REPORT AND EDUCATE MERCHANTS WHO VIOLATE THE LAW

Background

As described in the section on Laws Regulating the Sale and Distribution of Tobacco to Minors, California law requires that retailers must:

• Not sell, give, or in any way furnish to a minor any tobacco product or paraphernalia
• Check the identification of tobacco purchasers who reasonably appear to be under 18 years of age
• Post a boldly-printed, contrasting color sign in a conspicuous place at each point of purchase saying that tobacco products may not be sold to minors
• Not cover more than 33 percent of the square footage of windows and clear doors (e.g., glass) with advertising signs of any sort, including tobacco (pertains to retailers that sell alcohol)
• Not sell or display of cigarettes through a self-service display, which is an open display of cigarettes that is accessible to the public without the assistance of the clerk
• Not sell one or more cigarettes, other than in a sealed and properly labeled package
• Not sell cigarettes in packages of less than 20 cigarettes
• Not sell roll-your-own tobacco in a package containing no less than 0.60 ounces of tobacco
• Not sell bidis in places where minors are allowed
• Not sell tobacco products from a vending machine
• Not deliver any unsolicited tobacco products to any home in California
• Not sell tobacco products to minors via public or private mail services
• Obtain a license to sell tobacco from the California State Board of Equalization

Take Action!

• If you are witnessing a sales to minors violation in San Diego County, please immediately call the non-emergency phone number at your local enforcement agency.
• Use our Tobacco Sales Checklist to evaluate a store’s compliance with the law and with the rules of responsible retailing.
• To report a business that violates the law, call 1-800-NOSMOKE or complete our online Tobacco Sales Complaint Form.
• Educate merchants about the law by providing them with a copy of Laws Regulating the Sale and Distribution of Tobacco to Minors.
• Voice your opinion to store managers and owners, either in writing or in person. Suggest they limit the amount of tobacco advertising in and near their stores, and request that they remove tobacco advertising within children’s view, including away from the candy displays and any place three feet or below.
• Ask managers and owners to place all tobacco products, including chew and cigars, behind the counter and away from children’s hands and eyes
• If you see child-oriented products, such as holiday decorations or novelty items, positioned above or near cigarette display cases (a regular occurrence at many grocery stores), talk to the manager or owner and explain how this draws a child’s attention right to the tobacco products. It’s likely that the manager or owner has never even thought about it before.
• If you see candy cigarettes, bubble gum cigars or other tobacco look-a-like items being sold, explain to the manager or owner how these products may influence children’s behavior and may send the message that smoking is fun.