KEEPING TOBACCO AWAY FROM KIDSRetailer Education Kit

A Program Developed by Michigans Youth Access To Tobacco Workgroup

May 2013Part 1 of 2

Every day almost 3,500 kids between 12 and 17 years of age smoke their first cigarette, and an estimated 850 kids become daily cigarette smokers.

FDA, U.S. Food and Drug Administration*

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Tobacco Affects Everyones Health

Your Legal Responsibility

Refusing to Sell Tobacco to Teens

PROGRAM GOALS

Why should you be concerned about selling tobacco to kids? *

*Nicotine reaches the brain within 10 seconds after smoke is inhaledNicotine goes to every part of the body, includingbreast milk Carbon monoxide binds to hemoglobin in red blood cells, preventing them from carrying a full load of oxygen

*Cancer-causing agents (carcinogens) in tobacco smoke damage important genes that control the growth of cells, causing them to grow abnormally or to reproduce too rapidlySmoking affects the immune system and may increase the risk for respiratory and other infections

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Tobacco use is the number one preventable cause of death and disease in MichiganSmoking a few cigarettes a week can cause a heart attackHabitual smoking increases the risk of smoking-related cancers; risk rises as the individual continues to smokeThe earlier a person starts using tobacco, the harder it is to quitNicotine is addictive in ways similar to heroin, cocaine, and alcohol

The 2010 Surgeon Generals Report

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Poisons in secondhand smoke put children in danger of severe respiratory diseases and may hinder the growth of their lungs

There are no safe levels of secondhandsmoke exposure for anyone

Content source: National Center for Chronic Disease Prevention and Health Promotion, Division of Adolescent and School Health & US Centers for Disease Control & Prevention

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*Costs for disease and death are paid by everyone through tax supported programs like Medicaid, Medicare, disability, health departments, and health and hospital systemsYou and your employer also pay through increased health insurance costs and time lost from workFor a complete list of the effects of smoking see Winstanley et al (1995)

*Teens are more likely to become strongly addicted to nicotine

Children and teenagers constitute the majority of all new smokers

Youth who try to quit suffer the same nicotine withdrawal symptoms as adults

Content source: National Center for Chronic Disease Prevention and Health Promotion, Division of Adolescent and School Health *

*Dark Blue Areas Indicate Brain Nicotine Receptors

SMOKING SATURATES RECEPTORS

National Institute on Drug Abuse, NIH

*83% of young smokers (aged 12-17) choose the three most heavily advertised brands of cigarettesMost young smokers start before they are 18 years old14% of students under the age of 18 who currently smoke cigarettes reported they usually obtained their own cigarettes by buying them in a store or gas station

Content source: National Center for Chronic Disease Prevention and Health Promotion, Division of Adolescent and School Health

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643 youth smokers responded to the following question - During the past 30 days, how did you usually get your own cigarettes?

24.0% borrowed or bummed off of someone else23.5% gave someone else money to buy them11.2% received from a person 18 years or older20.0% bought them in a store 2.5% bought them from a vending machine 6.0% reported getting them through a store or family member12.0% reported getting them some other wayContent source: Michigan YTS 2011

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*Michigan Youth Tobacco Act YTA

**"Minor" means an individual under 18 years of age."Person who sells tobacco products at retail" means an individual whose ordinary course of employment includes the retail sale of tobacco products and is a seller."Public place" means a public street, sidewalk, or park, or any area open to the general public in a publicly owned or operated building or public place of business."Use a tobacco product" means to smoke, chew, suck, inhale, or otherwise consume a tobacco product.MCL722.644

*Retail stores that sell tobacco must post the state required sign

The sign must be posted close to the register

Customers and employees must be able to easily see the sign

The sign is available from the Michigan Department of Community Health at http://www.healthymichigan.com/PDF/T126.pdf MCL 722.641 (2)

*http://www.healthymichigan.com/PDF/T126.pdf

*Purchase or attempt to purchase a tobacco productPossess or attempt to possess a tobacco productUse a tobacco product in a public placeAttempt to purchase tobacco with a false ID

MCL 722.642

*"Tobacco product" means a product that contains tobacco and is intended for human consumption, including, but not limited to, cigarettes, non-cigarette smoking tobacco, or smokeless tobacco and cigars

MCL722.644(d)

Products Prohibited to Youth

*Products Prohibited to Youth

*Tobacco Seller RegulationsNo person shall sell, give, or furnish a tobacco product to a minor

Any person who sells, gives, or furnishes tobacco to a minor is guilty of a misdemeanor punishable by a fine of up to $50.00 for each violation

MCL 722.641

Seller, it is YOUR responsibility!*

*Clerks can refuse sales to persons that may be purchasing tobacco products for minorsSellers should be aware of others purchasing tobacco products for minors and refuse those salesRemember, stats say that over 50% of kids in Michigan report that they get adults to buy for them

*A retailer who sells tobacco products shall not sell a cigarette separately from its package

This does not apply to a person who sells tobacco products at retail in a tobacco specialty retail store

A person who sells single cigarettes is guilty of a misdemeanor, punishable by a fine up to $500.00 for each offense

MCL 722.642aSingle Cigarettes - Loosies

*Remember, the CLERK who sells tobacco products to a minor is fined, NOT the store or store owner under Michigan LawMinor employees can have tobacco products in their possession when making a delivery in the course of their employmentClerks CAN be under age 18

*Clerks may be fired for selling tobacco to a minor per company policyThe retailer could face violations and fines by the Michigan Liquor Control Commission (MLCC) if employees are convicted of selling tobacco to minorsThe Lottery Commission can require annual fees if license holder is convicted of illegal acts or MLCC violations

See the second portion of this presentation for:

Refusing to Sell Tobacco to TeensBest Practices for Tobacco Retailers, Owners, and Managers Michigan Contact and Resources

**The Michigan Department of Community Health with the help of the Youth Access To Tobacco Workgroup (YATTW) is focusing its attention on the prevention of tobacco sales to minors for the following reasons:

Research has shown that tobacco use, though legal, is addictive and is often a gateway to using other forms of addictive drugsChronic use can lead to multiple health issues for the user and people who share their environments (i.e. home, work, social settings)These health issues create a financial burden on our medical system, society in general, and ultimately if people progress to alcohol or illegal drugs they compound law enforcement problemsUnder the Michigan Youth Tobacco Act, a series of legal guidelines have been formed to restrict tobacco sales to our most vulnerable population in order to help protect all of us from lifelong addiction and its attendant problemsSeveral Michigan regional coordinating agencies, the Michigan Licensed Beverage Association, and notably several merchants have pooled information about successful tobacco sales refusal tips; they have allowed us to incorporate them in this trainingEveryone who joins in this effort by not selling to youth helps our communities and state become a winner. Teams of compliance checkers remind us about the law and possible consequences; coalition awareness campaigns increase general knowledge and vigilance; publications, luncheons and other awards acknowledge those who dont sell and create a supportive environment for protecting minors and adults from the unhealthy effects of tobacco.**To help you value preventing youth access to tobacco, lets first consider the product being sold. . . [READ SLIDE]

The National Cancer Institute says cigar smoking in the United States is up 50-percent over the past five years. Many of these smokers are believed to be people switching from cigarettes to cigars, hoping to avoid the well-known health risks associated with cigarettes. The researchers say this is disturbing, because cigar smoke carries a far higher concentration of dangerous, cancer- causing chemicals. A carcinogen is defined as any substance that can cause or aggravate cancer. Approximately 60 of the chemicals in cigarettes are known to cause cancer. Secondhand smoke is known to contain at least 250 toxic chemicals, including 50 cancer-causing chemicals. **The human brain is not fully developed until age 26.Nicotine addiction started when young maintains a stronger nicotine addiction, on a smaller dose during the early years of development.

The tobacco industry increases the level of nicotine in tobacco products every year, creating strong and stronger levels of addiction.*All mammal brains have nicotine/addiction receptors.The goal in our society is to maintain closed addiction receptors in humans until the age of 18 for nicotine, age 21 for alcohol.Breathing passive smoke forms an addiction pathway for nicotine addiction in the brain.Use of addictive substances changes the structure and function of the brain ~ displacing the areas used for reasoning, thinking, planning and learning

**These are examples of how youth can access tobacco products.This is data from annual studies; some of the data overlaps because teens get their cigarettes from multiple sources. Older underage smokers were more likely to buy directly in stores than younger smokers. While there have been more recent National Surveys of Drug Use and Health (NSDUH), no questions on youth access have been asked since 2003.(1)For the Youth Risk Behavior Survey (YRBS), no data was provided on the percentage buying their cigarettes from other kids. 2009(2) 1999(3)

**According to law, tobacco merchants must post signage advising the customer that the Youth Tobacco Act prohibits selling tobacco products to them if they are under 18 years old. The rule of thumb is that if a person appears to be under 27 years old, they should be carded. *These next couple of slides tell us specific details about the law and penalties for violation.**YTA Seller Prohibitions: A clerk cannot sell tobacco to an adult who is buying for a minor (friends, relatives, strangers). Providing tobacco to an adult that is intending to provide tobacco to a minor, is called a third party sale. The merchant can refuse this kind of sale. Later this presentation will address how to refuse a sell and/or handle an irate customer. *Seller/retailer penalties for selling loosies.*These two issues seem somewhat paradoxical:Even though the buyer must be 18 years old, the seller can be under 18. This is a practical business exception.Even though the clerk/seller can be fined, there is no fine for the store owner. Some find this puzzling, however, currently there is no state licensing requirement and an owner penalty is not in the YTA.

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