ROANOKE TIMES
Copyright (c) 1997, Roanoke Times
DATE: Friday, February 28, 1997 TAG: 9702280067
SECTION: VIRGINIA PAGE: A-1 EDITION: METRO
SOURCE: STEPHANIE STOUGHTON LANDMARK NEWS SERVICE
Staff writer Megan Schnabel contributed to this report.
BEGINNING TODAY, anyone younger than 27 must produce a photo ID to buy cigarettes or chewing tobacco. But a report that Virginia wouldn't enforce the new rules caused momentary confusion Thursday.
Oops!
Virginia will indeed enforce a new federal regulation that requires retailers to demand photo identification from tobacco buyers younger than 27, despite comments to the contrary, Gov. George Allen said Thursday.
Allen said he was surprised to read a newspaper story quoting other state officials, including a spokesman for Attorney General Jim Gilmore, saying Virginia would not enforce the law.
``Well, first of all, the attorney general does not decide whether or not we are going to enforce these regulations,'' Allen said on his monthly radio show Thursday. ``We will enforce these regulations. These are valid federal laws.''
As for the assertion that Gilmore said no, Gilmore said it isn't so.
"State and local enforcement agencies should cooperate with federal agencies as they do in enforcing other federal laws," Gilmore said in a prepared statement.
"No member of my staff discussed this with me. Had they done so, I would have told them that, as attorney general, I have a responsibility to enforce the law. Statements made to the contrary by a member of my staff were incorrect."
His spokesman, Mark Miner, is taking the blame, saying he misspoke to the Washington Post reporter who wrote the story.
``Just call me mud,'' Miner said.
The switcheroo caused some fleeting confusion among Virginia tobacco retailers, but most said they planned to follow the Food and Drug Administration rules regardless of any state-federal turf war.
"The tobacco regulations are federal law," said Jim Reeves, Roanoke-based director of risk management for The Kroger Co.'s mid-Atlantic region. "Kroger will comply with federal law as planned." Although the state's apparent flip-flop raised some eyebrows at the grocery chain's local offices - and prompted a number of calls to headquarters and attorneys - he said there never was any question that the company would follow the new rules.
The first rule, which requires retailers to get photo identification from tobacco buyers younger than 27, takes effect today. Retailers can be fined $250 for ignoring the law, even if a buyer meets the legal smoking age of 18.
The regulation is aimed at ensuring that mature-looking youths can't buy cigarettes or smokeless tobacco. (Cigars aren't included.) Other rules, which kick in Aug. 28, limit tobacco advertising, promotions and displays in stores.
The FDA, which crafted the rules, is counting on states to enforce them. But it will enforce the regulations if necessary.
``Basically, we would be prepared to help enforce the provisions of these regulations,'' said Brad Stone, an FDA spokesman. ``But we still hope to get cooperation from all the states.''
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