmonson DSHS Tobacco Prevention and Control Program 512-206-4794 penny.harmonson@dshs.state.tx.us