Tobacco Retailer Resource Kit

Transcription

1 Tobacco Retailer Resource Kit June 2011 It is the responsibility of the retailers to ensure that they and their staff know and comply with the Tobacco Control laws. This resource kit is offered to help make that job easier

2 Table of Contents WHY HAVE TOBACCO LAWS FOR SALE OF TOBACCO?...2 THE LAWS GOVERNING TOBACCO SALES...4 TOBACCO CONTROL ACT AND REGULATION 4 PROHIBITION (SUSPENSION) SIGNAGE...6 THE LAW REGARDING RETAIL DISPLAY OF TOBACCO AND RELATED PRODUCTS...7 THE LAW REGARDING REQUIRED WARNING SIGNAGE...9 THE LAW REGARDING PRODUCT PRICE SIGNS TOBACCO ENFORCEMENT IN BC ENFORCEMENT AND PENALTIES FOR NON-COMPLIANCE WITH BC S TOBACCO CONTROL ACT & REGULATION TIPS TO PREVENT THE SALE OF TOBACCO TO MINORS...12 IDs- Acceptable Types; How to check.. 13 WHEN TO REFUSE A SALE OF TOBACCO...16 HOW TO REFUSE A SALE OF TOBACCO...16 STAFF SUPPORT & TRAINING STAFF SUPPORT TRAINING TIPS TRAINING RESOURCES/MATERIALS STAFF TRAINING CHECKLIST STAFF TRAINING QUIZ PREVENTING TOBACCO SALES TO MINORS STAFF TRAINING QUIZ ANSWERS - PREVENTING TOBACCO SALES TO MINORS STAFF TRAINING CERTIFICATE SAMPLE STAFF TRAINING LETTER OF UNDERSTANDING SAMPLE...25 CONTACT INFORMATION...26 LOCAL TOBACCO ENFORCEMENT OFFICE: OTHER BC HEALTH AUTHORITIES: BC MINISTRY OF HEALTH: TOBACCO CONTROL WEBSITE; INFORMATION FOR TOBACCO RETAILERS HEALTH CANADA: BC MINISTRY OF SMALL BUSINESS & REVENUE: TO REPORT CONTRABAND OR OTHER ILLEGAL TOBACCO SALES: WANT TO QUIT SMOKING? REFERENCES...28 Page 1

3 Why have Tobacco Laws for the sale of tobacco? It s about protecting the health and safety of our youth Because: *Kids form addictions more easily than adults because their bodies are still growing and some kids can become addicted after only a few cigarettes *Kids who start smoking before age 15 double their risk of early death *Almost 83% of smokers start smoking before they turn 19. The earlier they start, the harder it is to quit *We need to protect kids from an addiction that will harm them for their whole life *Tobacco use kills over 6,000 people in BC every year Page 2

4 Do your part to keep young people away from tobacco Page 3

5 The Laws Governing Tobacco Sales As a tobacco retailer, it is your responsibility to comply with tobacco laws. In British Columbia, the use, sale and display of tobacco products are regulated by the provincial Tobacco Control Act (TCA) and the Tobacco Control Regulation (TCR). Across Canada (includes BC) the manufacture, labeling, sale, and promotion of tobacco products is governed by the federal Tobacco Act Definitions Tobacco according to the Tobacco Control Act means tobacco leaves or anything made from tobacco in any form for any use. Tobacco products are products composed in whole or in part of tobacco. Tobacco products include cigarettes, blunt wraps, snuff, loose tobacco, little cigars, cigars, bidis, kreteks, chewing tobacco, and pipe tobacco. The federal Tobacco Act s definition of tobacco products includes cigarette papers, tubes and filters. Tobacco accessory according to the federal Tobacco Act is a product that may be used in the consumption of a tobacco product, including a pipe, cigarette holder, cigar clip, lighter and matches. A Minor is a person under the age of 19 according to the BC tobacco legislation (TCA & TCR) Page 4

6 Under these legislations, it is Illegal to: Sell (or give) tobacco to a minor or for an adult to buy tobacco for a minor. Sell tobacco from open packages. (This means no SINGLE cigarette sales and no partial pack sales). Sell cigarettes, little cigars and blunt wraps in packages of less than 20. Sell cigarette papers, tubes and filters to anyone under the age of 18 and to allow customers to handle the products before paying for them, according to the federal Tobacco Act. Display tobacco products or advertise or promote the use of tobacco where minors have access. It is legal for a minor to handle tobacco products as part of their job. Prescribed penalties for tobacco sale violation of the Tobacco Control Act & Regulation Ticketed Provision Contravention TCA Sec 2(2) Sell tobacco to a person under 19 $ 575 TCA Sec 2(3) Sell cigarettes from an open package $ 575 TCA Sec 2(4) Sell tobacco where prohibition order applies $ 575 TCA Sec 2.1(1) TCR Sec 4 Sell tobacco in a prohibited place Sell cigarettes in packages containing fewer than 20 Fine Amount $ 575 $ 575 In addition, the provincial Tobacco Control Act provides for administrative penalties of up to 180 days prohibition of tobacco sales, and fines up to $5,000. Penalties under the federal Tobacco Act can be $3,000 on conviction for a first offence and increase for subsequent offences. Page 5

7 Prohibition (Suspension) Signage When a retailer has been prohibited from selling tobacco, they are required to post a suspension sign as directed by an Administrator for the duration of the sales prohibition. Prescribed penalties for not posting a suspension sign when prohibited from selling tobacco: Ticketed Provision Contravention Fine Amount TCA Sec 10.1(a) Fail to display prohibition order sign $ 575 TCA Sec 10.1(b) Fail to display prohibition sign in accordance with requirements of the regulation $ 575 Page 6

8 The Law regarding Retail Display of Tobacco Products and Products that promote the use of Tobacco Tobacco products and any item that advertises or promotes the use of tobacco must not be reasonably visible from the outside. If minors are allowed in the store, then such products and promotional items must not be visible inside and shall be maintained hidden from view between every tobacco sales transaction. The requirement to keep tobacco out of sight continues even when re-stocking shelves. Re-stocking tobacco should take place when minors are not likely to be in the store. Some retailers designate their store or areas of the store as age restricted to persons 19years of age or older. In such stores display and promotions of tobacco products shall not be visible from the outside store or restricted areas. NOTE: In BC, tobacco accessories cannot be displayed as they are considered to promote the use of tobacco. Matches and lighters may be sold to a minor. However, if they carry a tobacco productrelated brand element they cannot be displayed or given away for free. Cigarette vending machines are permitted in places where minors are not allowed. They must not be placed in public areas where minors have reasonable access. Prescribed penalties for violation of display and promotional restrictions. Ticketed Provision Contravention Fine Amount TCA Sec 2.4(a) TCA Sec 2.4(b) Display products in a prohibited manner Promote tobacco use in a prohibited manner $ 575 $ 575 Retailers have used some of the methods pictured here to ensure tobacco is not visible to minors. (Note: Only the retailer can access tobacco stock) Page 7

9 Cupboard doors that are closed after every sale A curtain that remains closed between sales. Drawers behind the counter kept closed between sales. Page 8

10 The Law Regarding Required Warning Signage The following point of sale warning signs MUST be posted as described and be clearly visible. These signs are issued by the Ministry of Health. Contact your local tobacco enforcement officer if you require additional signs. 1. Health Warning Sign (17 x 35 cm); MUST BE DISPLAYED IN PLAIN VIEW TO THE PURCHASER AT THE POINT OF SALE 2. Age restriction Decal (10 x 10 cm); MUST BE AFFIXED TO THE SIDE OF EACH POINT OF SALE SYSTEM FACING PURCHASERS BEING SERVED AT THAT POINT OF SALE SYSTEM 3. Age restriction Decal ( 4 x 8 cm); MUST BE AFFIXED TO EACH POINT OF SALE SYSTEM SO AS TO FACE THE DEALER OR EMPLOYEE OPERATING THE SYSTEM Prescribed penalties for not posting warning signage as above Ticketed Provision Contravention Fine Amount TCR Sec 5(1) Fail to display warning $ 345 TCR Sec (2) Fail to affix warning $ 345 Page 9

11 The Law Regarding Product and Price Signs The retailer may post a maximum of three (3) signs per store which describe the tobacco products and prices, however only one sign is permitted at the point of sale (cash register, till). The signs may be visible inside or from outside the store. The signs must be white and must not be bigger than 968 square centimeters (approximately 12 x 12 ). The lettering must be black and not more than 5 cm high (approximately 2 inches). The sign must not have any graphics, design or any symbol except the $ sign. The sign must not have any reference to a tobacco brand or manufacturer. Prescribed penalties for violation of restrictions on tobacco product advertising signs Ticketed Provision Contravention Fine Amount TCA Sec 2.4(b) Promote tobacco in prohibited manner $ 575 Page 10

12 Tobacco Enforcement in BC Enforcement and Penalties for Non-Compliance with BC s Tobacco Control Act & Regulation 1. It is the responsibility of all retail owners/managers to ensure their staff is trained to sell tobacco in compliance with the law. 2. Tobacco enforcement officers, employed by BC s health authorities, enforce the provincial Tobacco Control Act (TCA) and Tobacco Control Regulation (TCR). 3. Tobacco enforcement officers conduct routine inspections, provide education and monitor compliance with the signage and display/promotion provisions of the TCA and TCR. They also conduct unannounced compliance checks using minor test shoppers to ensure tobacco is not being sold to minors. 4. Penalties for breaking the law may apply to owners, managers and clerks. These penalties are presented in tables throughout this manual for your information. 5. Tobacco legislation also provides for administrative penalties to a maximum 180- day tobacco sales prohibition and fines up to $5,000. Federal penalties for a first offence can be up to $3,000 and increase for subsequent offences. Page 11

13 Tips to prevent the sale of tobacco to minors It isn t easy to guess someone s age, so be sure and Check ID Always request ID from anyone appearing at least 25 years or younger. Be confident and polite when asking for ID. Handle resistant customers appropriately. Make a polite but firm statement refusing the sale, for example: The law in BC is that you have to be 19 before I can sell you tobacco. I am required to ask for ID The fine for selling to minors is $575! I could lose my job. No ID = No Sale The policy in our store is to ask anyone who appears to be under 30 for ID. and point to the sign on the cash register or other sign indicating the store s policy regarding age verification When there is any doubt refuse the sale! Page 12

14 What IDs are ACCEPTABLE? Federal law allows only the following documentation to verify the age of a person with respect to sale of tobacco: - Driver s Licence - Certificate of Indian Status card (with photograph) - Canadian Passport - Canadian Armed Forces identification card - Certification of Canadian Citizenship (with photograph) - Canadian Permanent Resident card - Documentation issued by a federal or provincial authority or a foreign government and contains the person s photograph, date of birth and signature (e.g. BCID) NOT ACCEPTABLE: School ID, Transit passes, Employee ID, Social Insurance Card, Care Card, etc. How to check ID Do not assume someone is of legal age because they show ID Check the date of birth to be sure. Inspect ID to ensure that it is genuine, unaltered & valid (i.e. NOT expired) & photographic image must match the presenting individual How to check for problems with IDs Look for anything that may indicate that the ID is altered or fake (such as.. o Has the ID been changed in any way? o Have the dates been altered in any way? o Is the typeface the same on the dates as it is on the rest of the card? o Has the surface been scratched so that you cannot read the dates? o Have the corners been peeled back? o Run your finger across the surface of the card Has it been scratched near the birth date? Can you feel a break in the surface that would show something has been inserted into the card has a new date been inserted into the card? o Check the picture does the customer look like the person in the picture? o If ID is laminated, does the lamination cover the magnetic strip? Page 13

15 How to check ID - Identification Samples Old (but still valid!) BC Driver s Licence & Identification Card On the old BC licence and ID cards, the date of birth is shown below the photo. The digits in the provincial crest hologram are the last two digits of the birth year. Use an Age Prompt Decal to determine if person is still a minor New BC Driver s Licence & Identity Card The new format began issue in Date of Birth Birth Year Important: There is a notation at bottom left corner if holder is a minor when the licence or identity card was issued. Note: BC residents may apply for a BCID card (international students may also apply for BCID to use while they are studying in BC). Use an Age Prompt Decal to determine if person is still a minor Page 14

16 Permanent Resident Card Date of birth Use an Age Prompt Decal to determine if person is still a minor Canadian Passport Date of birth Use an Age Prompt Decal to determine if person is still a minor. n.b The person s name may be found on a separate page in the passport. Page 15

17 When to refuse a sale of tobacco When the customer does not produce ID when requested When the presented ID is not valid When the customer is NOT 19 years old (Check the Date of Birth on the ID to verify age. Look at the year, month and day to make sure the person is at least 19 years of age). How to refuse a sale of tobacco Make a firm but polite statement refusing the sale Know your store s policy for dealing with abusive or threatening customers, and know what to do and how to get help! Page 16

18 Staff Support & Training Staff Support Retailers can support their staff by: Developing clear written policies and procedures dealing with tobacco sales and to prevent the sale of tobacco to minors o One policy should state that you and all employees must ask for valid identification from any customer requesting tobacco or tobacco products who looks 25 or younger. Advise employees about what you expect of them and of the consequences for staff who do not comply with store policy and the law. Providing training to employees or anyone engaged in the store who sell tobacco o Pair up experienced staff with new staff until you are satisfied that the new staff is clear and confident about how to comply with the law. Provide staff with any new or changed information immediately Regularly monitoring employees to ensure they are following store policies and procedures Ensuring required signage is posted AND UNOBSTRUCTED as required by law. Posting Age Prompt or Check ID decals on the cash register where clerks can refer to them quickly and easily to determine whether a customer is 19. Using an age-prompt program in your cash system. Remember: It is the responsibility of the owner/manager to ensure staff know and obey the law and to provide them with the support they need. Training is the best way to protect you and your business from penalties prescribed against tobacco retailers for breaking the law. Page 17

19 Training Tips How you train your staff is up to you, but here are some ideas for how you could go about it: Inform yourself about the tobacco laws. Training others is much easier when you are well-informed about the subject. Explain definitions such as legal age and minor. Explain penalties that could apply to you and your store and possibly to themselves Review the material provided in a special training session, provide a one-on-one session with new staff as part of their orientation to the job Provide this material to them to study and test them later with a quiz (see sample) Add your own questions about your store policies on tobacco Have staff participate in role play activities to practice requesting ID, checking valid ID, spotting false ID, and refusing sales Practice reading different types of valid ID to determine age Provide periodic reviews of training, checks and tests to help refresh this information with your staff and to provide updates. Ask each staff member at the beginning of each shift What date would I have to be born if I turned 19 today? or I turn 19 today. What year was I born?, etc. Be innovative. Produce lapel-style buttons for your staff to wear while working or signage to use near the cash register Responsibility starts here. Please produce your valid ID for tobacco purchases. or Nothing personal it s the law. Please produce your valid ID for tobacco purchases. Page 18

20 Resources/Materials You may wish to use a calendar or other kind of date reminder like the one below to help you calculate a person s age. The above can be printed as a poster from the Ministry of Health s web site: Smaller adhesive decals are available by contacting your local tobacco enforcement officer at the health authority office. Page 19

21 Page 20

22 Staff Training Checklist The following topics have been reviewed with staff: Tobacco products include tobacco leaves and anything made from tobacco in any form or for any use. Tobacco products cannot be displayed anywhere a minor has access and cannot be visible from outside the premises. Cigarette papers, tubes and filters federal Tobacco Act prohibits sale of these items to anyone under the age of 18. Matches or lighters printed with a tobacco brand cannot be given away for free federal Tobacco Act. They must be sold and cannot be displayed. Matches or lighters not displaying a tobacco brand may be given away at no charge and may be displayed. Keeping tobacco covered between sales and while restocking. Tobacco cannot be given or sold to persons under 19 years old. Tobacco packages cannot be opened prior to sale. No sale of partial packages or single cigarettes. Why tobacco sales are prohibited to minors. When staff must check ID. What is valid ID? How to check the birth date on valid ID to ensure customer is 19 or older. How to ask for ID politely but firmly point to signage to support your request. How to refuse a sale. Store policy for dealing with abusive or threatening customers. Signage and extra materials they can use to explain the law to customers. What are the consequences of selling tobacco to a minor? Other store policies, procedures and consequences for not following them. Staff have completed training and testing, and the manager has reviewed the results. Page 21

23 Sample Staff Training Quiz Preventing Tobacco Sales to Minors For each question, check all that apply 1. It is legal to sell cigarettes to anyone who is: at least or older 21 or older 25 or older 2. Which products cannot be legally sold to minors: Cigarettes Cigarillos Lighters Cigars Chewing tobacco 3. Which of the following are not acceptable ID? Passport School ID Driver s Licence Employee ID Canadian Armed Forces ID Card Canadian Permanent Resident document Certificate of Canadian Citizenship card with photo Provincial, Federal or Foreign Government issued ID with name, photo, date of birth and signature 4. It is legal to sell: (a) Single cigarettes True False (b) Open packages as long as True False they contain at least 20 cigarettes 5. It is legal to sell tobacco to someone who appears or claims to be over 19. True False 6. The fine for selling tobacco to a minor is: $20 $158 $288 $ It is OK to sell tobacco to a minor if the parent sends a note saying it is OK. True 8. Employees can be fined for selling tobacco to a minor. True False False Page 22

24 9. What is the maximum amount a retailer can be fined for selling tobacco to a minor? $288 $575 $2,000 $5, How long can a retailer have their right to sell tobacco suspended for? Up to 60 days Up to 90 days Up to 120 days Up to 180 days 11. Which of the following statements are true? Tobacco must never be visible from outside the store. Tobacco must be covered between each and every sale. Stocking tobacco shelves must take place when minors are least likely to be in the store. 12. Customers may handle cigars prior to sale. True False 13. Empty cigar boxes may be kept on the counter to hold small items. True False 14. What is an age restricted tobacco retailer allowed and required to do that is different from other tobacco retailers? 15. What is the rule for selling tobacco products like cigarette papers, tubes and filters in BC? Quiz Completed on (date) by: Signature: Quiz Reviewed on (date) by: Signature: Score: /22; (Any incorrect answers should be reviewed with staff) Page 23

25 Staff Training Quiz Answers - Preventing Tobacco Sales to Minors 1. It is legal to sell cigarettes to anyone who is 19 or older. 2. All are illegal 3. School ID and Employer/Employee ID, are not acceptable 4. (a) False it is illegal to sell single cigarettes (b) False it is illegal to sell from open packages of cigarettes 5. False. It is never easy to guess someone s age. Check valid photo ID 6. $ False it is illegal to sell tobacco to a minor for any reason. 8. True employees can be fined $575 for selling tobacco to a minor. 9. A court or administrator can penalize a retailer up to $5000 for selling tobacco to a minor. 10. Up to 180 days. 11. All True 12. False. Cigar humidors must be locked until opened by clerk to remove product for clients. 13. False. Display of product brand names or logos is prohibited 14. An age-restricted retailer is one where the primary nature of the business is such that entrance to minors is prohibited (e.g. adult entertainment businesses or where liquor is served in bars). If a tobacco retailer chooses to deny access to minors, the retailer may display tobacco products to customers so long as the products are not visible from outside the location. A minor trying to enter the business must be confronted at the entry point and is not allowed access until proof of age is established to be over 19 years. False 15. It is illegal under federal law to sell such items to persons under the age of 18 Page 24

26 Staff Training Letter of Understanding Sample Letter of Understanding Regarding Compliance with Store Policy For Tobacco Sales between: Retailer: and Employee: I have received training on and understand and agree to follow this store s policy with regard to the sale of tobacco, particularly: We ask for acceptable government-issued photo ID from every customer who appears to be under years of age for all tobacco sales. We do not sell the following to customers under age 19 years: Cigarettes, cigars, loose tobacco, chewing tobacco, snuff, papers, tubes, filters (Insert additional store policy here) Signed: Employee: Retail Owner/Manager: Date: Please keep a copy of this form for your employee personnel files. Page 25

27 Contact Information Vancouver Coastal Health s Tobacco Enforcement Office: Vancouver Coastal Health Authority Health Protection Tobacco Control Program W Broadway Vancouver, BC V5Z 1E2 Phone: Fax: Website: Other BC Health Authorities Tobacco Control contacts: Vancouver Island Health Authority Fraser Health Authority Interior Health Authority Northern Health Authority BC Ministry of Health: Tobacco Control website; information for tobacco retailers: Pamphlets: Preventing Tobacco Sales to Minors, Answers to Tobacco Retailers Most Common Questions What you Need to Know about B.C. s Tobacco Control Laws Tobacco laws in British Columbia Tobacco Retail Display and Promotion Restrictions, What you need to know about B.C. s tobacco laws effective March 31, 2008 Posters: Traffic Light Check ID, Year Poster, colour, 8 ½ x 11 inches; (Available to download and print) British Columbia Tobacco Control Act & Regulation: Page 26

28 Health Canada: Tobacco Control Program, BC Region: Information regarding access, promotion, labelling, reporting or importing Tobacco information: Federal Tobacco Act: You may want to check on the Ministry name for TRA BC Ministry of Small Business & Revenue: Information regarding Tobacco Retailer Authorization (TRA) A TRA must be obtained in order to sell tobacco at retail level. Each TRA is location-specific and one must be obtained for each store/location where tobacco is sold. TRA is not transferrable from location or to another retailer. Information: Toll free: Access TRA application form and Bulletin TTA 003 at the following website: To report contraband or other illegal tobacco sales: Crimes in progress: report to or to local policing agency Crimestoppers: ; or text the information at keyword BCTIP ; or through the website at or Ministry of Finance, Investigations TIPS LINE: Local tobacco enforcement officer through local health authority office Want to Quit Smoking? or call (translation in over 130 languages) Page 27

29 References Toolkit for Responsible Tobacco Retailers, Atlantic Region, Minister of Health, Health Canada, HC Pub.: 4340, Cat.: H128-1/09-573, ISBN: ; 2009 A Tool Kit for Retailers who Sell Tobacco in B.C., British Columbia Ministry of Health, 2001, Environmental Health Services, Fraser Health Authority, May 2010 Pamphlet: Preventing Tobacco Sales to Minors, Answers to Tobacco Retailers Most Common Questions, British Columbia Ministry of Health, date unknown c 2008 Pamphlet: What you Need to Know about B.C. s Tobacco Control Laws, British Columbia Ministry of Health, date unknown c 2008 Pamphlet: Tobacco laws in British Columbia, British Columbia Ministry of Health, date unknown c 2008 Pamphlet: Tobacco Retail Display and Promotion Restrictions, What you need to know about B.C. s tobacco laws effective March 31, 2008, British Columbia Ministry of Health, date unknown c 2008 Page 28