The schools, parents
and students have played a large role in the success of the tobacco sting operations we
have conducted in Ft. Worth. A new cooperative effort has been built between these
groups, and students have been excited about having an opportunity to show in a positive
way what they believe very strongly about. We have had so many students volunteer
that we have been unable to use all of them, but the really exciting part has been to see
them take a more active role in convincing their peers to avoid tobacco and pressuring
their friends who smoke or chew to quit.
- Shauna Fitzjarrell, Police Officer,
Ft. Worth, TX
One merchant even had a button on
his shirt that said it's the law not to sell tobacco products to teenagers and he sold a
pack of Virginia Slims anyway.
SO WHAT IS THE PROBLEM?
An estimated three million American
youth under 18 years of age consume 947 million packs of cigarettes and 26 million containers of
smokeless tobacco yearly. These tobacco products account for annual sales of $1.26
billion. Approximately 3% of tobacco industry profits derive directly from the sale of
cigarettes to children...activity that is illegal in over 40 states including Texas.
Approximately half of the tobacco industry's profits or $3.35 billion annually, derives
from sales to people who became addicted to nicotine as children.
Texas surveys reported that children were
successful 60-80% of the time when attempting to purchase tobacco products. Contributing
factors appeared to a lack of knowledge of the law by commercial tobacco retailers and
their employees, a lack of knowledge and enforcement of the law by law enforcement
officials, and a general attitude that it is not a priority law to be enforced.
It is important to the state of Texas to act
against youth access to tobacco due to stipulations on federal funding for substance abuse
prevention and treatment. Failure to meet federal standards of maintaining a
"buy rate" of less than 20% can have financial penalties at high as 55 million
dollars lost to prevention and treatment programs.
A much higher motivation to act to reduce
this problem evolves from the desire by Texas law enforcement officers and other concerned
adults to protect Texas children from alcohol, tobacco and other drugs known to harm them
physically, psychologically and mentally. It is simply another important effort to take
the responsibility seriously for protecting our children.
Texas STEP realizes that we all send a mixed
and diluted message when law enforcement officers, educators, and other
prevention specialist teach children the dangers of tobacco products; then allow store clerks to sell the same
dangerous and addictive product to those children..
Like other positive prevention programs,
Texas STEP is about asking private sector merchants and their representatives and
employees to be law-abiding citizens and to help in this effort to protect children.
It also contains a realistic component for those who will test our seriousness and
commitment to this issue.
WHAT IS TEXAS STEP?
Texas Statewide Tobacco Education &
Prevention (Texas STEP) is a program within the Department of Criminal Justice, located at Texas
State University. The purpose of Texas STEP is to reduce children's access to tobacco
products. This program is operated in support of and in coordination with the Texas
Department of Health, the Comptroller of Public Accounts, and the Texas Commission on
Alcohol and Drug Abuse.
WHAT ARE COMPLIANCE INSPECTIONS AND
CONTROLLED BUYS?
Compliance inspections
and controlled buys, checking for minors access to
tobacco, is a method by which law enforcement determines the rate at which commercial tobacco retailers
are illegally selling tobacco products to persons under the age of 18.
The compliance inspection can be enforcement
or non-enforcement for purposes of determining the severity of the problem with sales to
minors and other tobacco law violations. These can identify a need, and set up educational
and training programs for vendors and their employees, and gain the support and ownership
of the problem by the community.
The "controlled buy" or
"sting" operation goes another step beyond the identification of the problem,
and includes enforcement of the statutes regarding posted signs and sales to children
under age 18.
WHAT IS THE ENFORCEMENT PROTOCOL?
Texas STEP's "Model
of Enforcement" protocol has
been developed as a recommended enforcement tool in the state's efforts to enforce
existing laws adopted to deter youth access to tobacco products.
Texas' statutes designed to prosecute
commercial sales of tobacco products to persons under the age of 18 were originally
enacted in 1989 and 1991. Enforcement of these statutes was sporadic as best.
Studies on a national level and "controlled buy" operations conducted on an
ongoing basis in Texas cities indicate that this law is now being enforced more rigorously
than before the passage of Senate Bill #55, in 1997.
Retail tobacco vendors are
illegally selling tobacco less often than
before to Texas children, with an estimated "sale rate" of 12%, down from 56% in
1996 and 70% in 1994.
In Texas the Comptroller of Public Accounts
has the authority and responsibility for this enforcement; in partnership with local law
enforcement, therefore it is incumbent upon local officers to support this effort if it is
to remain effective.
Law enforcement agencies should feel free to
utilize Texas STEP's website and materials in order to adopt this "model" as is,
or with appropriate changes which tailor it to the community's needs.
Reporting tools
and forms are also provided for agencies to use. Any questions or requests for
additional technical assistance can be directed to Texas STEP by calling 1-888-STEP-123.
Other violations including tax code and
permit violations regarding the illicit sale of tobacco products should be directed to the
Enforcement Division of the Texas State Comptroller's Office in Austin by calling
1-800-531-5441.
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