May 13, 1996
(Government Services and Lands)

Sale of tobacco products to young persons

On March 23, 1996, in conjunction with the Department of Health offices, the Department of Government Services and Lands conducted compliance checks on retail outlets in various areas of the island portion of the province. Youths aged 15 - 17 years of age assisted in these compliance checks which were aimed at determining the level of compliance with legislation prohibiting the sale of tobacco products to young persons.

In total 228 checks were carried out with 108 stores (49.1 per cent) found to be non-compliant. Additional data concerning results of the checks are attached.

The purpose of the checks was to achieve compliance through the provision of information and to ensure there is no misunderstanding of the legislation. The procedure used was to have a male and female youth enter the retail outlet and attempt to purchase tobacco products. If the clerk asked for age, the youth gave his/her correct age. If tobacco products were offered, the sale would not be completed and the youths would leave the store. An officer of the department returned to non- compliant stores to advise the clerk of the legislative requirements and to leave an information package regarding the legislation.

Subsequently, several weeks later all stores checked were written individually. Stores identified as compliant were commended and provided with an information package. Stores identified as non- compliant were reminded of the legislative requirements and given an additional copy of the information package.

It is intended similar checks will be carried out in the future to monitor the general levels of compliance. Additionally, outlets which continue to sell tobacco products in violation of the legislation may be subject to prosecution. A conviction could result in, for a first offense, a $500 fine and prohibition from selling tobacco for three months. The fines and prohibition from selling period will increase with successive convictions.

                   Provincial compliance check survey
                             March 23, 1996

                         Total Checks   Non-Compliant  Per cent 
                                                       Non-Compliant

Provincial Statistics         228            108             49.1%

Regional Statistics
     Avalon Region            139             66             48.0%
     Central Region            42             18              42.9%
     Western Region          47             24              51.1%

Compliance by Type of Store
     Smoke Shop                 1             1             100%
     Department Store           4             3             75.0%
     Pharmacy                   5             2                40.0%
     Corner Store             154            68              45.0%
     Supermarket                9             4               44.4%
     Gas Station               41            22              53.6%
     Restaurant                10             7               70.0%
     Other                      4              2                   50.0%

Compliance by Gender of Minor
     Female                   112            51              45.5%
     Male                     116            57              49.0%

Compliance by Age of Minor
     15 year olds              35             7              20.0%
     16 year olds              89            37              41.4%
     17 year olds             104            63              66.0%

Compliance by Height of Minor
     Male:
     5'7"                     10              2              20.0%
     5'9"                     16              4              25.0%
     5'11"                    37             24              64.9%
     6'1"                     16             14              91.9%
     6'2"                     19              5              26.3%
     6'3"                     18              8              44.4%

     Female:
     5'4"                     42             22              54.0%
     5'5"                      9              3              42.2%
     5'6"                     18             11              61.0%
     5'7"                     24              6              25.0%
     5'8"                     19              9              47.4%
 
Compliance by Gender of Clerk
     Female                   156            66              42.9%
     Male                     72             38              52.6%

Compliance by Age of Clerk
     Teens                     11              5              45.4%
     Twenties                 72             35              48.9%
     Thirties                  56             20              32.9%
     Forties                  59             34              57.6%
     Fifties                   23              9              36.9%
     Sixties                   6              2              33.3%

Signs and Compliance
     Signs Posted               167             78             46.7%
     Signs Not Posted          61            33              54.1%