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HomeMy WebLinkAboutA004 - FAX from Randy Mayer with information to distribute to Council 10/11/99 MON 08:54 FAX 515 294 1190 ISU WELLNESS CENTER 2001 Mid-Iowa Community Health Committee FAX Teen Tobacco Task Force 2015 Student Health Center Ames, IA 50011-2260 Date 10/11/99 Number of pages including cover sheet 5 To: From: Bob Kindred Randy Mayer Phone Phone (515) 294-2722 Fax Phone 239-5142 Fax Phone (515) 294-1190 CC_ ❑ Urgent ❑ For your review ❑ Reply ASAP ❑ Please comment Bob, Hope you can still get this out to Council members. Please let me know if they'll have this before the meeting on Tuesday. Thanks, Randy To: Ames City Council Members Mayor of Ames From: Randy Mayer, chair Mid-Iowa Community Health Committee, Task Force on Teen Tobacco Use 135 North Russell Avenue Ames, IA 50010 Date: October 8, 1999 Subject: Tobacco Compliance The topic of underage smoking was addressed at the September 21, 1999, special meeting of the Ames City Council. A request was sent to city staff regarding measures that could be taken by the Council to prevent underage smoking. Bob Kindred, from the City Manager's office, was assigned to the issue. On September 28, Chief Ballantine sent a memo to that office describing the Police Department's efforts on tobacco retailer compliance checks. The memo is included in your packet of information. In the memo, Chief Ballantine correctly asserts that the Food and Drug Administration (FDA) issues civil penalties to retailers who fail a compliance check. However, Iowa's state law also gives cities the ability to follow-up on retailers who have failed a compliance check. As the issuer of tobacco licenses, you have the ability to hold administrative hearings and to fine Wor suspend licenses of noncompliant retailers. The law states that the retailer will be assessed a fine of$300 for the first offense; suspension of permit for 30 days for a second offense within two years; suspension of permit for 60 days for a third violation within five years; and revocation of permit for a fourth violation within five years. I urge you to consider this course of action. As Chief Ballantine's memo states, Story County has a noncompliance rate of 41%, well above the state average of 36% and the federal requirement of 20% (Synar Amendment). Penalties imposed by the FDA clearly are not a sufficient deterrent for retailers in Story County. The threat of losing their tobacco license may be. Judy Parks has done significant research on this issue and would be an excellent resource. In addition, Steve St. Clair,the assistant attorney general for Iowa, has helped several other cities implement such a policy. Our noncompliance statewide has caused the state to lose 40% of our federal block grant for prevention and treatment of substance abuse. If we do not take immediate action, we will lose 40% of the block grant each year we are not in compliance with the federal Synar Amendment. Thank you for your consideration on this important issue. Enclosures: Iowa's Tobacco Compliance Checks, Mid-Iowa Community Health Committee's Resolution Iowa's Tobacco Compliance Checks The Synar Amendment The Synar Amendment requires States to develop laws barring the distribution of tobacco products to minors. The legislation, named after its congressional sponsor Mike Synar, emphasizes consistent enforcement, monitoring of retail outlets' compliance, and communication of results. The goal of the Synar Amendment is that by fiscal year 2002, a minor attempting to purchase tobacco will be able to do so less than 20 percent of the time. Four States have already achieved rates at or below 20 percent. States that fail to comply with the Synar Amendment risk losing between 10 and 40 percent of Federal block grant funds allocated for substance abuse prevention and treatment programs, depending on the fiscal year involved(10% in 1994, 20% in 1995, 30% in 1996, and 40% in 1997 and subsequent years). The SAMHSA regulation implementing the Synar Amendment requires the State to: • Have in effect a law prohibiting any manufacturer, retailer or distributor of tobacco products from selling or distributing such products to any individual under the age of 18. • Enforce such laws in a manner that can reasonably be expected to reduce the extent to which tobacco products are available to individuals under the age of 18. • Conduct annual random, unannounced inspections to ensure compliance with the law. These inspections are to be conducted in such a way as to provide a valid sample of outlets accessible to youth. • Develop a strategy and timeframe for achieving an inspection failure rate of less than 20% of outlets accessible to youth. • Submit an annual report detailing the State's activities to enforce their law, the overall success the State has achieved during the previous fiscal year(FY) in reducing tobacco availability to youth, describing how inspections were conducted and the methods to identify outlets, and plans for enforcing the law in the coming fiscal year. The Secretary is required by statute to withhold all funds from States that have not enacted the required prohibitions and to decrease the annual Substance Abuse Prevention and Treatment (SAPT) Block Grant award for States that do not comply with the enforcement and reporting requirements. Federal rules governing tobacco sales Starting February 28, 1997, new FDA rules prohibited retailers from selling cigarettes, loose cigarette tobacco, and smokeless tobacco to anyone under age 18, and required retailers to verify by means of photo identification the age of anyone under age 27 who wishes to purchase these products. To ensure that the federal rule is followed, FDA will contract with the states to carry out compliance checks during which adolescents, accompanied by state or local officials commissioned by the FDA, will attempt to purchase cigarettes and smokeless tobacco from retailers. Upon first violation, the FDA will send a letter explaining the new rules, describing the violation and informing the retailer that another compliance check will be scheduled. The second time a retailer is in violation, the FDA will impose a fine of$250.00. For subsequent violations, the FDA will seek higher penalties. Under the Federal Food, Drug, and Cosmetic Act, the employer is held responsible for violations of regulations. Iowa's state law The sale or distribution of tobacco products to persons under age 18 is prohibited. Violators (employees) will be guilty of a simple misdemeanor, and penalized by up to 30 days imprisonment or a fine of at least$50 but no more than $100. Additionally, state law authorizes the Department of Public Health, county health departments, city health departments, and cities to directly enforce this provision against retailers. The retailer will be assessed a fine of$300 for the first offense; suspension of permit for 30 days for a second offense within two years; suspension of permit for 60 days for a third violation within five years; and revocation of permit for a fourth violation within five years. Data on Noncompliance Year Actual Noncompliance Goal Synar, Yearl 1994 45% ---- 1995 50% ---- 1996 40% ---- 1997 27% ---- --------------------------------------------------------------------------------------------------------------- Post-FDA 1998 36% 25% ** loss of block grant, year 1 1999 in progress 20% Mid-Iowa Community Health Committee Resolution Supporting Restriction of Minors' Access to Tobacco Given that: Tobacco use is on the rise among youth, with a notable increase in new smokers who are 13- and 14-year-olds, Approximately 3,000 children and young adults under 18 will begin smoking every day, Youth under the age of 18 buy over 500 million packs of cigarettes each year, About one in three young people who begin smoking in adolescence will die from a smoking- related disease (FDA 1996), And that Story County substance abuse treatment and prevention funds will be forfeited by tobacco policy noncompliance, Be it resolved. That the Mid-Iowa Community Health Committee encourages and supports the enforcement of Iowa's laws regarding sale and distribution of tobacco products to persons under the age of 18, and will work to ensure that local law enforcement agencies, tobacco retailers, prevention specialists, and the citizens of Story County make a commitment to reducing the County's noncompliance with federal, state, and local tobacco statutes. PUBLIC FORUM: September 20, 1999 7:00 p.m. City Hall, Council Chambers Speakers: Johnie Hammond: Introductions and welcome Andrew Goedeken: Youth perspective with passion Randy Mayer: Public health risk, Synar amendment Judy Parks: Overview of state and federal law, compliance issues Jody Kammin: Training and sting operations; inform about Nov. 2 training session Steve St. Clair: Iowa Attorney General's office comments Open forum: What are problems with compliance? What are the solutions for this community? What are the solutions for the state?