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Youth Access Tobacco Enforcement Program Report 2012-2014

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Youth Access Tobacco Enforcement Program Report 2012-2014 Youth Access Tobacco Enforcement Program Report April 1, 2012 – March 31, 2014 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 16 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. 1 TABLE OF CONTENTS PREFACE ……………………………………………………………………………………….. 3 PROGRAM OVERVIEW………………………………………………………………………. 5 PROGRAM PURPOSE ………………………………………………………………………… 8 STATUS AND ACCOMPLISHMENTS …………………………………………………….… 8 APPENDICES ……………………………………………………………………………………18 APPENDIX 1: Number and Type of Investigations, April 1, 2012 - March 31, 2014 APPENDIX 1A: Sale to Minor Violation Rate by County, Five year Summary APPENDIX 2: Penalized Tobacco Retailers and Vendors, April 1, 2012 - March 31, 2014 APPENDIX 3: Youth Risk Behavior Survey (YRBS) Comparison – New York State Results for 2007, 2009, 2011 and 2013 APPENDIX 4: 2012 National Youth Tobacco Survey - New York State Results APPENDIX 5: Allocation of Tobacco Enforcement Program Funding, April 1, 2012 - March 31, 2014 APPENDIX 6: New York State Fire Reporting System Tobacco Related Fire Statistics, January 1, 2012 – December 2013 2 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 lifetimes. For more than 16 years, state and local enforcement officials have been increasingly successful at reducing youth access to tobacco products and improving retailer compliance with the Adolescent Tobacco Use Prevention Act, realizing a reduction in the rate of non-compliance by retailers from 19% in 1997 to 5.0% in 2013-14. 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, 2012 to March 31, 2014. 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 underage youth and were penalized; New York State results of the 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 period 2012 – 2014, state and local enforcement officers conducted 62,197 inspections (30,793 in 2012-13 and 31,404 in 2013-14) of tobacco retailers to assess compliance with the state’s Adolescent Tobacco Use Prevention Act. Of these inspections, more than 47,694 included unannounced compliance checks where minors attempted to purchase tobacco under the direct supervision of the enforcement officials. Over 13,800 additional visits were made to determine compliance with Department of Health signage requirements and Department of Taxation and Finance registration requirements, educate retailers about the Public Health Law, verify vending machine supervision and location compliance, and investigate complaints. A total of 5,134 enforcement actions were taken for sales of tobacco products to minors and more than $4.96 million in fines were assessed. In the last 16 program years, state grants totaling nearly $72.45 million have been awarded to local enforcement officials to implement the Tobacco Enforcement Program, which resulted in a decline in the rate of non-compliance by retailers from 19.0 percent in the first program year (October 1, 1997 - September 30, 1998), to 5.0 percent in the 16 th program year (April 1, 2013-March 31, 2014). From September 1997 to March 2014, more than $32.6 million in fines have been levied against 43,152 retailers for selling tobacco to minors. The Department of Taxation and Finance has suspended the registrations of 2,947 tobacco retailers as a result of multiple enforcement actions for selling tobacco to underage youth. There were also 784 lottery agent licenses suspended for multiple sales to minors. Of the 592,694 compliance inspections that have taken place during the 16 years, 428,331 were conducted with the assistance of minors attempting to purchase tobacco products. 3 New York State Department of Health (NYS DOH) Center for Environmental Health Youth Access Tobacco Enforcement Program Annual Report April 1, 2012 – March 31, 2014 Program Overview In March 2014, the New York State Department of Health (DOH) completed its 16th program year of statewide youth tobacco access enforcement. As part of the state’s continued commitment to preventing youth access to tobacco, $5.4 million in 2012-13 and $5.28 million in 2013-14 was awarded to local enforcement officers 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 period from April 1, 2012 through March 31, 2014. 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. The TCP was funded through a state appropriation of $41.4 million and a grant from the federal Centers for Disease Control and Prevention (CDC) of $3.198 million in 2012-2013 and a state appropriation of $40.1 million and two grants from the CDC totaling $2.7 million in 2013-14. The goals of TCP’s comprehensive tobacco control program are to prevent the initiation of tobacco use, promote tobacco use cessation and eliminate exposure to secondhand smoke, with a focus on working with disproportionately affected groups, including individuals with low socioeconomic status (low income and low education) and those with poor mental health. TCP uses policy-driven, population-based and evidence-based initiatives and strategies to advance tobacco control in New York State. DOH directs and manages statewide and community programs to work toward achieving a tobacco-free state. Statewide and community action is used to change the community environment to support the tobacco-free norm, change community attitudes about tobacco and denormalize tobacco use through community education and mobilization. A key outcome is the adoption and effective implementation of local and statewide policies that permanently change society’s acceptance of tobacco use. Community Partnership contractors work with local governments and decision makers, employers, community organizations, health care institutions and community groups to address tobacco use, bring attention to tobacco industry marketing in the retail environment, and to change public opinion about tobacco and tobacco use. Community Partnerships implement a coordinated set of strategies designed to build public, political and organizational support and reinforce a tobacco-free norm. Community Partnerships foster community environments that are supportive of policy change, including policies to reduce the impact of retail tobacco product marketing on youth and to increase policies that limit exposure to secondhand smoke in multi-unit dwellings and in outdoor public spaces where people live, work and play. Reality Check 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
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