A Comprehensive A Comprehensive Approach for Reducing Approach for Reducing Illegal Tobacco Sales to Illegal Tobacco Sales to

YouthYouth

Kevin A. Alvarnaz, Cessation Program Kevin A. Alvarnaz, Cessation Program ManagerManager

Bureau of Chronic Diseases & Injury Bureau of Chronic Diseases & Injury PreventionPrevention

Division of Tobacco Prevention & ControlDivision of Tobacco Prevention & Control

Pennsylvania Department of HealthPennsylvania Department of Health

December 11, 2003December 11, 2003

Presentation Outline:Presentation Outline:

Goals of the Pennsylvania tobacco Goals of the Pennsylvania tobacco control programcontrol program

History and allocation of MSA fundingHistory and allocation of MSA funding Illegal tobacco sale rates to youth in PAIllegal tobacco sale rates to youth in PA Development and implementation of a Development and implementation of a

comprehensive approachcomprehensive approach Results – rate of illegal sales to youthResults – rate of illegal sales to youth Final thoughtsFinal thoughts

The Big Picture:The Big Picture:Pennsylvania’s GoalsPennsylvania’s Goals

Program goals support Healthy Program goals support Healthy People 2010 objectives:People 2010 objectives: Change community norms through Change community norms through

state-advised, community-driven state-advised, community-driven systems that create environments systems that create environments where it is uncommon to see, use, and where it is uncommon to see, use, and be negatively impacted by tobacco be negatively impacted by tobacco products and tobacco smoke pollutionproducts and tobacco smoke pollution

Reduce consumption of tobacco Reduce consumption of tobacco products to youth and adults in products to youth and adults in Pennsylvania to less than 12% by 2010Pennsylvania to less than 12% by 2010

CDC Best PracticesCDC Best Practices

Community-based Community-based programsprograms

Reduction of the Reduction of the chronic disease chronic disease burdenburden

School programsSchool programs EnforcementEnforcement

Statewide programsStatewide programs Counter-marketingCounter-marketing Cessation programsCessation programs Surveillance & Surveillance &

evaluationevaluation Administration & Administration &

managementmanagement

State and local initiatives follow national best practices for building comprehensive tobacco

control programs

Funding Levels in Funding Levels in PennsylvaniaPennsylvania

Pennsylvania will receive $11.4 billion Pennsylvania will receive $11.4 billion over 25 years as a result of the tobacco over 25 years as a result of the tobacco MSA.MSA.

Funding legislation (Act 77) appropriates Funding legislation (Act 77) appropriates 12% of the annual payment to the 12% of the annual payment to the Division of Tobacco Prevention & ControlDivision of Tobacco Prevention & Control $41.4 million SFY 2001-2002$41.4 million SFY 2001-2002 $52.0 million SFY 2002-2003$52.0 million SFY 2002-2003 $51.8 million SFY 2003-2004$51.8 million SFY 2003-2004

Funding Distribution: Funding Distribution: Prevention & CessationPrevention & Cessation

30% 70%

Primary Contractor Statewide Initiatives

SFY 2001-02 Funding $41,402,000 SFY 2002-03 Funding $52,023,000 70% - $28,981,400 70% - $36,416,100 30% - $12,420,600 30% - $15,606,900

Primary Contractors:Primary Contractors:

Identified 51 primary contractors to build Identified 51 primary contractors to build comprehensive tobacco prevention and comprehensive tobacco prevention and cessation programs in PA’s 67 countiescessation programs in PA’s 67 counties

Required to coordinate a minimum of 3 Required to coordinate a minimum of 3 enforcement checks on every tobacco enforcement checks on every tobacco retail outlet within their service area retail outlet within their service area yearlyyearly

Engage retailers at the local levelEngage retailers at the local level

Pennsylvania Synar Survey Pennsylvania Synar Survey ResultsResults

0.0

10.0

20.0

30.0

40.0

50.0

60.0

1996 1997 1998 1999 2000 2001

Survey Year

Ille

gal Sale

Rate

s (%

)

RequiredActual

A Comprehensive CampaignA Comprehensive Campaign

Increase in cigarette excise taxIncrease in cigarette excise tax Ongoing enforcement checks of tobacco Ongoing enforcement checks of tobacco

retail outletsretail outlets Compliance Alliance: youth-led initiativeCompliance Alliance: youth-led initiative Statewide media campaignStatewide media campaign Act 112 legislationAct 112 legislation Community-based retailer education Community-based retailer education

forums forums

Increased Cigarette Excise Increased Cigarette Excise TaxTax

Original cigarette excise tax of 31Original cigarette excise tax of 31¢ / ¢ / pack in place for 10+ yearspack in place for 10+ years

Proposal to increase tax by 69¢ to Proposal to increase tax by 69¢ to $1.00 / pack$1.00 / pack 10% 10% in price = 7% in price = 7% in youth smoking in youth smoking

prevalenceprevalence 10% 10% in price = 5% in price = 5% in young adult in young adult

smoking prevalencesmoking prevalence 10% 10% in price = 7% in price = 7% in smoking among in smoking among

pregnant womenpregnant women

Increased Cigarette Excise Increased Cigarette Excise TaxTax

Cigarette tax raised to $1.00 / pack Cigarette tax raised to $1.00 / pack in June 2002in June 2002 Revenue increased from $267 million to Revenue increased from $267 million to

$846 million (217%$846 million (217%)) Cigarette sales (in packs) decreased Cigarette sales (in packs) decreased

from 1.07 billion to 918 million (16.5%from 1.07 billion to 918 million (16.5%)) Ranked 12Ranked 12thth in nation (tied with Alaska, in nation (tied with Alaska,

District of Columbia, Maine, & Maryland)District of Columbia, Maine, & Maryland) No excise tax presently on smokeless No excise tax presently on smokeless

tobacco products in PAtobacco products in PA

Increase in Enforcement Increase in Enforcement ChecksChecks

Between October 2001 and June Between October 2001 and June 2002, over 4600 enforcement checks 2002, over 4600 enforcement checks were conductedwere conducted

Primary contractors under contract in Primary contractors under contract in May 2002 – more than 25,000 May 2002 – more than 25,000 enforcement checks performed in SFY enforcement checks performed in SFY 2002-20032002-2003

Generated a significant increase in Generated a significant increase in media at the local levelmedia at the local level

Youth-led, anti-tobacco movement in PAYouth-led, anti-tobacco movement in PA Focus on exposing the manipulative and Focus on exposing the manipulative and

deceptive marketing practices that Big deceptive marketing practices that Big Tobacco uses to target teensTobacco uses to target teens

Supported by primary contractors and Supported by primary contractors and their service providers (subcontractors)their service providers (subcontractors)

Compliance Alliance: Compliance Alliance: Summer 2002Summer 2002

First major initiative of BUSTED!First major initiative of BUSTED! Youth attempt to purchase tobacco Youth attempt to purchase tobacco

products, interrupt the buy, and products, interrupt the buy, and educate the retailer on PA youth educate the retailer on PA youth access to tobacco lawsaccess to tobacco laws

Statewide media campaign created Statewide media campaign created to support Compliance Allianceto support Compliance Alliance

Statewide Media CampaignStatewide Media Campaign Developed through focus group Developed through focus group

research with:research with: Retail store ownersRetail store owners ClerksClerks Law enforcement agentsLaw enforcement agents Youth under age 18 who smokeYouth under age 18 who smoke Parents of youth who smokeParents of youth who smoke

Included statewide media buy & series Included statewide media buy & series of 3 interactive retailer mailingsof 3 interactive retailer mailings

Community-Based Community-Based InitiativesInitiatives

Tobacco retailer luncheons held:Tobacco retailer luncheons held: 28 luncheons throughout Pennsylvania28 luncheons throughout Pennsylvania 1000+ total attendees reached1000+ total attendees reached Engaged owners & clerks of retail store Engaged owners & clerks of retail store

chains, “Mom & Pop” stores, Hispanic chains, “Mom & Pop” stores, Hispanic bodegas, and other population groupsbodegas, and other population groups

Evolution of innovative partnershipsEvolution of innovative partnerships Primary contractors partner with retailers Primary contractors partner with retailers

to educate about and enhance store to educate about and enhance store policies policies

Youth & primary contractors partner to Youth & primary contractors partner to educate retailerseducate retailers

Act 112: Major ProvisionsAct 112: Major Provisions

Restricts placement of vending machinesRestricts placement of vending machines Establishes a separate fine structure for Establishes a separate fine structure for

clerks and retailersclerks and retailers Restricts displaying or offering for sale a Restricts displaying or offering for sale a

cigarette out of a pack of cigarettescigarette out of a pack of cigarettes Expands enforcement authorityExpands enforcement authority Authorizes youth ages 14 to 17 to Authorizes youth ages 14 to 17 to

participate in compliance checksparticipate in compliance checks Establishes youth penalties for purchase or Establishes youth penalties for purchase or

attempt to purchase of a tobacco productattempt to purchase of a tobacco product

Increased FinesIncreased Fines

Previous fines- $25-$300Previous fines- $25-$300 New fine structure:New fine structure:

ClerksClerks

•$100-$250 1$100-$250 1stst offenseoffense

•$250-$500 2$250-$500 2ndnd offenseoffense

•$500-$1000 3$500-$1000 3rdrd and and subsequent offensessubsequent offenses

RetailersRetailers

•$100-$500 1$100-$500 1stst offense offense

•$500-$1000 2$500-$1000 2ndnd offense offense

•$1000-$3000 3$1000-$3000 3rdrd offense and offense and license suspension for 30 dayslicense suspension for 30 days

•$3000-$5000 4$3000-$5000 4thth offense and offense and license revocation for 60 dayslicense revocation for 60 days

Youth PenaltiesYouth Penalties

Youth under age 18 who purchase or Youth under age 18 who purchase or attempt to purchase tobacco are attempt to purchase tobacco are subject to:subject to: Up to 75 hours of community service Up to 75 hours of community service

and/orand/or Completion of a tobacco prevention and Completion of a tobacco prevention and

cessation program approved by the cessation program approved by the Department of Health and/orDepartment of Health and/or

A fine up to $200 and/orA fine up to $200 and/or 30 day suspension of driver’s license 30 day suspension of driver’s license

Additional Provisions of Act Additional Provisions of Act 112112

Affirmative DefenseAffirmative Defense Retailers may use an affirmative Retailers may use an affirmative

defense 3 times in a 24 month perioddefense 3 times in a 24 month period Provides incentive for retailers to run a Provides incentive for retailers to run a

“tight ship”“tight ship” Compliance checks no more than Compliance checks no more than

once every 30 daysonce every 30 days No prohibition on law enforcementNo prohibition on law enforcement

Did The Approach Work?Did The Approach Work?

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10.0

20.0

30.0

40.0

50.0

60.0

1996

1997

1998

1999

2000

2001

2002

2003

Survey Year

Ille

gal Sale

Rate

s (%

)

RequiredActual14.5%

10.8%

Take-Home Message #1Take-Home Message #1

Retailer and community education Retailer and community education combined with ongoing enforcement combined with ongoing enforcement of youth access to tobacco laws are of youth access to tobacco laws are

important components of a important components of a comprehensive tobacco control comprehensive tobacco control

program that can effectively change program that can effectively change community norms.community norms.

Take-Home Message #2Take-Home Message #2

Integration of a statewide media Integration of a statewide media retailer education campaign with retailer education campaign with

initiatives that engage local initiatives that engage local communities through customized communities through customized retailer and community-specific retailer and community-specific youth access education works!youth access education works!

Take-Home Message #3Take-Home Message #3

Involvement of youth in retailer and Involvement of youth in retailer and community education is a community education is a

WIN / WIN !!!WIN / WIN !!!

Take-Home Message #4Take-Home Message #4

Innovative partnerships at the local Innovative partnerships at the local

Level are cost-effective in reducing theLevel are cost-effective in reducing the

illegal sale of tobacco products to illegal sale of tobacco products to youth.youth.

It takes a village to change It takes a village to change

community norms!community norms!

Questions will be Questions will be answered after the next answered after the next

presentation. presentation.

Thank you for your Thank you for your consideration!consideration!