Youth Access Tobacco Enforcement Program Report, April 1, 2014

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Youth Access Tobacco Enforcement Program Report, April 1, 2014 Youth Access Tobacco Enforcement Program Report April 1, 2014 – March 31, 2015 Questions or requests for additional copies of this report: New York State Department of Health Bureau of Community Environmental Health & Food Protection Tobacco Enforcement Program Empire State Plaza - Corning Tower Room 1395 Albany, New York 12237 Telephone: (518) 402-7600 Fax: (518) 402-7609 ACKNOWLEDGEMENTS Special thanks go to the local health department enforcement officers, the New York City Department of Consumer Affairs and the youth who participated in the access compliance check surveillance program. For more than 17 years, these dedicated agencies and individuals have been the leaders in the State’s effort to increase retailer compliance with the public health law in our communities. Staff of the New York State Department of Health’s Bureau of Community Environmental Health and Food Protection, Tobacco Enforcement Program prepared this report with data provided from the local enforcement officers, other state agencies and programs within the Department of Health. The New York State Department of Health’s Tobacco Control Program and the New York State Education Department supplied information regarding tobacco use and trends among minors. The State Department of Taxation and Finance provided registration and revenue data. The Department of State’s Office of Fire Prevention and Control supplied data regarding fires. TABLE OF CONTENTS PREFACE ……………………………………………………………………………………….. 5 PROGRAM OVERVIEW………………………………………………………………………. 6 PROGRAM PURPOSE ………………………………………………………………………… 8 STATUS AND ACCOMPLISHMENTS …………………………………………………….… 8 APPENDICES ……………………………………………………………………………………17 APPENDIX 1: Number and Type of Investigations, April 1, 2014 - March 31, 2015. APPENDIX 1A: Sale to Minor Violation Rate by County, 5 year Summary APPENDIX 2: Penalized Tobacco Retailers and Vendors, April 1, 2014 - March 31, 2015. APPENDIX 3: Youth Risk Behavior Survey (YRBS) Comparison – New York State Results for 2007, 2009, 2011 and 2013 APPENDIX 4: 2014 National Youth Tobacco Survey - New York State Results APPENDIX 5: Allocation of Tobacco Enforcement Program Funding, April 1, 2014 - March 31, 2015. APPENDIX 6: New York State Fire Reporting System Tobacco Related Fire Statistics, January 1, 2014 – December 2014. PREFACE The purpose of New York’s Adolescent Tobacco Use Prevention Act is to aid in reducing morbidity and mortality caused by tobacco use by reducing children’s access to cigarettes and other tobacco products. It has been well documented that most smokers begin before they are 18 years old and half before they are 15. Many people who start smoking as youth find it nearly impossible to quit during their lifetime. For more than 17 years, state and local enforcement officials have experienced increasing success at reducing youth access to tobacco products and improving retailer compliance with the Adolescent Tobacco Use Prevention Act, and have reduced the rate of non-compliance by retailers from 19% in 1997 to 5.06% in 2014-2015. The Adolescent Tobacco Use Prevention Act requires retailers to obtain positive proof that the person buying cigarettes is over the age of 18. Retailers found in violation of this law are subject to fines and loss of their tobacco registrations and lottery licenses for repeated violations. The law also limits the location of vending machines and limits the venues in which free tobacco products can be distributed. These enforcement measures are aimed at making tobacco products less accessible to minors and are a part of the State's comprehensive anti-smoking program. This Annual Report is prepared by the Tobacco Enforcement Program, located in the New York State Department of Health’s Center for Environmental Health. The report covers the period April 1, 2014 to March 31, 2015. The report includes the following information: . Number of tobacco compliance checks that were conducted; . Names and addresses of tobacco vendors who sold tobacco products to youth and were penalized; . New York State results of 2013 Youth Risk Behavior Survey (YRBS); . Tobacco sales data from the State Department of Taxation and Finance; and . Tobacco-related fire injury data from the Department of State’s Fire Reporting System. During the 2014 – 2015 program year, state and local enforcement officers conducted 30,712 inspections of tobacco retailers to assess compliance with the State’s Public Health Law (Adolescent Tobacco Use Prevention Act). Of these inspections, more than 23,241 included unannounced compliance checks where minors attempted to purchase tobacco and other restricted products under the direct supervision of the enforcement officials. Over 7,471 additional visits were made to determine compliance with Department of Health signage requirements and Department of Taxation and Finance registration requirements, to educate retailers about the Public Health Law, to verify vending machine supervision and location compliance and to investigate complaints. A total of 1,742 enforcement actions were taken for sales of tobacco products to minors and more than $1.49 million in fines were assessed. In the last 17 program years, state grants totaling nearly $77.7 million have been awarded to local enforcement officials to implement the Tobacco Enforcement Program, which resulted in a decline in the rate of retailer non-compliance from 19.0 percent to 5.06 percent. From September 1997 to March 2015, more than $34.1 million in fines have been levied against 44,894 retailers for selling tobacco to minors. The Department of Taxation and Finance has suspended the registrations of 3,065 tobacco retailers as a result of multiple enforcement actions for selling tobacco products to youth. There were also 819 lottery agent licenses suspended for multiple sales to minors. Of the 623,406 compliance inspections that have taken place during the 17 years, 451,572 were conducted with the assistance of minors attempting to purchase tobacco products. 5 New York State Department of Health (NYS DOH) Center for Environmental Health Youth Access Tobacco Enforcement Program Annual Report April 1, 2014 – March 31, 2015 Program Overview In March 2015, the New York State Department of Health (DOH) completed its seventeenth program year of statewide youth tobacco access enforcement. As part of the State’s continued commitment to preventing youth access to tobacco, $5.28 million was awarded to local enforcement officers during this program year to determine and enforce retail tobacco vendor compliance with Article 13-F of the Public Health Law, also known as the Adolescent Tobacco Use Prevention Act (ATUPA). This report covers the twelve-month period from April 1, 2014 through March 31, 2015. The ATUPA enforcement program is part of the State's comprehensive tobacco control initiative, the New York State Tobacco Control Program (TCP) administered by the Bureau of Tobacco Control, Division of Chronic Disease Prevention. In 2014-2015, TCP was funded through a state appropriation of $39.3 million and two grants from the federal Centers for Disease Control and Prevention (CDC) totaling $2.7 million. The goals of TCP’s comprehensive tobacco control program are to prevent the initiation of tobacco use among youth and young adults, promote tobacco use cessation and eliminate exposure to secondhand smoke, particularly among tobacco-related disparate populations, i.e., those with low income, low education, and poor mental health and/or substance use disorders. TCP uses policy- driven, population-based and evidence-based interventions to accelerate tobacco control in New York State. DOH funds and manages statewide and community programs to work towards achieving environmental change on the state and local level, and expand tobacco dependence treatment by medical and mental healthcare systems. Statewide and local level action is used to change the community environment to support the State’s tobacco-free norm and denormalize tobacco use through community education and mobilization. DOH funds Advancing Tobacco-Free Communities contractors who comprise two components – community engagement and youth action, branded as Reality Check. Community engagement work entails educating local community members and organizations, decision-makers, employers and policymakers about the harms of tobacco use and secondhand smoke exposure, and change public opinion about tobacco and tobacco use. Contractors implement a coordinated set of evidence-based strategies to build public and organizational support to reinforce the state’s tobacco-free norm and foster environments that demand policy change to reduce the impact of retail tobacco product marketing on youth and limit exposure to secondhand smoke in multiunit dwellings and in outdoor public spaces where people live, work and play. Through the Reality Check component, contractors engage middle and high school aged youth from diverse economic and cultural backgrounds to work to change community norms regarding tobacco use through activities aimed at deglamorizing and denormalizing tobacco use in their communities and by exposing the manipulative and deceptive marketing practices of the tobacco industry. Through civic engagement, youth program initiatives include community education linked to social action, media advocacy, media and community events, and advocacy with organizational decision-makers to advance tobacco-free norms through policy change. Both components work to foster community environments that support policies to reduce the impact of retail tobacco
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