Effective Youth Tobacco Access Laws: A Comprehensive Approach

1. Effective Youth Tobacco Access Laws: A Comprehensive Approach Alejandro Arias, Ed.D. Substance Abuse and Mental Health Services Administration (SAMHSA) National Conference on Tobacco or Health December 10-12, 2003 Boston, MA U.S DEPARTMENT OF HEALTH AND HUMAN SERVICES Substance Abuse and Mental Health Services Administration Center for Substance Abuse Prevention www.samhsa.gov

2. Preventing Early Tobacco Use • Approximately 75% of smokers begin smoking daily before the age of 20 • Most adolescent smokers will continue to smoke when they become adults • About 1 in 3 teens who presently smoke cigarettes daily will die due to smoking Source: Surgeon Generals Report, 2000

3. Retail outlets are key source of cigarettes for youth In 2001, of students less than 18 years of age who were current smokers: • 19.1% reported having purchased cigarettes at a store or gas station during the past 30 days • 67.2% reported having purchased cigarettes without being asked to show proof of age during the past 30 days. Source: Youth Risk Behavioral Survey, 2001

4. The Synar Legislation • Enact and enforce laws prohibiting the sale or distribution of tobacco products to individuals under the age of 18; • Conduct random, unannounced inspections of tobacco outlets; and • Report findings to the Secretary of HHS annually.

5. The Synar Regulation* • Conduct random, unannounced inspections to measure compliance with the law; • Report annually to the Secretary on the progress in meeting overall Synar requirements; and • Negotiate interim performance targets and timeline to achieve a retailer violation rate of 20 percent or below. *Proposed rule issued in August 1993. Final rule issued in January 1996. Failure to meet the requirements of the Synar Legislation/Regulation could result in penalties against a State’s Substance Abuse Prevention and Treatment (SAPT) Block Grant.

6. States Achieving Retailer Violation Rates of 20 Percent or Lower for FY97-FY03*† *All years include data from the 50 States and the District of Columbia. † In FY03, 49 States and D.C. were found in compliance with the Synar goal of 20%, with a 3% margin of error

7. National Weighted* Average Retailer Violation Rate: FY97-FY03† *Weighted by the State population †All years include data from the 50 States and the District of Columbia.

8. Synar Compliance Rate and Perceived Availability of Cigarettes by 8th/10th Graders, USA, FY96-FY03 Source: Monitoring the Future, 2002

9. Synar Compliance Rate and 30 day Cigarette Use by 8th, 10th, and 12th Graders, USA, FY96-FY03 Source: Monitoring the Future, 2002

10. Key Youth Access Laws • Ban sales of tobacco to youth under 18 years of age • Ban tobacco vending machines • Ban self-service displays • Create a graduated system of civil or criminal penalties for owners of establishments selling to youth • Require sign postage of age of sales

11. Enforcement-Related Laws for Youth Tobacco Access • Specify State enforcement authority • Require random, unannounced inspections • License tobacco retailers • Allow minors (<18) to conduct compliance checks • Provide immunity to youth who conduct compliance checks (possession laws)

12. Synar Requirements:Changes in States Laws • All States now prohibit the sale or distribution of tobacco to minors. • All States now allow for the levying of either civil or criminal penalties for violations of youth access laws. • All States now enforce laws restricting youth access to tobacco.

13. Other Key Youth Access Provisions • 45 States ban the use of vending machines or restrict their accessibility • 26 States allow the revocation or suspension of licenses if retailer sells to minors • 38 States require age sign posting at point of sale

14. Enforcement-Related Laws, 2002 • Some States have, by law, a designated enforcement agency • Some States require random, unannounced inspections of tobacco outlets in State law • Some States require licensing of retailers • All States allow minors to conduct compliance checks • Some States ban youth tobacco possession

15. Case Study: Indiana

16. Indiana Legal Structure for Youth Tobacco Access, 2002 Enforcement of Youth Tobacco Access Laws primarily a State function • Illegal to sell to youth under <18 years of age • Designated enforcement authority • Allow progressive penalties to vendors selling tobacco products to underage • No licensing required • Allow police to use youth under 18 years in enforcement activities. • Possession by youth illegal but provide immunity to youth for tobacco possession during inspections

17. Indiana Tobacco Retailer Inspection Program (TRIP) • Originally funded by the FDA, now funded by the State of Indiana • Established partnership with Alcohol and Tobacco Commission (ATC) to conduct compliance checks and enforce youth access laws • 1999 State law established • progressive penalties to retailers who sell to underage youth • Authority of ATC to prosecute violators of underage laws and signage law

18. In 2002, TRIP • Approved budget for enforcement of State tobacco laws • Contracts with off-duty police, adult monitors and youth • Conducted 4,766 inspections and imposed $85,000 in fines • Sent letters to all inspected vendors with outcomes of inspections • Posted results of inspections on ATC website as way to bring attention to retailers who are or are not complying with law • ATC prosecutors issue notices of civil penalties and handle prosecution of violators

21. Indiana Retailer Violation Rates, FY97-FY03

22. Case Study: Iowa

23. Iowa Legal Structure for Youth Tobacco Access, 2002 Enforcement of youth access laws primarily a local function • Illegal to sell to youth under <18 years of age • Allow progressive penalties to retailers selling tobacco products to underage • Permit system for tobacco retailers • Allows suspension or revocation of permit • Allows police to use youth under 18 years in enforcement activities. • Provide immunity to youth for tobacco possession during inspections

24. Enforcement System • The Department of Public Health (IDPH) is responsible for: • Synar inspections • Enforcement of tobacco access laws • In 2002, IDPH established agreement with State Alcohol and Beverage Commission (ABC) to conduct compliance checks of tobacco retailers • ABC contracts with local law enforcement agencies • Local law enforcement agencies cite and fine violators of youth tobacco laws • ABC issues citations if local enforcement fails to cite violators

25. Iowa Tobacco Permit System State law* requires: • Annual tobacco retail permit, set fees for permits and authorizes local government to collect fees • Cities and counties to submit copies of permits to State Division on Tobacco • Since ABD pays local entities to conduct enforcement checks, it is to locals’ advantage to report permits *State law was implemented in 2000.

26. ABC Enforcement Efforts • In 2002, the agency conducted 9,399 inspections and issued 1047 citations • The agency partnered with: • 136 police departments • 74 sheriff’s offices, • the state patrol, • the Attorney General’s Office, and • local prosecutors

27. Iowa Retailer Violation Rates, FY97-FY03

28. Enforcement Challenges • Perception that youth access is not important making enforcement of the law a low priority • Need for interagency collaboration • Need for accurate/complete lists of vendors • Limited resources for enforcement • Penalty structure • Prosecutors/judges may be reluctant to prosecute/penalize • Retailer complaints • State budgets

29. Conclusions The Synar Legislation has had important effects on youth access to tobacco products: • Higher retailer compliance with tobacco access laws over the last decade; • Improved tobacco access laws; and • Greater enforcement efforts nationwide resulting in: • Higher Synar compliance rates; and • Reductions in youths’ perceptions of availability and youth tobacco use.