Renville County Tobacco Retailers Youth Tobacco Laws A TRAINING BY THE RENVILLE COUNTY PUBLIC HEALTH UPDATED NOVEMBER 2015

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1 Renville County Tobacco Retailers Youth Tobacco Laws A TRAINING BY THE RENVILLE COUNTY PUBLIC HEALTH UPDATED NOVEMBER 2015

2 Training Goals Facts about Youth Tobacco Use Proper Identification Federal, State and Local Laws Guide for Clerks Compliance Checks Penalties and Fines for Illegal Sales Role Playing Strategies for Owners and Managers

3 Facts about Youth Tobacco Use Nearly 90% of adult cigarette smokers began smoking by age 18! The other 10% started between the ages of 18 and 25. Tobacco use remains the leading cause of death in Renville County as a contributor to cancer, heart disease, stroke and lung disease. If we can keep kids tobacco-free until age 18, most will never start

4 Facts about Youth Tobacco Use Everyday, nearly 4,000 kids under 18 try their first cigarette and 1,000 kids under 18 become daily smokers. Many of these kids will become addicted before they are old enough to understand the risks and may ultimately die young due to tobaccorelated diseases.

5 Children and teens are easy targets for the tobacco industry Tobacco companies spend $135 million every year in Minnesota on tobacco advertising. Todays newer markets include e-cigarettes and candy flavored juices targeted at youth. Because of the power of nicotine, about three out of four teens smokers will end up smoking into adulthood, even if they intended to quit in a few years. Almost one-third of all kids who become regular smokers will eventually die from smoking related conditions.

6 Facts about Youth Tobacco Use Over ½ of Minnesota students have tried flavored cigars Teens who tried flavored tobacco products are nearly 3 times more likely to smoke than those who hadn t. Many young people believe flavored tobacco products are less dangerous and addictive than non-flavored tobacco.

7 Tobacco Facts 51,000 Minnesota adults die each year from Smoking

8 How Teens Manage to Buy Cigarettes Teens buy cigarettes from a clerk they know Buy in their neighborhood stores Lie about their age Buy non-tobacco items at the same time Say the cigarettes are for an adult Use a fake ID

9 YOUTH AND ELECTRONIC CIGARETTE FACTS

10 Data from the National Youth Tobacco Surveys found that current e-cigarette use among middle & high school students tripled from 2013 to 2014.

11 Current e-cigarette use (use on at least 1 day in the past 30 days) among high school students increased from 4.5 percent in 2013 to 13.4 percent in 2014, rising from approximately 660,000 to 2 million students.

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13 PROPER IDENTIFICATION Federal law requires you to check an ID on anyone who appears to be under the age of 27 before selling them any tobacco products

14 Proper Identification Proof of age for purchasing tobacco products may be established only by one of the following: 1. A valid drivers license or identification card issued by Minnesota, another state, or a province of Canada and including the photograph and date of birth of the licensed person 2. A valid military identification card issued by the United States Department of Defense 3. A valid passport issued by the United States or 4. In the case of foreign national, by a valid passport 5. Tribal ID

15 Check the ID Check that the photo matches appearance of the customer. A red border around the Minnesota license indicates "Under 21 For individuals under 18 years, the date they turn 18 will appear beside their birthdate.

16 Military ID s A valid military identification card issued by the United States Department of Defense

17 Passport Book + Passport Card A valid passport issued by the United States

18 TRIBAL ID S You should accept Tribal ID S for tobacco purchases but you will have to check the date of birth to figure out if the customer is at least 18 years old.

19 Minnesota License and ID Adult and Minor Can you see the difference between the Adult license on the left and the under 21 license on the right? There is only one birthdate on the license if the person is over 21. If the person is under 21 years old the license will have their date of birth and the date when the person will turn 18 years old.

20 HERE IS A 7 MINUTE VIDEO ABOUT HOW TO PROPERLY ID CUSTOMERS BEFORE A TOBACCO SALE

21 Look for these clues: Other things to look Has the ID expired? for on the ID Does the photo match the person? Does the ID look altered? ID s with holes, glue lines, bumpy surfaces, or other signs of tampering should not be accepted IMPORTANT: If you re not sure the ID is valid, refuse the sale.

22 FEDERAL, STATE AND LOCAL LAWS AND PENALTIES

23 Tobacco Laws: What You Need to Know Employers are required to know the laws and make sure that none of their employees sell tobacco to minors Both employers and the employee face fines if the law is broken Tobacco laws are actively enforced You can help minors avoid tobacco addiction and health problems by following the law

24 Federal Law: Family Smoking Prevention and Tobacco Control Act Do NOT break open cigarette or smokeless tobacco packages to sell products in smaller amounts. Do NOT sell cigarette packages containing fewer than 20 cigarettes. Do NOT sell single cigarettes, also called "loosies". Do NOT give away free samples of cigarettes. Do NOT give away free samples of smokeless tobacco except from a "qualified adult-only facility." Do NOT sell flavored cigarettes or flavored cigarette tobacco (other than menthol).

25 Minnesota s Youth Access Law Tobacco Modernization and Compliance Act of 2010 Minnesota law states that is it illegal to sell or furnish the following to any person under the age of 18: Tobacco, such as cigarettes, chew, cigars Tobacco-related devices, such as pipes or rolling papers Electronic delivery devices, such as e-cigarettes Nicotine or lobelia delivery products Requires counties to conduct compliance checks at least annually

26 Renville County Tobacco Ordinance In addition to federal and state laws: Minimum age of clerk that can sell tobacco products is 16 years old Education Requirements- Each employee must receive training on the legal sale of tobacco products annually No Smoking/Sampling of tobacco products within the indoor area of a retail tobacco license No tobacco sales within 1000 feet proximity to a youth-oriented facilities Tobacco sales prohibited by Pharmacies Minimum price per Cigar is set at least $2.10 for cigars in packages of less than seven

27 Guide for clerks on how to comply with tobacco laws Success starts at the counter with you. You re it. You re the one behind the counter, so you decide who purchases tobacco and who doesn t. And that means you need to learn how to make the right decisions when the time comes to make the sale. Always follow these steps before selling tobacco products: Ask for ID from anyone who looks younger than age 27 Accept only valid government-issued IDs Check the age on the ID to confirm the customer is over age 18

28 TIPS FOR THE SALE Keep in mind the following tips when checking ID s.

29 Tips to Keep in Mind Be prepared. Before your shift begins, calculate the birthdate that must appear on an ID for a legal sale. Post it on your cash register. Don t put the cigarettes or other products on the counter until the customer provides proper ID.

30 Refusing a Sale: What to Do After politely refusing the sale, remain calm If a customer insists or becomes argumentative, contact your supervisor If the customer takes the product, leaves money, and runs away. DO NOT RING UP THE SALE. Treat it as a theft and report the incident.

31 Common Mistakes Not asking for an ID Asking for ID and then not checking the age Accepting ID that is not a valid government-issued photo ID Overriding the computerized system for someone who appears younger than age 27 Don t make a sale UNTIL you ask for and check the ID of anyone who appears to be younger than age 27, even if it is a friend or regular customer!

32 Store Rules and Policies Ask your employer if the store has any additional education or policies regarding illegal tobacco sales and/or failing to check ID. Your store may provide helpful tools such as electronic scanners or calendars to determine the age of the buyer. Ask your employer how he/she wants you to handle angry or defiant customers. Help your employer reinforce their message This store cares about kids and does not sell tobacco to minors.

33 ROLE PLAYING Practice these scenarios. This will provide you an opportunity to try responses that you can use when a minor attempts to purchase licensed products from your store.

34 Role Playing Scenario 1 Teen: Can I have a pack of cigarettes? Clerk: Can I please see your ID? Teen: I don t have it with me. Clerk: It s our store policy to check the ID of anyone buying cigarettes who looks like they are younger than 27 years old. Teen: I ll go get my ID. Clerk: Thank you. Scenario 2 Teen: Hi. My mom wants a pack of cigarettes, please. (Hands the clerk a signed note). Clerk: I m sorry. You need to have your parents come in and buy their own cigarettes.

35 Role Playing, continued Scenario 3 Teen: Can I get a pack of Marlboro Lights? Clerk: I ll have to see your ID first. Teen: I forgot it in my car. Clerk: OK. I ll keep them right here until you come back with it. Scenario 4 Teen: Hi, how are you doing? Can you give me some cigarettes? Clerk: I m sorry, I can t do that. Teen: Come on, I thought you were my friend. Clerk: I am your friend. Teen: Yeah, some friend. Clerk: I could lose my job and get fined. It s just not worth it. Sorry. Scenario 5 Teen: Can I get a can of chew please. Clerk: Can I see your driver s license, please? Teen: Come on, you remember me. I ve bought it here before. Clerk: We get so busy here. It s hard to remember everyone. I do need to see your ID. Scenario 6 Clerk: Can I see an ID? Teen: Here is my student ID card. Clerk: I m sorry, that s not an acceptable ID. I need to see an ID like a driver s license that shows your birth date and photo.

36 What are Compliance Checks? A compliance check is a tool to identify tobacco retail establishments that sell tobacco to underage youth. Minnesota law requires that all tobacco vendors be licensed and have at least one unannounced tobacco compliance check conducted annually. A person under age 18 working with Public Health staff attempts to purchase a tobacco product while Public Health staff observes or waits outside the store. The underage person is instructed to not attempt to look older or lie about their age or use a false ID. If the young person is sold a tobacco product, the Public Health Dept. will send a letter and issue a fine to the clerk and an administrative fine to the license holder. Regular compliance checks enforce this regulation and help create a social norm that selling tobacco to youth under the age of 18 is illegal.

37 Why Compliance Checks? Retail clerks play a key role in decreasing youth access to tobacco by routinely carrying out the law not allowing youth under 18 to purchase tobacco products. Clerks are the first line of enforcement in preventing youth access to tobacco products. When kids have a hard time getting tobacco, they use less. And the less tobacco our kids use, the more Renville County Wins!

38 Penalties and Fines for Illegal Sales (Sub-Division 1) Section 1100 Administrative Penalties to the License Holder (Employer) 1.1. For the first violation, the licensee shall pay an administrative penalty of four hundred dollars ($400.00) For the second violation the licensee shall pay an administrative penalty of five hundred dollars ($500.00) For the third violation the licensee shall pay an administrative penalty of six hundred dollars ($600.00) and the licensee s license shall be suspended for thirty (30) days For the fourth violation the licensee shall pay an administrative penalty of six hundred dollars ($600.00) and the licensee s license shall be revoked If there is a change of ownership where at least fifty percent (50%) of the ownership is transferred to an unrelated party, previous violations will not apply. For purposes of this section, violations occurring prior to the effective date of this ordinance will not be considered.

39 Penalties and Fines for Illegal Sales (Sub-Division 2) Subd. 2. Administrative Fees Payable by Clerk\Employee If a clerk or employee fails a compliance check and sells tobacco to a minor, these are the fines to the clerk 2.1 The first violation will result in an administrative fee of one hundred dollars ($100); 2.2 The second offense will result in an administrative fee of one hundred fifty dollars ($150) 2.3 The third or subsequent offense will result in an administrative fee of two hundred dollars ($200).

40 Penalties and Fines for Illegal Sales (Sub-Division 3) Subd. 3 Repeat Offense Timelines. For purposes of determining the number of occurrences of violations, Renville County shall consider a violation as a: Second occurrence if it occurred within thirty-six (36) months of the first violation; Third occurrence if it occurred within forty-eight (48) months of the first violation; or a Fourth occurrence if it occurred within sixty (60) months of the first violation.

41 Strategies for owners and managers to avoid tobacco sales to minors in your store Emphasize to employees that checking IDs is important---no matter how many people are waiting in line Observe your clerks and give prompt feedback what they are doing right or what they are not doing right Remind your employees that state and local enforcement agencies conduct tobacco compliance checks Follow through with employee rewards for passing compliance checks Caution employees that store owners and clerks may be cited, which may result in fines Have your employees complete this on-line training annually and newly hired people must take the training as soon as possible.

42 Use Reminders and Other Aids Place calendars and other age-of-sale reminders by all cash registers Use register screen pop ups as reminders to check age Install electronic scanning devices or other age verification devices, and teach employees how to use them and to NOT override them! To order We Card calendars This age calculation tool displays the most recent date a customer's valid ID can show in order to legally purchase tobacco.

43 Do Your Part Stopping tobacco sales to minors depends on commitment and action by employers and employees. By working together, you can avoid illegal tobacco sales to minors in your store.

44 CONGRATULATIONS, YOU RE DONE! Thank you for taking the time to complete this training! Please have all employees complete this training and sign the Attestation of Training and Instruction on the License Application.