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The STAKE Act B & P Code 22950-22963 ( Stop Tobacco Access to Kids Enforcement Act)

The STAKE Act B & P Code 22950-22963 ( Stop Tobacco Access to Kids Enforcement Act). Statewide law that prohibits the sale or provision of tobacco products to minors; Is enforced by DHS Food and Drug Branch; Civil penalty - $200 - $6,000 - for store owners;

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The STAKE Act B & P Code 22950-22963 ( Stop Tobacco Access to Kids Enforcement Act)

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  1. The STAKE ActB & P Code 22950-22963(Stop Tobacco Access to Kids Enforcement Act) • Statewide law that prohibits the sale or provision of tobacco products to minors; • Is enforced by DHS Food and Drug Branch; • Civil penalty - $200 - $6,000 - for store owners; • Requires retailers to check ID & post STAKE sign at each point of sale; • Establishes the 1-800-5-ASK-4-ID complaint line; and • Prohibits illegal sales of tobacco to minors made over the phone, through the mail, or via the internet

  2. Penal Code 308 (a) • Statewide law that prohibits tobacco sales to minors; • Is enforced by local law enforcement agencies; • Misdemeanor/civil action: Fine for selling tobacco to a minor: $200 - $1,000; Both clerks and storeowners can be fined; • Fine for failing to post the STAKE age-of-sale warning sign: $10 first offense, $50 thereafter; and • Requires that clerks ask for the identification of anyone trying to buy tobacco who appears to be under the age of 18.

  3. Statewide Youth Purchase Survey • Is a Scientific Statewide Survey • Required By the Federal Synar Amendment • To Monitor Retailer Compliance With California’s STAKE Act • Is Conducted Annually by SDSU Behavioral Health Institute • The 2003 Illegal Sales Rate Is 12.2%

  4. Youth Purchase Surveys (YPS) • YPS’s are conducted by local tobacco control projects; • A total of 34 LLA’s currently have YPS’s in their Scopes of Work; • YPS data can help educate the community, motivate key policymakers, & aid local law enforcement

  5. Related Web Sites • Full text of STAKE Act & PC 308 • http://www.leginfo.ca.gov/calaw.html • Strategic Tobacco Retail Effort (STORE) • http://www.tecc.org/store/ • California Friday Night Live Partnership • http://www.fridaynightlive.org

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