The Missouri Division of Alcohol and Drug Abuse and the Missouri Department of Public Safety will use the U.S. Department of Health and Human Service’s “Best Practices for Responsible Retailing” Conference Edition Draft as a guide in developing a responsible retailing program for Missouri’s retailers. This report identifies two components, a retailer component and a public sector component that are essential for producing a responsible retailing program. In the initial stages of implementing this program, Missouri will focus on helping retailers with the comprehensive training of sales personnel.
Whether the retail organization is a large chain or an independently owned store, the training program should be comprehensive and not merely a set of instructions on a form that a clerk reads and signs at the time of hire. This method does not adequately prepare clerks for handling the day-to-day situations that arise when youth try to purchase tobacco products.
Although it is recognized that sales clerks play a crucial role in preventing tobacco sales to minors, a retail establishment must also define the responsibilities of managers of individually owner stores and line managers, district managers, and senior management of retail chains. Continuing supervision and accountability will be crucial in preventing illegal sales to minors.
|Responsible Retailing Program|
|As recorded in 11 CSR 70-3010 Retailer Employee Training Criteria, the minimum retailer employee training, as referenced in section 407.931.6, RSMo, shall not exceed a total of (90) minutes and shall cover the following criteria:
· State laws as set out in 407.926, RSMo, et seq.;
· Federal regulations pertaining to retail sales of tobacco products, set out in 21 CFR Part 897;
· What constitutes a valid identification as set out in section 407.929.2, RSMo;
· How to determine the validity of an identification and to detect fake, invalid and/or altered identifications;
· The refusal and denial of the sale of tobacco products to a minor or to someone without proper identification; and
· A signed and dated certificate upon completion of the training stating that the employee has been trained and understands the state laws and federal regulations regarding the sale of tobacco.
|Employee Training Criteria|
|In July 1992, Congress enacted the Alcohol, Drug Abuse and Mental Health Administration Reorganization Act (Public Law 102-321), which included an amendment (section 1926) aimed at decreasing access to tobacco products among individuals under 18. Named for its sponsor, Congressman Mike Synar of Oklahoma, the Synar amendment required States to enact and enforce laws prohibiting any manufacturer, retailers, or distributor from selling or distributing tobacco products to individuals under the age of 18. The goal of the amendment was to reduce the number of successful illegal purchases by minors to no more than 20 percent of attempts in each State within a negotiated time period.
The Synar legislation requires that each State annually conduct random, unannounced inspections of a sample of tobacco vendors to assess their compliance with the State’s access law. Each State must submit an annual report to the Secretary of Health and Human Services describing that year’s enforcement activities, the extent to which the State reduced availability of tobacco to minors, and a strategy and timeframe for achieving an inspection failure of 20 percent or less of outlets accessible to minors. A noncompliant State may lose a percentage of its Federal block grant funds for substance abuse prevention and treatment.
|The Synar Amendment|
|THE STATE LAW
MISSOURI REVISED STATUTES
|SECTION 407.926 – NO TOBACCO SALES TO MINORS – PENALTIES.
Any person or entity who sells or distributes tobacco products by mail or through the Internet in this state is in violation of subsection 1 of this section and shall be assessed a fine of two hundred fifty dollars for the first violation and five hundred dollars for each subsequent violation.
SECTION 407.927 – REQUIRED SIGN STATING VIOLATION OF STATE LAW TO SELL TOBACCO TO MINORS UNDER AGE 18—DISPLAY OF SIGN REQUIRED ON TOBACCO DISPLAYS AND VENDING MACHINES.
The owner of an establishment at which tobacco products or rolling papers are sold at retail or through vending machines shall cause to be prominently displayed in a conspicuous place at every display from which tobacco products are sold and on every vending machine where tobacco products are purchased a sign that shall:
(1) Contain in red lettering at least one-half inch high on a white background the following: “It is a violation of state law for cigarettes or other tobacco products to be sold or otherwise provided to any person under the age of eighteen or for such person to purchase, attempt to purchase or possess cigarettes or other tobacco products.” And
(2) Include a depiction of a pack of cigarettes at least two inches high defaced by a red diagonal diameter of a surrounding red circle, and the words “Under 18”.