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					Enforcement
                           Why Is Enforcement Important?



      • Getting A Local Policy Passed Is
        Not the End of the Story

            – Strong Routine Enforcement Needs To
              Be Included In the Intervention Strategy
              For the Policy To Be Effective



Sponsored by the California Department of Health Services, Tobacco Control Section
                                Documenting The Problem


     • Nationwide
           – All 50 States Have Youth Access
             Laws Prohibiting Minors From
             Purchasing Cigarettes
           – More Than 1 Billion Packs of
             Cigarettes Are Purchased By Youth
             Each Year

Sponsored by the California Department of Health Services, Tobacco Control Section
                                Documenting The Problem


     • California
           – As of April 2001 --- 490 Local Tobacco
             Control Laws
           – Preventive Medicine Journal Article (2001)
                • Out of 182 Law Enforcement Officials
                  Representing 200 Cities & Counties --- Only
                  36% of Local Enforcement Agencies Reported
                  Conducting One or More Compliance Checks
                  In The Previous Year


Sponsored by the California Department of Health Services, Tobacco Control Section
                                 Documenting The Problem



     • California
           – Drug Free Youth News (1994)
                • Data from routine compliance checks in 16
                  cities with varying enforcement schedules
                  shows that cities performing quarterly checks
                  had lower purchase rates than cities inspecting
                  merchants only once a year




Sponsored by the California Department of Health Services, Tobacco Control Section
                                 Documenting The Problem

     • The Independent Evaluation Consortium
       Data
        – 37% of Project Directors Responded That
          They Collaborated “Often” or “Very Often”
          With Law Enforcement
        – Top 3 Barriers To The Enforcement of
          YA Tobacco Policies
                • Limited Staff (87%)
                • Insufficient Budget (78%)
                • Low Priority In The Community (75%)
Sponsored by the California Department of Health Services, Tobacco Control Section
                               Tobacco Control Laws
     •   Penal Code 308
     •   STAKE Act
     •   Business & Professions Code 17200
     •   Business & Professions Code 17537.3
     •   Health & Safety Code 118950
     •   Master Settlement Agreement
     •   Local Ordinances
           – Tobacco Retailer Licensing
           – Land Use Zoning
           – Advertising Restrictions


Sponsored by the California Department of Health Services, Tobacco Control Section
                            Patterns of Enforcement
     • Agencies That Enforce Tobacco Control
       Laws:
           – Local Law Enforcement
           – Local Code Enforcement
           – Food & Drug Branch of California Dept. of Health
             Services
           – State Attorney General
           – City Attorney (or County Council)
           – District Attorney
           – Private Citizens

Sponsored by the California Department of Health Services, Tobacco Control Section
                            Patterns of Enforcement

     • Why Lax Enforcement Exists
           – Limited Staff
           – Lack of Money Allocated In the Budget
           – Lack of Community Support
           – No Authority To Issue Citations To
             Violators
           – City Attorney or District Attorney Would Not
             Prosecute Citations

Sponsored by the California Department of Health Services, Tobacco Control Section
                             Current Compliance Rates


     • Most states conduct compliance
       checks in accord with provisions of
       the Federal Synar Amendment
           – The Stop Tobacco Access to Kids
             Enforcement (STAKE) Act Program is
             California’s response to the federal Synar
             Amendment


Sponsored by the California Department of Health Services, Tobacco Control Section
                             Current Compliance Rates

     • The Federal Synar Amendment
       Requires States to:
           – Enact & enforce laws that make it illegal to sell
             tobacco to minors;
           – Reduce the rate of illegal sales to no more than 20
             percent;
           – Conduct annual random surveys to assess
             compliance with youth access laws; and
           – Report to the federal overseeing agency the
             results of those assessment survey
Sponsored by the California Department of Health Services, Tobacco Control Section
                             Current Compliance Rates


     • The Federal Synar Amendment
           – Also empowers the United States Health &
             Human Services Agency to penalize states
             whose illegal sales rate exceed 20 percent
                • Up to 40 percent of that state’s block grant
                  funds may be withheld
                • For California, this equates to $100 million
                  dollars for the Department of Alcohol and Drug
                  Programs (ADP)

Sponsored by the California Department of Health Services, Tobacco Control Section
                            Current Compliance Rates


     • New data from the field indicates:
           – California is experiencing an alarming
             upward trend in illegal sales of tobacco to
             minors
                • The annual California Youth Tobacco Purchase
                  Survey revealed that the illegal sales rate
                  increased to 19.3 percent in 2002, up from 17.1
                  percent in 2001 and 12.8 percent in 2000


Sponsored by the California Department of Health Services, Tobacco Control Section
                            Current Compliance Rates


     • New data from the field indicates:
           – The presence of required STAKE Act signs
             is also declining
                • Tobacco Industry signage, such as Philip
                  Morris’ “We Card” signs are significantly more
                  prevalent than STAKE Act signage
                • NOTE: “We Card” signs DO NOT meet the
                  requirements of the law for retailer signage
                  under the STAKE Act

Sponsored by the California Department of Health Services, Tobacco Control Section
                               Support for Enforcement


     • According to the California Adult
       Tobacco Survey (2001):
           – Enforcement Agencies have community
             support for PC 308(a) activity
                • 96 percent of Californians agreed that
                  communities should enforce laws to prevent
                  selling cigarettes to minors
                • 80 percent of Californians agreed that store
                  owners should need a license to sell cigarettes

Sponsored by the California Department of Health Services, Tobacco Control Section
                                 Enforcement Core Group



     • Sub-Group of the Point of Sale
       Practices (POSP) Workgroup

           – Role = To Assist With Enforcement Issues
             Pertaining To the STORE Environment &
             Also Develop Enforcement Tools As
             Needed


Sponsored by the California Department of Health Services, Tobacco Control Section
                                 Enforcement Core Group


           – Ellen Feighery (PHI)                          – Debra Pannatoni
           – Randy Kline (TALC)                              (TECC)
           – Dian Kiser                                    – Roger Wilson
             (BREATH)                                        (Fresno County DA’s
           – Theresa Boschert                                Office)
             (BREATH)                                      – Rebecca Lourenco
           – Kelly Gordon                                  – Tacey Derenzy
             (Montebello PD)                               – Holly Sisneros
           – Rich Sevilla (Newark                          – Lori Loftis
             PD)
Sponsored by the California Department of Health Services, Tobacco Control Section
                                Enforcement Core Group



     • Current Focus = PC 308(a)
     • Current Activities:
           – PC 308 Regional Trainings
           – PC 308 Technical Assistance
           – PC 308 Supplemental Guide
           – PC 308 Manual
           – PC 308 Statewide Training

Sponsored by the California Department of Health Services, Tobacco Control Section
                            Enforcement Resources

     • STORE Web Site
           – Enforcement Tools:
                • Stanford Enforcement Survey Database
                • Policy Enforcement Survey
                • Tip Sheet - Working With Law
                  Enforcement
                • PC 308 Operations Manual
                • Guidelines For PC 308(a) Operations
Sponsored by the California Department of Health Services, Tobacco Control Section
                             Enforcement Resources


     • Americans For Nonsmokers’ Rights
     • BREATH
     • TCS-Funded Enforcement
       Contracts
     • STAKE Act Program
     • Statewide Youth Purchase Survey
Sponsored by the California Department of Health Services, Tobacco Control Section

				
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posted:6/6/2012
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