From: jmackay@HK.Super.NET Date: Sat, 25 Jan 1997 13:07:03 +0800 (HKT) Subject: Re: monitoring sales to minors Part 1 To: selfcare@asiaaccess.net.th Cc: israel@globalink.org I enclose some info on sting operations - divided into three files: STING OPERATIONS tactics/sting 'Sting' Tobacco Sales Make sure merchants pay a stiff price for flouting law Christian Science Monitor OPINION/ESSAYS, Page 18 Leonard Jason September 13, 1996 A child who knows not to touch the stove, but does it anyway and doesn't get burned, may do it again. Similarly, merchants who don't get burned for selling cigarettes to minors because nobody is watching are likely to keep doing it. After all, they get positive reinforcement for their crime - profits. America won't see an authentic reduction in teen smoking until businesses stop profiting from selling cigarettes illegally to kids. President Clinton's new initiatives to regulate tobacco advertising and sales through the Food and Drug Administration give important executive endorsement to the effort to reduce teen smoking. A public health problem this pervasive, caused by an industry so powerful, has no hope of solution unless there is a serious commitment from the president. Strong forces have emerged to confuse the public, however, and their aim is to make people think the problem is being solved when it really isn't. Politicians who are embracing the issue of teen smoking and illegal cigarette sales are being taken in by tobacco industry efforts to emphasize education programs over enforcement programs that test whether merchants are complying with the law. Rather than supporting merchant sting operations - where teens working with the police are sent into stores to try to buy cigarettes - tobacco interests have developed slick schemes with fancy signs and buttons carrying antismoking messages. All this looks attractive at press conferences, but it has little substance. More important, it yields few results. Politicians are endorsing these approaches because they will not upset business owners, who can claim they did something - when in fact their "something" did nothing. The real solution to the problem of teen smoking is to build in consequences for businesses that sell cigarettes to kids illegally. Over the past eight years, my research team at DePaul University has demonstrated that sting operations significantly decrease cigarette sales to minors. When merchants know that random stings will occur in their stores at least three times a year, the short-term profits they gain from selling cigarettes to kids are overshadowed by the prospect of fines and loss of their tobacco license. Successful results have been duplicated in diverse communities from inner-city Chicago to various suburban towns. This program can work anywhere, as long as local governments are serious about enforcement. Making cigarettes harder for teens to get has proven to be a successful strategy to reduce actual rates of teen smoking. Long-term data from Woodridge, Ill., a suburb of Chicago that started a merchant sting program several years ago, showed that its high school students were half as likely to be regular smokers than teens of the same age in towns that had not limited cigarette sales. These results came at a time, 1991 to 1994, when smoking among eighth-graders was increasing nationally by 30 percent. This kind of result will never be produced by the insincere anti-smoking campaigns being pushed by tobacco interests and by the retail businesses profiting from youth cigarette sales. If all stores are regularly faced with strong enforcement, the practice of selling tobacco products to youngsters will significantly decrease. This, in turn, can bring about a dramatic reduction in teen smoking. Do we have the commitment to make the tough choices to put our resources into the only strategy that has consistently demonstrated its effectiveness? The question is not one of finances. These programs pay for themselves through fines and license fees. The question is whether community leaders are willing to hold merchants accountable. President Clinton's program is a small step in the right direction. *Leonard Jason is a professor of psychology at DePaul University in Chicago. Merchants Mostly Say 'no' In Teen Sting Health Department Finds That Many Businesses Are Following The Rules For Tobacco Sales. The Wichita Eagle Thursday, October 10, 1996 Section: LOCAL & STATE Page: 15A By Karen Shideler, The Wichita Eagle Teens who tried to buy cigarettes in an undercover "sting" Tuesday night got turned down by 16 of the 21 businesses they visited. The sting was the first attempt by the health department to measure compliance with Wichita ordinances that prohibit the sale of tobacco products to minors. Only about 8 percent of the city's tobacco vendors were visited, but "they're doing a much better job'' than was expected, said Roger Smith, environmental services supervisor for the Wichita-Sedgwick County Department of Community Health. The teen stings will continue, Smith said Wednesday, with their frequency depending on the compliance rate. The 24 percent of the stores willing to sell cigarettes to minors Tuesday was "more than we'd like to see" but "better than we would have expected,'' he said. The federal government wants cities to aim for having no more than 20 percent of businesses selling cigarettes and other tobacco products to minors. Smith said the teens who tried to buy cigarettes Tuesday were 15, 16 and 17, and "these folks looked like kids." The health department wanted to make sure it had a good case against violators. In late summer, the health department recruited teens for the sting. Participants had to have parental consent. Stores and clerks found guilty in Municipal Court face a $55 fine, "and then, as Bob Getz will tell you, there are court costs," Smith said, referring to the Eagle columnist who has criticized high court costs in several columns. Most of the merchants were issued two tickets for allegedly violating two ordinances. One prohibits the sale of tobacco products to anyone under 18; the second requires identification from anyone who looks younger than 21. A second violation means a $100 fine, and a third is $150. Whoever sells the tobacco is the one who's fined. A conviction also can result in suspension of the merchant's license to sell cigarettes. Smith said checks in years past have shown that about 75 percent of merchants abide by the rules. Karen Shideler writes about health. She can be reached at 268-6674. All content (c) 1996 The Wichita Eagle and may not be republished without permission. Kids Have Easy Access to Cigarettes - U.S. Study NEW YORK, Oct 24 (Reuter) - Children have the easiest time buying cigarettes in discount stores, followed by filling stations and drug stores, according to a survey released on Thursday by attorneys general in five states. Minors worked with agents from attorneys general offices in Massachusetts, Minnesota, New Mexico, New York and Vermont, attempting 1,405 cigarette purchases in the last five months. They were successful 463 times, 33 percent of the time. Children had the easiest time buying cigarettes in discount stores, where they succeeded 43 percent of the time. The rates of success in other stores were: service stations, 36 percent; drug stores, 34 percent; convenience stores, 31 percent; grocery stores, 30 percent; others, 28 percent. Although all 50 states prohibit the sale of cigarettes to minors, more than half a billion packs are sold illegally to children under 18. An estimated 3.1 million U.S. teens -- one in six --are regular smokers, the attorneys general said. The Food and Drug Administration (FDA) hopes to carry out regulations that would sharply curtail advertising and marketing of cigarettes to minors. The tobacco industry has sued the FDA to stop the rules from going into effect. A court hearing is scheduled for next February. According to the survey, the children's rate of purchasing success varied from a high of 52 percent in Massachusetts to a low of 23 percent in Vermont. In New York, it was 35 percent, while in New Mexico and Minnesota it was 27 percent and 29 percent respectively. The five attorneys general recommend that retailers require photo identification for tobacco purchasers under age 25, keep cigarettes behind the counter or in a locked case and use ``secret shoppers'' to monitor employee compliance and reward workers who comply. Sixten attorneys general, including those from Massachusetts and Minnesota, have sued the tobacco industry to recoup health care costs of smokers. New York City has taken a similar action. One in Three Kids Able to Buy Cigarettes Thursday October 24 11:24 PM EDT NEW YORK (Reuter) - One in three teen-agers was able to buy cigarettes in a five-state sting operation, with the greatest rate of success in discount stores, according to a survey released Thursday. In the operation sponsored by attorneys general in Massachusetts, Minnesota, New Mexico, New York and Vermont, minors attempted a total of 1,405 cigarette purchases in the last five months and succeeded 463 times, a third of the time. The results were announced as the Food and Drug Administration is fighting efforts to halt regulations aimed at curtailing advertising and marketing of cigarettes to minors. The tobacco industry has sued the FDA to stop the rules from going into effect. A court hearing is scheduled for February 1997. "The sting results make it clear that we need aggressive involvement at the local level through community tobacco control programs and at the federal level through new FDA rules," said Massachusetts Attorney General Scott Harshbarger. Children had the easiest time buying cigarettes in discount stores, where they were successful 43 percent of the time. The rates of success in other stores were: gas stations, 36 percent; drug stores, 34 percent; convenience stores, 31 percent; grocery stores, 30 percent; and others, 28 percent. Although all 50 states prohibit the sale of cigarettes to minors, more than half a billion packs are sold illegally to children under 18. An estimated 3.1 million U.S. teens -- one in six --are regular smokers, the attorneys general said. According to the survey, the children's rate of purchasing success varied from 52 percent in Massachusetts to 23 percent in Vermont. The rate was 35 percent In New York, 27 percent in New Mexico and 29 percent in Minnesota. Minors involved in the undercover operation volunteered with parental permission and attempted to buy cigarettes while accompanied by a state agent. Harshbarger said the youngest participant to purchase cigarettes in the Massachusetts sting was 13. The Massachusetts portion of the operation targeted communities without local tobacco control programs. The five attorneys general recommend that retailers require photo identification for tobacco purchasers under age 25, keep cigarettes behind the counter or in a locked case and use "secret shoppers" to monitor employee compliance and reward workers who comply. Sixteen attorneys general, including those from Massachusetts and Minnesota, have sued the tobacco industry to recoup health care costs of smokers. New York City has taken a similar action. Reuters Limited Group checks sales of tobacco to teens Minors were sold cigarettes at 11 of the 25 York County locations they visited. York Daily Record 11/09/96 BY MARK WEINSTEIN Daily Record staff Courtney Stocker breezed into the Turkey Hill in Weigelstown a little before 5 p.m. Thursday, picked up a green pack of Basic cigarettes and placed them on the counter. Nearby were signs referring to the state law that buyers must be at least 18 years old. "Is this all?" said the busy clerk, who also had customers waiting on the other side of the counter. He rang up her $2.05 sale, and a moment later, the 15-year-old Central York High School sophomore left with her purchase. "Easy sale," Courtney said. "I think there's a way you can tell. It looked like he didn't care." Courtney had success elsewhere, such as the Rutter's in Manchester. "Rutter's is a responsible tobacco retailer," stated a portion of a sign near a check-out counter. The female clerk rang up a $2.39 sale for Courtney's pack of Salem Lights. The ease with which Courtney and other underage buyers were able to purchase cigarettes was one of the key points the York County Council for a Tobacco Free Youth made during a compliance check. Four volunteers, Central York High School students, conducted the test. The four girls, none older than 15, were able to buy cigarettes at 11 of 25 locations. Courtney and two other 15-year-old students, Katrina Stambaugh and Leslie Miller, were able to make purchases, but Barb Domue, 14, was not the two times she tried. None of the girls smoke. The four girls worked in teams of two at the various locations. One team was driven to stores by council member Joe Fay and the other by council coordinator Helen Lehman. At each stop, one girl would try to buy cigarettes and the other would observe what happened. They constantly walked by signs that indicated people had to be 18 to buy tobacco products and that store workers would check for identification. The sales clerks in those 11 instances didn't ask or check. When clerks did elsewhere, the girls said they had no ID and left. "I'm actually surprised at how many stores didn't sell," said Fay, a council member and health educator for the York Health Bureau. He said a higher percentage of stores sold cigarettes to underage buyers during a similar check earlier this year. "We want to raise awareness among law enforcement and get them more involved in addressing the problem and enforcing the law," Fay said. The council, which meets again next month, wants to work with sellers to combat such underage purchases. A Rutter's official, informed of the council's work, was dismayed and concerned when he heard the results involving the company's stores. The girls were able to buy cigarettes at five of the nine Rutter's they tried. "The results are not very good, and I don't understand why," said Scott Hartman, vice president of operations. "We have not had this issue raised by members of the community." Hartman said the company does considerable training about the law and constantly reminds employees to check for identification. "Obviously, we're going to review it again and do what we have to to address it," he said Friday. The company's efforts to train its workers about the law include a videotape, workbook, store signs and pins employees wear. Employees also sign forms indicating they understand it is against the law to sell tobacco to underage buyers. Hartman said managers in all company stores were being contacted Friday afternoon to review with employees the law and the need to check for ID. But Hartman also noted the young people helping the council broke a state law in trying to buy cigarettes. A portion of state law indicates a person under 18 is guilty of a summary offense for trying to buy or buying cigarettes. The penalty: a fine of not less than $25 for a first offense and not less than $100 for a subsequent one. "From my angle, they did commit a crime to catch us, according to Pennsylvania state law," Hartman said. He also said the law should provide for a more costly initial fine and loss of a driver's license. Hartman and Paul Smith of Turkey Hill said they would be interested in hearing from the council if they could work in a cooperative way. Smith also said his company trained employees not to sell tobacco to underage buyers. "I think any time you deal with people, you'll have some people make good decisions and bad decisions," said Smith, director of marketing and operations. "Quite possibly, we've got to use our area supervisors to once again work with the stores' managers so the manager works with their store staff," Smith said. Back out on the road, Fay pulled his car up to a Mobil station on the northwest corner of Route 30 and North George Street. Courtney, who wore jeans, a green striped blouse and green jacket, was able to buy a pack of Camels from a sales clerk who mistakenly called her "sir" before quickly correcting that to "ma'am." The station's owner and operator also said employees are trained to check for identification. "I can't say we're 100 percent, but we're very much on top of that," Ken Krammes said. He noted the station is close to Central York High School and students often try to buy cigarettes. "We probably deny, on average, 10 to 15 a day," Krammes said. As for the cigarettes the girls bought, Fay and Lehman had them. Fay was unsure what would become of them. End of document. Shops Lax On Tobacco Ban To Kids Sellers, Police Both Ignore Law, Health Official Says Roanoke Times & World News BY JOEL TURNER STAFF WRITER 11/09/96 A survey shows that a third of the stores in Virginia sell tobacco products to youths under 18, but none has ever been convicted of violating the state law, a Health Department official said Friday. The noncompliance rate is a little more than 40 percent among tobacco vendors in Western Virginia, said Neil Graham, director of the state agency's tobacco-use control program. He suggested it is higher than the state rate because tobacco is grown in the region. Only a few tobacco vendors have ever been charged with violating the 8-year-old law - and only one or two cases have ever gone to court. They were thrown out, he said. The tobacco sales law is not being enforced because prosecutors, police and judges have not given it high priority, Graham told the Roanoke Valley Drug and Alcohol Abuse Council. "Tobacco sales to youths might not be at the top of the list for police, but it is a law on the books," he said. "It's no good to have a state law unless you have compliance." Graham said the survey was made by teams of teen-agers who were recruited and trained to go into stores and ask for tobacco products. The youths didn't buy the products, because that would have been a violation of the law, he said. Instead, they presented coupons to store clerks either complementing them for complying with the law or informing them that they had broken it. "We want to educate the clerks about the law," he said. Graham said the agency's survey included 1,100 stores statewide. The Tidewater had the best record with only 22 percent of the stores ignoring the law. Graham said it might take a community movement similar to Mothers Against Drunk Driving to prompt prosecutors and police to take action. Prohibiting sales to youngsters is important because statistics show that about 90 percent of adult smokers begin before they reach 18, he said. "It is a pediatric disease that begins in childhood," Graham said, adding that the average starting age is 12.7 years. He said some of President Clinton's proposed restrictions would help: banning outdoor advertising of cigarettes within 1,000 feet of schools; permitting only black-and-white advertisements in magazines with high youth readership; prohibiting giveaway of caps, jackets and gym bags with tobacco logos; and preventing tobacco brands from sponsoring sporting events. End of document.  From: jmackay@HK.Super.NET Date: Sat, 25 Jan 1997 13:07:14 +0800 (HKT) Subject: Re: monitoring sales to minors To: selfcare@asiaaccess.net.th Cc: israel@globalink.org doc 2 (recombine) Clerk smoked out in cigarette sting Police sent two teens into Murrieta businesses to catch someone selling cigarettes to under-age customers. The Press-Enterprise Friday, November 22, 1996 BY Kevin F. Sherry The Press-Enterprise Riverside, CA MURRIETA Police sent two 15-year-old students into 20 Murrieta businesses Thursday night to see if clerks would sell them cigarettes. One gas station attendant took the bait and received a citation. The sting was timed to coincide with the American Cancer Society's Great American Smoke Out today, said Sgt. Scott Attebery. It's not like the businesses didn't know the police were coming. On Oct. 15, all businesses that sell tobacco in Murrieta were sent a letter from Police Chief Douglas Millmore warning them about the impending police decoy visits. A police officer and an Explorer decoy then visited each location to give another warning, and to distribute information packets about the Stop Tobacco Access To Kids Enforcement (STAKE) Act. The information worked, to some extent. Many clerks came close to selling the decoys cigarettes, but balked when they could produce only their Murrieta Valley High School ID cards, which do not show a date of birth. At the Mobil gas station at 39850 Los Alamos Rd., police cited a 19-year-old clerk from Murrieta for allegedly selling a pack of cigarettes to Explorer decoy Cynthia. "I just went in there and I said, `Marlboro red box,"' Cynthia said. "He gave me my change and I walked right out." Police did not want the decoy students' last names released because they could be used in future sting operations. At the Mobil station, one of five stickers announcing that the location would not sell tobacco to underage children looked familiar to Attebery. "They got it out of the thing we handed them," Attebery said. The tobacco sting marks the second such operation using under-aged decoys in the city since September. On Sept. 27 Temecula and Murrieta police teamed up to run a similar program in which under-aged decoys attempted to buy alcohol. Nine of the 27 stores checked in the two cities sold alcohol to under-aged teens. Murrieta police have been seeking a grant for up to $5,000 to allow underage smoking offenders to attend cessation classes at Sharp HealthCare Murrieta. The police have been citing underage smokers since August, 1994. Selling tobacco to minors is punishable by a $200 fine for the first offense, $500 for the second and $1,000 for the third. Businesses also can lose their licenses, Attebery said. Sting to Smoke Out Cig Sales to Minors Newsday Friday, November 22, 1996 By Katti Gray. STAFF WRITER Merchants in the Rockaways caught selling cigarettes to minors in the coming weeks could land in jail. That is the aim of Public Advocate Mark Green and Queens District Attorney Richard Brown who, responding to residents' complaints, are launching a buy-and-bust sting in Far Rockaway, Edgemere and Arverne. Community activists there say they routinely see young people making the purchases, lighting up and loitering outside establishments in those communities. "Kids come into the stores, their heads barely clearing the counter, and they're buying one cigarette, two cigarettes," said Al Moore, a member of the Rockaway Citizens Action Team. "If this is so blatant, maybe this might be the tip of the iceberg. If this goes on, if we sort of allow it, the next step might be something worse," said Clarence Walls, another group member. The DA's office plans within the next week to send storeowners with tobacco licenses letters warning them against selling to minors and outlining the penalties for those caught flouting the law. An auxiliary of police cadets, young adults seeking admission to the police academy, will pose as teenagers in the crackdown. Legally, merchants must request photo identification from any cigarette buyer who appears younger than 25 and not sell the substance to those under 18. Violators can be tried on civil charges carrying fines from $300 to $1,000 and can lose their license to sell tobacco products. Or they can face criminal prosecution on the first offense, a charge punishable with a $1,000 fine and a year's incarceration. "There's nothing much more serious than enticing a child to ingest a time-bomb called cancer," Green said. "The goal is not to make citizens into felons but to stop the people from making a profit by causing children to start an addiction." Brown's spokeswoman, Mary de Bourbon, said, "This is a Class A misdemeanor and . . . we mean business." The project being piloted in the Rockaways could spread elsewhere, depending on how it fares in test neighborhoods, officials said. Many Stores Selling Smokes To Teens Kids Were Given Cigarettes 39 Percent Of The Time. Fort Wayne News-Sentinel Published: Wednesday, November 27, 1996 Section: FIRST SECTION Page: 10A ASSOCIATED PRESS A clandestine operation to gauge whether businesses comply with the state's ban on tobacco sales to juveniles has found plenty of room for improvement. During random checks of 586 grocery, convenience or other stores, clerks at 229 - or 39 percent - of the stores were willing to sell tobacco products to juveniles, State Excise Police Capt. Steve Anderson said Monday. State law bars Hoosiers under the age of 18 from possessing or buying tobacco. About 100 juveniles ages 15 to 17 volunteered to take part in the random checks, mandated under a new federal law. The random checks were staged August through October at stores in 41 of the state's 92 counties. Noncompliance rates ranged from 70 percent in Vermillion and Lawrence counties to 0 percent in Floyd and Morgan counties. None of the establishments checked during the random checks will face penalties because sales to underage youths did not actually occur, Anderson said. ``There were no penalties issued at any time. These were unannounced random checks,'' he said. The checks were conducted in clusters of 10 at businesses ranging from gas stations to bowling alleys. In all instances, two juveniles were accompanied by an excise officer and a supervising adult. The checks unfolded like this: the excise officer entered the store, followed by one of the two teens, who would approach the store counter and ask for a particular brand of cigarettes. If the clerk produced the cigarettes and started to ring up the purchase, the teen would ``discover'' that he or she did not have enough money and leave the store, Anderson said. During the check, the second teen remained in the officer's car with the supervising adult. The two teens alternated going into the stores. The data collected from the random checks were analyzed by the Institute for Drug Abuse Prevention at Indiana University. William Bailey, the center's director, said the 39 percent noncompliance rate, while disappointing, is about what he and other staff members had anticipated the random checks would uncover. ``I believe 40 percent willing to sell is not a very good level of compliance and that we should really be alarmed,'' he said. ``If 40 percent of the attempted alcohol purchases by juveniles were allowed to go through that would be awful.'' Bailey said that, excluding liquor stores, bars and other establishments juveniles are prohibited from entering, there about 75,000 stores where teens can enter in search of tobacco products. Businesses caught in the act of selling tobacco products to juveniles face a class C infraction that carries a fine of $10 per instance, excluding court costs, Anderson said. The report's findings have been forwarded to the state Division of Mental Health. The agency will draft proposals for lowering the state's noncompliance rate to 20 percent or lower within about five years. TOBACCO SALES TO TEENS BY COUNTIES The following table depicts the results of random checks at 586 grocery stores, convenience stores and other businesses to check for compliance under a state law that prohibits tobacco sales to those under age 18. The checks were conducted by State Excise Police in the 41 counties between August and October: County Inspections Violations Noncompliance Adams 10 3 30% Allen 19 2 11% Bartholomew 9 3 33% Clark 10 6 60% Clay 10 2 20% DeKalb 10 6 60% Delaware 10 5 50% Dubois 9 2 22% Elkhart 20 8 40% Floyd 10 0 0% Fountain 10 5 50% Gibson 10 3 30% Grant 10 2 20% Hamilton 20 1 5% Harrison 9 5 56% Jackson 9 2 22% Johnson 19 4 21% Knox 9 5 56% LaGrange 10 2 20% Lake 39 26 67% La Porte 20 7 35% Lawrence 10 7 70% Madison 9 5 56% Marion 79 38 48% Monroe 19 11 58% Montgomery 10 5 50% Morgan 10 0 0% Ohio 10 1 10% Pike 10 5 50% Porter 30 8 27% Pulaski 9 5 56% St. Joseph 10 6 60% Starke 10 4 40% Steuben 10 2 20% Switzerland 10 6 60% Tippecanoe 10 2 20% Tipton 9 4 44% Vanderburgh 19 9 47% Vermillion 10 7 70% Vigo 10 3 30% Whitley 10 2 20% State totals 586 229 39% All content (c) 1996 The News-Sentinel and may not be republished without permission. Gilmore: Tobacco sting can use youth Opinion cites need for parental approval Richmond Times-Dispatch Wednesday, November 27, 1996 BY MICHAEL HARDY Times-Dispatch Staff Writer Law enforcement agencies may employ youths to help crack down on illegal sales of cigarettes and other tobacco products to teen- agers, Attorney General James S. Gilmore III said yesterday. In an opinion requested by a state lawmaker, Gilmore said police and sheriffs departments are not barred by state law from using the youths, with their parents' approval, in sting operations. Virginia law generally prohibits any person from selling or distributing tobacco products to minors, or purchasing such products for them. It also outlaws knowingly permitting people younger than 18 to buy or possess the products. But that law, Gilmore wrote, does not forbid the possession of tobacco products by a minor delivering them as part of a job or employment. That exception would permit teen-age undercover agents, he said. ''Minors acting in express pursuit of their employment by law enforcement officers, and with their parents' approval, are clearly'' covered by the exemption, Gilmore said. ''It is, therefore, my opinion that it is lawful for law enforcement officers to employ minors as undercover agents in the enforcement of the prohibition against selling tobacco products to minors.'' Aside from his legal opinion, Gilmore said yesterday he favors use of youths to combat the illegal sale of tobacco products. Gilmore, who was chief prosecutor in Henrico County for six years, said such undercover operations have proved effective in other areas of law enforcement, including fighting the illegal sale of alcohol, and there is no reason not to use youths. ''It would be a very effective way to carry out our goal of stopping teen-agers from smoking,'' he said. Gilmore's opinion might resolve some of the confusion about whether police or sheriffs could legally employ juveniles in tobacco-sales stings. Although attorney general opinions do not have the force of law, judges usually give them great weight in deciding issues. The opinion, written Nov. 7, was requested by Del. William C. Mims, R-Loudoun, a member of a House panel studying the use of tobacco by minors. Mims released the opinion at the panel's meeting yesterday. Del. James F. Almand, D-Arlington, a panel member and chairman of the House Courts of Justice Committee, welcomed the opinion by Gilmore, a Republican. Almand has been a leader in seeking legislation to expand prohibitions against tobacco use by juveniles. Undercover operations would ''clearly be the most effective way to enforce the law,'' Almand said in an interview after the panel's meeting. ''They've been used in other states most effectively.'' While the Clinton administration encourages using youths in tobacco-sales stings, Virginia has concentrated its efforts on prevention and education to reduce illegal sales. For all the stiffening of Virginia laws, Almand and others have said they do not know of any prosecutions for selling tobacco products to youths. Violators risk civil fines from $50 to $250. Police departments focus on education and generally do not have the staffing or inclination to deal with such relatively minor violations when they have their hands full with serious crime, the committee has been told. But Almand said Virginians are increasingly uncomfortable with the nonenforcement of the law. ''The mood of Virginia is changing. We are going to find more law enforcement agencies interested in enforcing these laws because of the health consequences'' of underage smoking, Almand said. Enforcement and court action would send a powerful message to businesses that do not police the sale of cigarettes, he said, noting that without enforcement, businesses can break the law with impunity. A recent statewide study by the Virginia Department of Health concluded that it is not hard for youths to buy tobacco products from many retail stores and vending machines in Virginia. The Department of Health used youths who, under adult supervision, attempted to purchase tobacco from stores and vending machines earlier this year. Youths ages 12 to 17 were successful in 36.9 percent of their attempts to purchase tobacco products, the Health Department reported, or 389 out of 1,053 attempts. When broken down by method of purchase, the study reported that the youths could buy tobacco products over the counter in 32 percent of the cases, while they could buy from machines 91 percent of the time. The study found the highest percentage of illegal tobacco sales occurred in Northern Virginia, with purchases made in 49.1 percent of attempts. Next were western Virginia, 44 percent; central Virginia, 34.6 percent; and eastern Virginia, 27.4 percent. Lobbyists for tobacco and other interests have said that most businesses comply with the law and that the industry supports enforcement. (c) 1996, Richmond Newspapers Inc. Opposition to Cigarette Stings The New York Times Publication Date: November 29, 1996 Section B, Page 1, Column 1 NEW JERSEY DAILY BRIEFING By ANDY NEWMAN CAPE MAY COURT HOUSE -- The Federal Government has told New Jersey to stop stores from selling cigarettes to minors or risk losing financing for drug abuse programs. The state, in turn, has asked local and county health departments to send minors to buy cigarettes in sting operations. But in Cape May County, the buck stops at the Board of Freeholders. The board voted Tuesday not to recruit youngsters. Freeholder Gerald Thornton said yesterday that there were too many potential problems: suits claiming entrapment, ethical questions about using children as undercover agents, and difficulties arising from having health inspectors, who have no powers of arrest, enforce the law. Copyright c. 1996 New York Times Company  From: jmackay@HK.Super.NET Date: Sat, 25 Jan 1997 13:07:22 +0800 (HKT) Subject: Re: monitoring sales to minors To: selfcare@asiaaccess.net.th Cc: israel@globalink.org doc 3 Study: Teens Buy Cigarettes Easily Sun-Sentinel Ft. Lauderdale Tuesday, December 03, 1996 BY BOB LaMENDOLA Staff Writer A new study done in Broward County gives a hint about how teens buy smokes so easily. They get help from the clerks who guard cigarette machines. In 30 of 99 cases, clerks gave change to teens as young as 12 who asked for coins for cigarettes, said the study's authors at Florida Atlantic University in Davie. "These are people who are supposed to be making sure minors don't buy cigarettes," said B. Sue Graves, an assistant professor of health sciences at FAU. The study, published in this week's report from the U.S. Centers for Disease Control and Prevention, also found that a few vendors left machines unattended. Also, one in five of the businesses had not posted signs forbidding minors, as required by state law since 1994. The results suggest that President Clinton should speed up his plans to ban cigarette machines except in places open to only adults, said study leader Stephen Bridges. The ban is set to begin in August. A federal spokeswoman said the date probably will not change. The Broward study was done in March and April. FAU sent five girls and six boys ages 12 to 17 into 103 restaurants, taverns, hotels, bowling alleys, pool halls and other places with cigarette machines. An adult went in separately to observe. The teens specifically asked the clerk for change for the cigarette machine. If they received change, they put the money in the machine but got it back without buying anything. In four cases, the machines were unattended. Bridges said the FAU study gave businesses a chance to act responsibly, but not enough did. The task is not easy, said Bob Phillipps, manager of University Bowl in Davie, which was not included in the study. He said he has told his staff to be careful, but teens probably often get their smokes. "When it becomes very hectic, a clerk would tend to just make the change and not think about the transaction," Phillipps said. The study results did not surprise Capt. Allen Nash, Broward supervisor for the state Office of Alcoholic Beverages and Tobacco, which regulates cigarette machines. His tests show clerks give change for cigarettes to teens 20 percent of the time. They are fined up to $500 when caught, and compliance has improved in the past three years. State Agents May Be Used in Tobacco Stings Va.'s Gilmore Has Plan To Curb Teen Smoking The Washington Post Friday, December 6 1996; Page A21 By Ellen Nakashima Washington Post Staff Writer Virginia's state liquor agents should be used to snare retailers who illegally peddle cigarettes to teenagers, Attorney General James S. Gilmore III said yesterday, responding to criticism that authorities have not made a single arrest for selling tobacco to minors since 1990. Gilmore, the likely Republican candidate for governor next year, was attempting to disarm a charge by his probable Democratic opponent, Lt. Gov. Donald S. Beyer Jr., that the state has been lax in discouraging young people from smoking. Gilmore said that Beyer wants tobacco "regulated out of existence" because he has endorsed federal controls on cigarette advertising aimed at teenagers. Using the liquor agents is an effective way to curb teenage cigarette purchases without involving the federal government, Gilmore said. "This is a state agency that will enforce state laws," he said. "It's irresponsible for a Virginia official to say Virginia can't enforce our laws and turn to Washington for help." Gilmore's remarks, at the Virginia Farm Bureau's annual convention, escalate the rhetoric over what could be the most volatile issue in the 1997 governor's race: tobacco regulation. Both men are carefully staking out positions because tobacco is the state's largest cash crop, worth $180 million a year to 8,500 growers and because teenage smoking is on the rise. Beyer said that Gilmore's proposal deserves consideration but that enforcement is only one piece of the puzzle. "The other piece is marketing of tobacco products to children," he said. "A sting in a grocery store doesn't get rid of Joe Camel." Beyer on Wednesday had defended his stand before the same group. "Today, more than one in three teenagers in Virginia smokes --and one in every three of them will die from a tobacco-caused illness," Beyer said. "In America, and in Virginia, we have a responsibility to protect our children from cigarettes. And we've done a lousy job." Gilmore took heat from anti-smoking forces and from Beyer when he signed on to support a lawsuit seeking to block federal restrictions on cigarette advertising. The attorney general's new plan would allow the state's 140 Alcoholic Beverage Control officers, who normally enforce state liquor laws, to conduct stings and surveillance at stores and fine violators who sell tobacco to minors, said Mark A. Miner, Gilmore's spokesman. State law provides for a fine of $50 for any minor who buys cigarettes and any vendor who sells to a minor. The fine rises to $100 on the second offense and to $250 on the third. Miner said officials in Gov. George Allen's administration will examine raising the fines. Gilmore's proposal has support from Republican Allen, the beverage control board appointed by the governor and the Farm Bureau. But it is being greeted skeptically by both anti-smoking activists and tobacco farmers. "It's an effective way to perhaps curtail some of the youth smoking," Farm Bureau spokesman Greg Hicks said, and he discounted potential economic harm to farmers. But Pittsylvania County tobacco farmer Terry Moore said using liquor officers to enforce the law "may be going a little bit overboard." Moore agreed that cigarette sales to minors should be restricted but said he thinks retailers are obeying the law. "I notice here, a whole lot now, businesses have signs on the door: `We card for tobacco,' " he said. "I have personally seen retailers check IDs." Hilton Oliver, executive director of Virginia GASP (Group to Alleviate Smoking in Public), said the plan sounds good on the surface. "But ... Gilmore's so linked with the tobacco lobby that I don't believe for a moment he will do anything to antagonize them," Oliver said. John F. Banzhaf, executive director of the national anti-smoking group Action on Smoking and Health, said what are needed are stiffer fines, a licensing plan for tobacco outlets with the threat of revocation for illegal sales, and mandatory ID checks. He noted that teenage smoking is at its highest point in 16 years, with 30 percent of teenagers reporting they smoke regularly. Gilmore's office announced last week that it is legal to use teenagers working undercover to see whether stores are selling cigarettes to minors. A summer survey mandated by federal law found that teenage test buyers in Virginia were able to buy cigarettes 37 percent of the time. (c)Copyright 1996 The Washington Post Company Health Board Feels Queasy About Teen Sleuths Chicago Tribune Date: Thursday, December 12, 1996 Source: By William Grady, Tribune Staff Writer. Section: METRO DU PAGE Column: About DuPage. Government. Parts: 9 Staffers at the DuPage County Health Department were looking to join in the battle against teenage smoking, one of the trendier public-health issues at the moment. But their proposal to add the Health Department to a growing number of public agencies that use so-called sting operations has been met with skepticism by members of the county's Board of Health, who appear uncomfortable with the idea of teen sleuthing. In these undercover stings, teenagers are used to test retailer compliance with state laws that prohibit the sale of tobacco products to those under the age of 18. The stings have proved effective in the fight against teen smoking. Their use has been encouraged by a new federal mandate to crack down on illegal cigarette sales. In August, the Cook County Department of Public Health reported the results of a study, using teen volunteers, that found that 37 percent of the stores visited offered to sell tobacco products to underage youths. The department sent letters to violators informing them of the sting and trying to educate them about the state law. Similar stings are carried out periodically, usually by police departments, in more than two dozen Chicago-area communities. DuPage Health Board members, though, were uncomfortable with a proposed compliance study that was developed by department staff in cooperation with an anti-teen smoking program begun by the DuPage sheriff's office. Staffers had proposed using volunteers between the ages of 15 and 17 who, under adult supervision, would make random efforts to buy cigarettes at convenience stores throughout DuPage. In a memo to the Health Board, staffers proposed that a teen approach a clerk and ask for a "popular brand of cigarettes." "If the clerk states a price (e.g., `That will be $2.'), the youth will be instructed to then say, `I'm sorry, I left my money at home,' and leave the store," according to the memo. "This outcome will be labeled an `offer' even though no sale actually takes place." Stores would not have been cited, but the Health Department intended to send them letters. Health Board members suggested that such approaches were better handled by law enforcement agencies. "We certainly don't have any expertise in sting operations," said County Board member Patricia Bellock (R-Hinsdale), who serves on the Health Board. Dr. David McNutt, Health Department executive director, said staffers are studying possible ways to revise the proposal to overcome board objections. Copyright Chicago Tribune Accessibility to Minors of Smokeless Tobacco Products --- Broward County, Florida, March-June 1996 Morbidity and Mortality Weekly Report December 13, 1996 Health consequences associated with use of smokeless tobacco (SLT) (i.e., snuff or loose-leaf or fine-cut chewing tobacco) products include halitosis, leukoplakia, and oral cancer (1). Periodontal degeneration and soft tissue lesions are early indicators of these conditions and diseases among persons who use SLT (1). Since October 1992, the sale of tobacco products to minors (i.e., persons aged less than 18 years) has been prohibited by law in Florida, and since May 1994, Florida law has required businesses to post warning signs stating that tobacco sales to minors are illegal and that proof of age is required to purchase tobacco products such as SLT.* To assess the impact of these laws on over-the-counter access to SLT by minors in Broward County (1990 population: 1,244,531), during March-June 1996 faculty from Florida Atlantic University's Department of Exercise Science/Wellness Education conducted a study to measure vendor compliance with tobacco minimum-age sale laws and with the sign statute. This report summarizes the findings of the assessments, which indicated that nearly one third of attempts by minors to purchase SLT products were successful. The 1995-1996 Beverage License File maintained by the Florida Department of Business and Professional Regulation (DBPR) was used to identify five categories of businesses in the county: pharmacies, convenience stores, grocery stores, gas stations, and "smoke shops" (i.e., businesses where the predominant merchandise is tobacco or tobacco-related products) (n=1211). A map of the county was divided into 10 equally sized areas; within each of these areas, approximately 20% of the businesses were randomly selected to produce a total sample of 242 businesses. Of these 242, a total of 117 were excluded: they were not surveyed because of time constraints (67), were inaccurately surveyed (37), did not sell SLT (eight), or had closed (five). The remaining 125 businesses represented 10% of the 1211 county total and comprised 33 (13%) of the 246 pharmacies, 20 (8%) of the 268 convenience stores, 25 (7%) of the 381 grocery stores, 41 (14%) of the 297 gas stations, and six (32%) of the 19 smoke shops. The assessment employed five teams of volunteers, each comprising one minor and one adult; two of the minors were female (both aged 15 years), and three were male (one each aged 15, 16, and 17 years). One purchase attempt was made at each of the 125 businesses. Purchase attempts used the following procedure (2): the adult member of the team entered the business first to note the presence of any clearly displayed signs stating that tobacco products would not be sold to minors. The adult then observed while the minor entered, selected an SLT product, and attempted to purchase the product. The attempt was considered successful if a sale was recorded on the cash register or the vendor placed the SLT product on the counter for purchase by the minor; the minor would then state that he or she had insufficient money for purchase and would immediately leave the store. The attempt also was considered successful if the vendor asked for age identification but was prepared to sell the SLT product.** The attempt was considered unsuccessful if the minor was denied purchase outright or asked for age verification and denied purchase. The adult member noted the vendor's reasons for refusal at the time of attempted purchase; when no refusal reason was provided to the minor, the adult team member waited until the minor had departed and then asked the vendor about the reason for refusal. Overall, minors were successful in purchasing SLT in 40 (32%) of 125 retail outlets (Table 1); of these successful purchase attempts, 14 (35%) occurred within one half mile of an elementary, middle, or high school. Success rates were similar among those aged less than 17 years and aged 17 years (34% [95% confidence interval (CI)=plus or minus 17.7%] versus 20% [95% CI=plus or minus 40.0%], respectively), and among males and females (25 [33% (95% CI=plus or minus 21.2%)] of 75 attempts versus 15 [30% (95% CI=plus or minus 25.5%)] of 50 attempts, respectively). For each of the five categories of stores that sold SLT, attempts were successful at 10 (30% [95% CI=plus or minus 31.4%]) pharmacies, 17 (85% [95% CI=plus or minus 31.4%]) convenience stores, three (12% [95% CI=plus or minus 25.5%]) grocery stores, nine (22% [95% CI=plus or minus 25.5%]) gas stations, and one (17% [95% CI=plus or minus 59.6%]) smoke shop. Warning signs provided by the DBPR were posted and clearly visible in 96 (77%) of the 125 stores; 17 of these stores had signs provided by tobacco companies. Success rates were similar in businesses with and without signs (30 [31% (95% CI=plus or minus 18.4%)] of 96 versus 10 [35% (95% CI=plus or minus 34.5%)] of 29, respectively). Single reasons specified by the vendors for 51 of the 85 unsuccessful attempts were that the minor had no proper identification (40 [47%]), the minor appeared to be underaged (nine [11%]), and that the sale of tobacco products to minors was illegal (two [2%]). Multiple reasons specified by the vendors for 34 unsuccessful attempts were that the sale of tobacco products to minors was illegal and the minor had no proper identification (11 [13%]), that the store had a policy prohibiting sales to minors and that the minor had no proper identification (eight [9%]), that the store had a policy prohibiting sales to minors and that the minor looked too young (six [7%]), and other reasons (nine [11%]). Reported by: FS Bridges, EdD, Dept of Health, Leisure and Sports, The Univ of West Florida, Pensacola; BS Graves, EdD, Dept of Health Sciences, Florida Atlantic Univ, Davie, Florida. Editorial Note: In 1994, a report issued by the Surgeon General indicated that approximately 20% of high school males were current users of SLT products (1). In 1993, approximately one half of minors aged 12-17 years who had used SLT during the previous month usually purchased their own SLT; of those who usually purchased their own SLT, most (82%) often or sometimes bought from small businesses such as convenience stores (3). The success rate for minors in Broward County in attempts to purchase SLT (32%) was higher than that previously reported in Kansas (15%), similar to that reported in Palm Beach County, Florida (35%), and lower than that reported in Texas (59%) (2,4,5). In this assessment and in previous reports (2,4), minors mimicked (i.e., attempted but did not complete) over-the-counter purchase of SLT; this method has been validated as an accurate measure of vendor compliance with tobacco minimum-age sale laws (6). However, the findings in this report are subject to at least two limitations. First, data were obtained from the files of the DBPR for only five types of businesses because they were most likely to sell SLT. However, businesses included in the analysis probably do not differ from businesses in other categories that were excluded. Second, 28% of the selected sample was not surveyed because of time constraints. Whether purchasing SLT at businesses that were not surveyed would have been more difficult could not be determined. The Synar Amendment and implementing regulations require all states receiving federal funds to prevent and treat substance abuse to enact and enforce a law prohibiting the sale or distribution of tobacco to persons aged less than 18 years and to reduce the statewide illegal sales rate to less than or equal to 20% over several years*** (7). The findings of the assessment in this report may further assist tobacco-use-prevention coalitions and other organizations in developing approaches to educate parents and the public about the need to support enforcement of existing local, state, and federal laws restricting the sale of SLT and other tobacco products to minors. References 1. US Department of Health and Human Services. Preventing tobacco use among young people: a report of the Surgeon General. Atlanta, Georgia: US Department of Health and Human Services, Public Health Service, CDC, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 1994. 2. Hoppock KC, Houston TP. Availability of tobacco products to minors. J Fam Pract 1990;30:174-6. 3. CDC. Accessibility of tobacco products to youths aged 12-17 years--United States, 1989 and 1993. MMWR 1996;45:125-30. 4. CDC. Minors' access to smokeless tobacco--Florida, 1994. MMWR 1995;44:839-41. 5. CDC. Minors' access to tobacco--Missouri, 1992, and Texas, 1993. MMWR 1993;42:125-8. 6. Cummings KM, Saunders-Martin T, Clarke H, Perla J. Monitoring vendor compliance with tobacco sales laws: payment vs no payment approaches. Am J Public Health 1996;86:750-1. 7. Substance Abuse and Mental Health Services Administration. Final regulations to implement section 1926 of the Public Health Service Act regarding the sale and distribution of tobacco products to individuals under the age of 18. Federal Register 1996;13:1492-500. * Florida Revised Statutes 859.06-859.061. ** During one successful purchase attempt, the adult/minor team determined that although the minor stated that he did not have age identification, the vendor was prepared to sell the SLT product based on his placement of the SLT product on the counter and attempt to record the sale on the cash register. *** Public Law 102-321, ***1926 (42 USC ***300x-26). Undercover Teens To Test Retailers Who Sell Tobacco The Recruits Will Help The State Check Which Stores Are Not Complying With A Law Prohibiting Sales To Juveniles. Portland Press Herald Tuesday, December 24, 1996 BY Polly Saltonstall Guy Gannett News Service Maine teen-agers will go undercover in a few weeks to test whether retailers are complying with a state law prohibiting the sale of tobacco products to juveniles. The teens, ranging in age from 15 to 17 and working in pairs whenever possible, will go into stores to buy cigarettes, followed by plainclothes state agents. The agents will issue a summons to anyone who sells the youths a tobacco product without asking their age, said Dr. Dora Ann Mills, director of the Bureau of Health at the Department of Human Services. "We want to allow fair and just notice to store owners, store clerks and others that unannounced inspections are starting soon and will be here for good," she said Monday. DHS contracted with the Maine Sheriff's Association to provide law enforcement agents who will issue violation notices, essentially summoning a clerk and/or store owner to administrative court, said Assistant Attorney General Chris Leighton. "The penalty is loss of their license (to sell tobacco)," Leighton said. "But the state's not in the business of trying to drive people out of business, and first-time offenders will be given the opportunity to enter in a consent agreement where they agree to pay a fine and abide by the law." The fines may range from $50 to $1,500, Mills said. Some people have complained about involving youngsters in the tobacco stings, but Mills said the state has no alternative. "You can't use 18-year-olds because they would have to lie about their age," she said. "This is a protocol that has been used in other states and it's worked." The juvenile inspection program is the result of a collaboration between DHS, the Office of Substance Abuse and the attorney general. It stems from a 1992 federal law calling for random unannounced inspections to enforce tobacco regulations, state officials said. The penalty for noncompliance with the federal law includes the loss of federal subsidies to the state for substance abuse prevention. A state law passed last year prohibiting the sale of tobacco to minors established the new license program and gave the DHS and AG's office enforcing authority. Plans call for the formation of local teams consisting of one or two youth volunteers, an adult supervisor and a law enforcement agent. The sheriff's association has a two-year, $48,000 contract to provide more than a dozen agents. Those agents can be anyone with law enforcement experience, ranging from retired game wardens to off-duty deputies, said the association's spokesman, Hancock County Sheriff Bill Clark. DHS intends to do 600 inspections during the next year, about a third coming in the first month, Mills said. The unannounced visits will begin in mid-January, soon after the inspection teams finish a one-day training session. The state hopes to recruit up to 100 volunteer youth inspectors. The teens will be told to use their own names and not lie about their age or anything else, Mills said. "They will try to buy tobacco and if they are asked for identification that will be the end of it. They will not pull out phony IDs or anything like that. There will be no trickery," she said. DHS hopes to recognize stores complying with the law, as well as penalize those violating it. Communities around the state have experimented with unannounced inspections, but until now have been unable to enforce the state law. Those localized programs have found most stores tend to comply with the law, Mills said. But all it takes is one or two violators in a community to keep local teens illegally supplied with tobacco. "Clearly teens in Maine are finding cigarettes easily," she said, noting Maine's young adult smoking rate is the nation's highest. "We know about 90 percent of Mainers addicted to tobacco started smoking before they turned 18, before they were legally allowed to buy cigarettes. This is one of the few tools we have right now to get to the youth access issue," Mills said. TOBACCO LAWS Under Maine law, no one may sell, furnish or give away cigarettes or tobacco to anyone under 18 or even offer to do so. Clerks may be fined $10 to $100, store owners $100 to $1,000 and minors $10 to $50. A separate criminal statute - endangering the welfare of a child - makes it a Class D crime to sell, furnish or give away tobacco to anyone under 16. Penalty: one year in jail. It is illegal for anyone under 18 to buy tobacco products. YOUNG SMOKERS In recent years, research on tobacco use among the nation's young people has revealed: Eighty-two percent of adults who ever smoked said they started smoking before the age of 18. Seventy percent of smokers between the ages of 12 and 17 regret their decision to smoke. Sixty-six percent of smokers between 12 and 17 want to quit. Source: Centers for Disease Control, 1994; Gallup Poll. State Shouldn't Use Minors To Solicit Others To Break Law Even When Catching Crooks, Some Methods Are Improper. Portland Press Herald Friday, December 27, 1996 Can a good reason justify a bad action? That question is a very old one, and it is being raised anew in the context of a very good cause: stopping teen-age smoking. It's illegal in Maine for children under 18 to smoke, or for others to sell or furnish cigarettes to minors. Now, however, the state Bureau of Health has a new plan to curtail such sales: Use undercover teen-age volunteers, supervised by sheriffs' deputies, to ask retailers to sell them cigarettes. Despite the good intentions so evident here, it is wrong to encourage minors to solicit illegal acts, even if they don't actually lie about how old they are. Undercover officers may do similar things in drug cases, but that's significantly different. These teens are not sworn police officers. Further, they are at an impressionable age, when being encouraged to solicit lawbreaking for a good cause may become confused with doing so for less reputable reasons. The state should find another, better way to enforce this law.