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SCLD Update |
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| Other Topics in this Issue: Breast Cancer
Detection |
Tobacco-Use Reduction Four states—Idaho, South Dakota, Utah, and Washington—passed legislation related to tobacco access by minors. In Idaho, S.B. 1446 amended the state's existing youth access to tobacco laws, effective January 1, 1999. The legislation will prohibit selling, offering or distributing tobacco products to persons under age 18, and prohibit minors under age 18 from possessing, receiving, purchasing, selling, distributing, using or consuming tobacco products, or attempting to conduct any of those activities, unless the minor is acting in the course of employment. Retail sellers of tobacco in Idaho will be required to verify the age of all persons under age 18 by checking photographic identification that includes the purchaser's date of birth. In addition, licensed retailers may post warning signs where tobacco products are sold and must educate their employees about the provisions of this law. Except for specified exemptions, S.B. 1446 will prohibit self-service displays and other means of selling tobacco products that do not require the assistance of the vendor. During 1999, tobacco vending machines will be restricted to locations not accessible to individuals under age 19; however, after January 1, 2000, sales of tobacco products through vending machines will be banned altogether. The law also requires that tobacco products be sold or distributed in the manufacturers' sealed packages that contain required health warnings. In addition, the legislation prohibits the sale or distribution of free or below-cost tobacco products to sellers and distributors for promotional purposes, or to the general public at public places or events. Minors who violate the provisions of S.B. 1446 will be guilty of a misdemeanor, and may be punished by imprisonment, a fine, or both. In addition to these penalties, a minor and his or her parent or guardian may be required to attend tobacco awareness programs or to perform community service. With certain exceptions, licensed tobacco retailers who violate S.B.1446 will be subject to graduated civil penalties, with the possibility of permit suspension and revocation. Retailers who have not implemented an employee training program will be fined $200. Furthermore, sellers who request, examine, and rely upon photographic identification that establishes the age of the purchaser as at least 18, will have an affirmative defense to prosecution. Furthermore, S.B. 1446 gives law enforcement agencies and the state Department of Health and Welfare ("Department") enforcement authority. To ensure compliance, the Department will be required to conduct at least two random, unannounced inspections each year at each retail location where tobacco products are sold or distributed. Minors may assist with these inspections, contingent upon the written consent of their parent or guardian. Finally, the legislation authorizes local governments to pass ordinances that are more stringent than this law. See the additional summary of this bill in the Tobacco-Use Reduction/Vendor Licensure section. South Dakota's H.B. 1099 amends previously enacted legislation by prohibiting individuals under the age of 18 from possessing or consuming tobacco products. Utah passed four laws that address youth access to tobacco. Initially, the legislature enacted S.B. 87, which prohibits any person under the age of 19 from attempting to buy cigars, cigarettes, or tobacco in any form, and establishes that violators are guilty of a Class C misdemeanor. The legislature then enacted H.B. 35, which specifies that 18 year-olds who buy, attempt to buy, accept, or possess cigars, cigarettes, or other tobacco products are guilty of a Class C misdemeanor, and are subject to at least a $50 fine or participation in a court-approved tobacco education program. Minors under age 18 are subject to the same penalties; however, rather than being guilty of a Class C misdemeanor, they are subject to the jurisdiction of the juvenile court. Effective January 1, 1999, Utah's H.B. 31 restricts the retail sale of cigarettes and smokeless tobacco to direct, face-to-face exchanges between retailers and consumers. Sales through vending machines and self-service displays will be permitted in separate and defined areas within facilities where persons under the age of 19 are not permitted unless accompanied by a parent or guardian. Also exempt from the sales restrictions are sales of standard 60-carton cases of cigarettes and multi-container packages of smokeless tobacco, and mail-order sales. However, the distribution of free product samples through the mail, including mail-order redemption of coupons, will be prohibited. Retailers who violate these provisions, and parents or guardians who allow a minor under the age of 19 into an area where self-service or vending machine sales of tobacco are permitted, and allow the minor to purchase or take tobacco in any form, will be guilty of a misdemeanor. Violators will be found guilty of a Class C misdemeanor for the first offense, a Class B misdemeanor for the second offense, and a Class A misdemeanor for all subsequent violations. Local laws concerning the sale, placement, or display of cigarettes or smokeless tobacco products that are not essentially the same as this legislation are preempted. Utah's S.B. 39, established the Civil Penalties for Tobacco Sales to Underage Persons Act. The legislation requires licensed tobacco retailers to implement an employee training program regarding the prohibitions on furnishing tobacco products to minors, and establishes graduated civil penalties, with the possibility of license suspension and revocation, for licensees and employees who violate the prohibition on sales of tobacco products to minors. The state Department of Health and local health departments must enforce these provisions. Washington enacted H.B. 1746, which prohibits persons under the age of 18 from possessing cigarettes or tobacco products, and amends existing penalty provisions by establishing that minors who violate the prohibitions on purchasing or possessing tobacco products commit a Class 3 civil infraction. These violators are subject to either a fine, community service, or both. The legislation also establishes that the state Liquor Control Board ("Board") may reduce or waive the established penalties for selling tobacco products to minors, when the elements of proof are inadequate or if there are mitigating circumstances. The Board is also authorized to increase penalties if there are aggravating circumstances. A South Dakota resolution, S.C.R. 2, requests that the state's congressional delegation support Federal legislation to protect children from tobacco. See the additional summary of this bill in the Tobacco-Use Reduction/Miscellaneous—Tobacco section. A resolution adopted in Washington, S.R. 8690, recognizes the involvement of teenagers in anti-tobacco programs and their participation in the American Cancer Society's "Speak Out!" program, through which teens advocate for stronger state laws restricting minors' access and exposure to tobacco. Colorado passed H.B. 1139, which establishes that all existing exemptions to the prohibition against the use of tobacco products on school property will become invalid on July 1, 1999. Effective July 1, 1998, Indiana's S.B. 114 amends the definition of a public building to include: (1) dining areas of state educational institutions, (2) offices of health care providers, (3) licensed hospitals, and (4) licensed child care facilities. The legislation also raises the penalty for smoking in specified areas to a Class B infraction, and stipulates that if a person commits more than three separate violations within a 12-month period, subsequent violations within that period must be elevated to a Class A infraction. Mississippi adopted H.R. 13, a resolution that prohibits smoking in the state House chamber and gallery during the daily sessions of the House, except in designated smoking areas. House committees may develop smoking policies for individual committee rooms, and the House Sergeant at Arms is required to enforce the provisions of this resolution. H.B. 404, enacted in Utah Excise Taxes, created the Cigarette Tax Restricted Account, and requires that $250,000 of cigarette excise tax revenues be deposited in this account annually and spent on a tobacco prevention and control media campaign targeted at children. In Idaho, S.B. 1446 established that, effective January 1, 1999, it will be unlawful to sell, distribute, or offer tobacco for retail sale or distribution, or to possess tobacco products with the intent to sell without first obtaining a permit. Sellers who violate this law will be guilty of a misdemeanor punishable by up to 6 months imprisonment, a fine of up to $300, or both. If the sale or distribution of tobacco products is to a minor, then the fine must be increased to no less than $500, but no more than $1,000. In addition, persons who sell or distribute tobacco products to a minor without a permit will be subject to a $100 civil fine, and violators who continue to sell or distribute tobacco products illegally after the court has imposed a penalty, may be subject to an additional fine of $1,000 per day for as long as the violations continue. S.B. 1446 gives the state Department of Health and Welfare enforcement authority for this law. It also prohibits local governments from requiring a permit or license for the sale or distribution of tobacco products. See the additional summary of this bill in the Tobacco-Use Reduction/Tobacco Access by Minors section. Utah's Disclosure of Ingredients in Cigarettes and Tobacco Products Act (H.B. 32) requires the state Department of Health to acquire and report annually the detectable levels of five specified substances found in burning cigarettes and tobacco products, as well as the nicotine yield ratings for all cigarette and tobacco products for which a rating has been developed. This law becomes effective January 1, 1999. Kentucky adopted a resolution, S.C.R. 3, that reauthorizes the Kentucky Tobacco Task Force to help resolve problems facing the tobacco industry and the tobacco price support program. A South Dakota resolution, S.C.R. 2, requests that the state's congressional delegation support Federal legislation that would allocate the state its entire share of any reimbursement for the costs deriving from tobacco-related diseases that may be included in such legislation. See additional summary of this bill in the Tobacco-Use Reduction/Tobacco Access by Minors section. |
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