ABCA Resources

On November 14, OMEGA held a discussion with ABCA personnel in Flatwoods, WV.  Several member companies were on hand to discuss areas of concern.

Below is a memo that was handed out by Sarah Smith, an enforcement agent with the ABCA.

As tobacco retailers, you are on the frontlines in preventing the sale of tobacco to minors.  Why does it matter if you sell tobacco to minors? What kind of impact can your decision to sell, or not to sell have on our children?

The Surgeon General says that more than 1 million young people continue to become regular smokers, and more than 400,000 Americans die every year from tobacco related diseases – more than AIDS, illegal drugs, alcohol, fires, car accidents, murders and suicides combined.  Refusing to sell tobacco to minors is the first step in eliminating harmful consequences that tobacco can have on a minor’s life.

Some facts about children and smoking have been provided by the Surgeon General that may help to explain the impact of tobacco use on minors:

Most people start using tobacco before they finish high school.  So, if minors stay smoke-free in school, they will probably never begin to smoke.
Tobacco is often the first drug used by kids, and can often lead to alcohol and illegal drug use.
Kids who begin smoking while in school are more likely to get lower grades, hang out with other kids who smoke and have a low self-esteem.
Most teens want to quit smoking, but can’t because they are addicted to nicotine and experience withdrawal symptoms just like adults.
People working in their communities, kids warning kids about the dangers of smoking and prevention programs with the help of tobacco vendors are keeping kids away from tobacco.

As tobacco vendors you have the opportunity and the legal obligation to refuse the sale of tobacco to minors.  Your clerks are the last line of defense and must be fully equipped with the knowledge and training needed to properly identify minors and refuse to sell to them.  Your store policies set the tone for how minors will perceive your store.  Are you an easy target for tobacco, or is your store committed to the law and to preventing the sale to minors?

Tips for Owners/Managers

Communicate to all employees that it is against the law to sell distribute, or furnish in any way cigarettes, chewing tobacco or other tobacco products to anyone under the age of 18 and that employees must comply with the law.
Inform employees that both storeowners and clerks receive fines or penalties for illegally selling tobacco products to anyone under the age of 18.
Require employees to request picture identification from anyone purchasing tobacco who appear to be under the age of 27.
Reassure employees that checking ID is important, no matter how many people are in line.  It is their job to make sure that they do not sell tobacco products to anyone under the age of 18.

Checking ID for anyone purchasing tobacco who appears to be under the age of 27 is the best way to make sure that tobacco is not sold to youth under the age of 18.  Remind employees that height, build, facial hair, make-up, clothing and attitude may lead them to assume teens are older than they are.
Explain to employees that Agents or Inspectors from the West Virginia Alcohol Beverage Control or representatives from local law enforcement agencies are checking businesses to see if they are complying with the state law.  Persons under the age of 18 will go with the agents and attempt to buy tobacco products.
Remind employees they cannot sell tobacco products to a youth under the age of 18 even if the youth states it is for a parent or presents a note from a parent or guardian.
Reinforce your policy regularly by reminding employees about the law at staff meetings, through notices posted in the break room, newsletters, payroll stuffers, etc.
If customers complain about your policy, explain that state law prohibits the sale of tobacco products to anyone under the age of 18, and there are penalties for not complying with the law.

Implement a special training regarding the prevention of illegal sales of tobacco to youth under the age of 18.
Install scanning system software which automatically prompts cashiers to check ID when a tobacco product is scanned at the time of purchase.
Implement a “secret shopper” program to ensure that employees are honoring all store policies.

Tips for Clerks

It is illegal to sell, distribute or furnish cigarettes, chewing tobacco, or any other tobacco product to anyone under the age of 18 years in West Virginia.
Be aware that both storeowners and clerks can receive fines or penalties for illegally selling tobacco products to anyone under the age of 18.
State law requires identification to be checked prior to selling tobacco to a young person.  Request picture ID from anyone purchasing tobacco who appears to be under the age of 27.
Do not feel rushed about checking ID, no matter how many people are in line.  It is your job to make sure that you do not sell tobacco products to anyone under the age of 18.
Checking ID for anyone purchasing tobacco who appears to be under the age of 27 is the best way to make sure that tobacco is not sold to youth under the age of 18.  Remember that height, build, facial hair, make-up, clothing and attitude may lead you to assume teens are older than they are.
Agents or Inspectors from the West Virginia Alcohol Beverage Control or representatives from local law enforcement agencies are checking businesses to see if they are complying with state law.  Persons under the age of 18 will go with the agents and attempt to buy tobacco products.
Remember tobacco products may not be sold to a youth under the age of 18 even if the youth states it is for a parent or presents a note from a parent or guardian.
If customers, friends or family complain about the policy, explain that state law prohibits the sale of tobacco products to anyone under the age of 18, and there are penalties for not complying with the law.

Ask your manager or storeowner for special training regarding the prevention of illegal sales of tobacco to youth under the age of 18.
If your store uses a scanning system, use it EVERY TIME!  Also, utilize tools from the SEE RED program.