Cheryl SbarraSenior Staff Attorney and Tobacco Control Director
Massachusetts Association of Health Boards
Overview of Youth Access Strategies
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Why is limiting youth access so important?
“Today’s teenager is tomorrow’s potential regular customer, and the overwhelming majority of smokers first begin to smoke while in their teens…it is during the teenage years that the initial brand choice is made: At least a part of the success of Marlboro Red during its most rapid growth period was because it became the brand of choice among teenagers who then stuck with it as they grew older.” (From a memo by Tina Walls, Vice President, State
Government Affairs, Philip Morris.)
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Youth Smoking Prevention Strategies
Tobacco price increases
Tobacco advertising restrictions
Tobacco education
Tobacco supply reduction
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Two Different Means of Tobacco Supply
Commercial sources Purchase from establishment Purchase from internet Theft from self-service displays Free samples
Non-Commercial sources Friends Relations Strangers - third party sales
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Types of MA Youth Access Laws (1)
Board of Health Regulation M.G.L. Ch111, Sec.31 To enact reasonable health regulations
Municipal Ordinance or By-Law Home Rule Amendment of the Massachusetts
Constitution
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State Law M.G.L. Ch. 270, Sec. 6 Where there is no local law
Attorney General Regulations FDA (no longer in effect)
Types of MA Youth Access Laws (2)
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Components of MA Local Regulations
Local license or permit for sale of tobacco
Penalties for sales to minors
Loss of local licenses or permits for repeat sales
Ban on vending machines or restriction to “adult-only” establishments
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Components of MA Local Regulations
Ban on self-service displays or restriction to “adult-only” establishments
Ban on sale of individual cigarettes (state law)
Ban on free distribution of cigarettes (promotions)
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MA Attorney General Consumer Protection Regulations
Prohibit self service displays except in adult only facilities
Restrict vending machines with lockouts to establishments with liquor licenses
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MA Attorney General Consumer Protection Regulations
Prohibit free samples and promotional giveaways except in adult only facilities
Require warning signs if selling individual a hand rolled cigarette
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MA Attorney General Consumer Protection Regulations
Requires retailers to implement all measures reasonably necessary to prevent the sale of tobacco products to minors
Requires retailers to card anyone who appears to be 27 years of age or younger
Retailers must only accept a government-issued photographic identification
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Reporting Complaints toMA Attorney General
www.ago.state.ma.us
Click on ‘consumer protection’
then
Click on ‘tobacco enforcement’
then
Click on ‘contact us’ for a complaint form
Cesar Pungirum, Director Five City Tobacco Control Collaborative
Tobacco Compliance Check Procedures
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Enforcing Your Regulation
Regulation Strong & enforceable You have to know it! Enforcement tool:
– Permit suspension
– Ticket
– Both
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Written Protocol
Enforcement officers 1 or 2 adults? What are their roles? How are they trained?
Youth buyers 1 or 2 kids? How are they trained? Will they carry Ids? Parents’ permission
Transportation Whose car? Insurance
Materials Forms Labels Notices/Tickets Sales history Copy of regulation
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Written Protocol (2)
Handling sales What constitutes
evidence? Processing the product When notice is served? Tickets?
– Who writes them?
– To whom?
– Who keeps track of them?
Follow up Communications Compliance notices Sale confirmations
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Conducting Compliance Checks
Be consistent (follow procedures) Be thorough Be safe Vary days and times Use routes Careful documentation
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Sample Compliance Check
Scheduling kids and adult monitors
Preparing the material Camera (with film) Forms Labels Money Back up list of buyers Incentives (giveaways)
Assemble the route Pick up the kid Take pictures Empty pockets Review guidelines Brief the kid Drive to the route
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Sample Compliance Check (2)
Give the kid money Observe the kid enter
the establishment If there’s no sale:
Collect basic information
Move to the next store
If there’s a sale: Count change Process the evidence
– Name & address– Date and time– Price & signature
Gather seller’s description
Confirm description Move to the next store
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Sample Compliance Check (3)
Finish route Drive the kid home Check sales history Prepare notices of violation or tickets Serve notices or tickets Re-inspect forms Go home
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Processing Sales
Send certified notifications Send tickets to appropriate office Schedule any appropriate hearings:
Board of Health Court Other
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Training Adults
If for enforcement purposes, must use adults who are agents of local Board of Health
Agents/officers should be trained according to state and local board of health protocols
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Who Makes Good Compliance Officers?
Staff- Designated Agents Local Police/D.A.R.E. Officers Youth Resource Officers Retired Law Enforcement Personnel Health Agents
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Sample Compliance Agent Responsibilities
Attend pertinent Department of Public Health trainings
Learn and understand state and local regulations
Drive youth to retailers
Ensure youth compliance with protocols/assure safety
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Sample Compliance Agent Responsibilities (2)
Complete paperwork in detail
Label evidence/report honestly
Appear at hearings if necessary
Handle unexpected situations
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Selection of Youth Buyers
Age is a significant factor
FDA (over 150,000 compliance checks)
– 15 years old 17.70%
– 16 years old 25.30%
– 17 years old 36.30%
Research by Battelle, funded by NCI
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Training Outline for Youth Buyers
Basic tobacco information/Tobacco 101 Youth Access laws and regulations Compliance Check 101
What, when, where, why, who and how Compliance Check walk through Observation Safety
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Training Youth Buyers
Role playing increases confidence
Rehearse ways to ask for tobacco using props
Rehearse “what-if’s”
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Training Youth Buyers
Use experienced or former buyers to help with training and screening Share “best” and “worst” experiences Share tips to succeed Have new buyer observe experienced buyer Have experienced buyer observe new buyer
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Resources for Training Youth
http://www.CDC.gov/tobacco
http://www.health.org (Center for Substance Abuse Prevention)
http://www.tobaccofreekids.org
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Finding Youth Buyers
Health-related peer leadership programs Local high schools and churches
Classes in government or journalism Clubs focusing on criminal justice or law Community service requirements
Co-workers and neighbors Collaborate with neighboring Tobacco Control
Programs
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MA Examples for Compensating Youth
Put on payroll as employee Put on payroll as consultant Give a cash token of appreciation
Participating as part of an organized community service program / not paid
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Merchant Education Options Include
One-on-one with the clerk Pre-arranged training at a store Training open to any retailer Working with regional/corporate chains Information packets (mail or hand deliver)
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Sample Content for Retailer Training
State and Local Regulations Required Signage Product Placement Techniques for Checking ID Distractions Harassment
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Retailer Resource Kit
• Materials directed to managers
• Materials directed to sales clerks
• Materials directed to customers
• Produced jointly by MTCP and AG’s Office
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MTCP Project Social Sources Campaign
• Letter to retailers
• Decal/sticker
• Employee card
• Newspaper ad
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Merchant Education Video
Utilized local access cable television to produce educational training video
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MTCP funded Boards of Health Sales of tobacco to minors
0
5
10
15
20
25
30
35
40
45
1994 1996 1998 2000 2002
Sales to minors
Calendar years
Calendar years
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Youth Smoking Reduction
According to the 2001 Massachusetts Youth Risk Behavior Survey, 26% of MA high school students smoked within the prior month.
This represents a significant improvement from the 36% smoking rate reported in 1995.
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Contact Information
Cheryl Sbarra [email protected] Cesar Pungirum
[email protected] Robert Collettt [email protected] James Wells [email protected]