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Youth Access Tobacco Enforcement Program Annual Report 04-05

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Youth Access Tobacco Enforcement Program Annual Report 04-05 Youth Access Tobacco Enforcement Program Annual Report October 1, 2004 - September 30, 2005 � TobaccoSales To Youth New York State Department of Health 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 Flanigan Square, Room 515 547 River Street Troy, NY 12180-2216 Telephone: (518) 402-7600 or 1 (800) 458-1158, ext. 27600 Fax: (518) 402-7609 This annual report of the New York State Department of Health (NYS DOH) Youth Access Tobacco Enforcement Program is prepared in accordance with Section 1399-kk of the Public Health law and is submitted by the Commissioner of Health to the Governor and the Legislature. 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 initiative. 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 ……………………………………………………………………………………….. 1 PROGRAM OVERVIEW………………………………………………………………………. 3 PROGRAM PURPOSE ………………………………………………………………………… 4 STATUS AND ACCOMPLISHMENTS …………………………………………………….… 4 APPENDICES …………………………………………………………………………………… 9 APPENDIX 1: Number and Type of Investigations, October 1, 2004 – September 30, 2005 APPENDIX 2: Penalized Tobacco Retailers and Vendors, October 1, 2004 – September 30, 2005 APPENDIX 3: Youth Risk Behavior Survey (YRBS) Comparison – NYS Results for 1999, 2003 and 2005 APPENDIX 4: 2004 National Youth Tobacco Survey - New York State Results APPENDIX 5: Allocation of Tobacco Enforcement Program Funding, October 1, 2004– September 30, 2005 APPENDIX 6: New York State Fire Reporting System Tobacco Related Fire Statistics, October 1, 2004 – September 30, 2005 PREFACE In 1997 and 2000, Governor George Pataki approved amendments to the New York Adolescent Tobacco Use Prevention Act, enacting the toughest laws in State history to reduce children’s access to cigarettes and other tobacco products. The purpose of the Act is to promote and protect the public health of New Yorkers. 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. Governor Pataki’s 1997 Initiative and the Laws of 2000 have strengthened penalties that prohibit selling cigarettes to minors. The 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 registration and lottery license 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 measures are aimed at making tobacco products less accessible to minors. These youth enforcement activities continue to build on Governor Pataki’s $53 million comprehensive anti-smoking program. This Annual Report is prepared by the Tobacco Enforcement Program, which is located in the New York State Department of Health’s Center for Environmental Health. The report covers the time period of October 1, 2004 – September 30, 2005, and 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 2004 National Youth Tobacco Survey; 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 this eighth program year, State and local enforcement officers conducted 39,522 compliance inspections. Of these inspections, 26,616 were compliance checks where minors attempted to purchase tobacco, and 12,906 were visits made to determine compliance with Department of Health signage requirements and/or Department of Taxation and Finance registrations, to educate retailers of the Public Health Law requirements, to verify vending machine supervision and location compliance, and/or to investigate complaints. Three thousand five hundred ninety enforcement actions were taken for sales of tobacco products to minors and over $3.6 million in fines were assessed. In the eight years since funding of the program began, there has been a decline in the rate of non- compliance by retailers from 19 percent to 13 percent, up slightly from 11 percent during the seventh program year. From 1997 to 2005, more than $17.4 million in fines have been levied against 24,403 retailers for selling tobacco to minors. The Department of Taxation and Finance has suspended the registrations of 379 tobacco retailers (1 permanently, 36 for one year and 342 for six months) as a result of multiple enforcement actions for selling tobacco to underage youth. There were also 90 lottery agent licenses suspended for six months for multiple sales to minors. Of the 297,704 compliance inspections that have taken place during the eight years, 205,085 were conducted with the assistance of minors attempting to purchase tobacco products. Questions concerning this report should be referred to the New York State Department of Health’s Bureau of Community Environmental Health and Food Protection, Tobacco Enforcement Program at (518) 402-7600 or 1-800-458-1158, extension 2-7600. 1 New York State Department of Health (NYSDOH) Center for Environmental Health Youth Access Tobacco Enforcement Program Annual Report October 1, 2004 – September 30, 2005 Program Overview In September 2005, the New York State Department of Health completed its eighth program year of tobacco access enforcement statewide. As a result of Governor Pataki’s 1997 Tobacco Use Enforcement and Education Initiative to prevent youth access to tobacco, $4 million was distributed for this eighth year to local enforcement officers to determine retail tobacco vendor compliance with Article 13 F of the Public Health Law, also known as the Adolescent Tobacco Use Prevention Act (ATUPA). The ATUPA initiative is part of the Governor’s $53 million anti-smoking and tobacco control initiative. From October 1997 through September 2005, New York State awarded over $25 million in funding to partners at the local level in the fight to keep tobacco products away from New York’s children. The Governor’s $53 million anti-smoking campaign also includes: Community Mobilization – 30 community partnerships providing services in every county of the State and specifically working to denormalize tobacco use and support and promote a tobacco free norm. These partnerships take action to protect non- smokers from second-hand smoke and promote smoking cessation. 46 Youth Action Programs involving young people in every county in the anti-tobacco movement. Youth receive extensive training about tobacco-related issues, advocacy and social norm change and they take action to expose the deceptive marketing strategies of the tobacco industry and reduce the social acceptability of tobacco use. 19 Cessation Centers throughout the state working with health care organizations and providers in their communities to establish systems that diagnose tobacco dependence and remind the clinician to advise the patient to quit and provide the assistance necessary to quit successfully. Media campaigns focusing on educating New Yorkers about the dangers of secondhand smoke and educating consumers about the dangers of smoking. 3 The Smoker’s Quit Line which provides quitting assistance and services, including telephone counseling and resources, a starter kit of nicotine replacement therapy, and follow support to help New Yorkers stop smoking. The Quit Line number is 1-866- NY QUITS, 1-866-697-8487 Surveillance and Evaluation – These activities are designed to assess, quantify and understand the impact of the tobacco control program. The Department contracts with Research Triangle Institute of North Carolina, in collaboration with Roswell Park Cancer Institute, to conduct the independent evaluation of the program 4 Program Purpose The goal of the program is to lower the prevalence of tobacco use among youths by reducing tobacco product sales and preventing the onset of its use by this population. Specifically, the program seeks to improve compliance by tobacco retailers with the ATUPA. Status and Accomplishments This section lists accomplishments and status of the initiative, and information required by the Public Health Law. The New York State Department of Taxation and Finance reported the following information. a. Total number of registered tobacco retailers and vendors: A total of 26,915 tobacco retailers were registered as of August 2005. b. Total number of vending machines registered: In 2005, there were 3,024 registered vending machines. c. Number of cigarettes sold in New York State: Approximately
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