THE VIRGINIAN-PILOT
Copyright (c) 1997, Landmark Communications, Inc.
DATE: Wednesday, February 19, 1997 TAG: 9702190420
SECTION: BUSINESS PAGE: D1 EDITION: FINAL
SOURCE: BY STEPHANIE STOUGHTON, STAFF WRITER
DATELINE: VIRGINIA BEACH LENGTH: 125 lines
The convenience-store clerk is having a bad day.
He nonchalantly has sold cigarettes to kids. And now the store owner, staring incredulously at another nastygram from federal regulators, turns to glare at him.
The clerk isn't in trouble. He's just a character in a Food and Drug Administration video, which aired Tuesday in Virginia Beach and 24 other cities. The film was shown to retailers in hopes that they will comply with a series of new tobacco regulations.
The first rule, which takes effect Feb. 28, requires retailers to check the photo identification of people who appear to be younger than age 27 before selling them cigarettes or chewing tobacco.
If there's any doubt over the age, retailers should ask for ID anyway. That's because stores caught selling to teens may be fined $250 if they've already been warned. Failure to check ID, even if the person meets the legal smoking age of 18, also could mean trouble.
More rules, which kick in Aug. 28, limit vending machine sales, ban self-service cigarette displays and disallow many in-store tobacco ads and promotional material.
The FDA held interactive town meetings across the nation, showing retailers how to comply with the regulations while lecturing on the ills of cigarette smoking.
In Virginia Beach, retailers who gathered at the Movies at Kempsriver could participate by handing in written questions about the regulations. The questions were then read overthe air, and FDA officials responded.
Retailers who attended the local video conference said they had no problems with keeping cigarettes and Joe Camel ads away from kids.
But they say the FDA's rules are a bit hazy.
For example, the FDA doesn't require a merchant to repeatedly check a regular customer's ID.
But Dick VanSickle, owner of Dad's Corner Store in Newport News, says he's worried that customers will turn him in if he sells cigarettes to someone who appears to be young - even though he has checked that person's ID during previous purchases.
``What kind of aggravation am I going to have?'' VanSickle asked. ``Am I going to have more compliance inspections just because some goody two-shoes called the FDA?''
VanSickle also said determining age is difficult to do, which is why he may be asking 30ish customers to pull out their drivers' licenses.
For retail chains, complying will be an even bigger headache.
``This is going to be a little challenging for a lot of retailers,'' said Tim Camp, division vice president of supermarket chain Super Fresh. ``It's going to require some pretty intensive in-store training.''
Super Fresh and other grocers will have to remove self-service cigarette displays and figure out how they'll sell tobacco products - whether it's from a lock-and-key room or somewhere behind the cash register.
Of course, all stories do have happy endings - at least in the FDA's video.
After bungling several tobacco sales, the convenience-store clerk learns how do things correctly. He cards a young man and tells his underage friends to get lost. Then, he demands ID from a man who appears to be about 25 and who's very irritated that he has to root through his wallet for identification.
The clerk's fictional owner might approve, but the audience in Virginia Beach didn't look too convinced.
``That's going to be the hitch,'' one woman said. ``Customers are going to get an attitude.'' ILLUSTRATION: Color photo by Lawrence Jackson/The Virginian-Pilot
Convenience-store owners, health care workers and other business
people watch a dramatization Tuesday....
[For complete copy of cutline, see microfilm]
Graphic
Rules:
New tobacco regulations for all retailers:
Starting Feb. 28:
Check photo identification for anyone under 27.
Starting Aug. 28
No vending machines or self-service displays accessible to
youths.
Inside stores, all tobacco ads and promotional materials with
pictures or color have to be removed. Use only ads or material with
black text on a white background.
(Exception: Inside places that never have anyone under 18
present, colorful ads with pictures can be displayed, as long as
they're not visible from the outside and can't be removed.)
Outside stores, all outdoor tobacco ads and promotional material
within 1,000 feet of a school or public playground must be removed.
Beyond 1,000 feet, use only ads or material with black text on a
white background.
Don't give out hats, T-shirts or any other gift item to anyone in
exchange for a tobacco proof-of-purchase or as part of a sale of
cigarettes or smokeless tobacco.
Don't give out free samples of cigarettes or smokeless tobacco.
Don't sell single cigarettes or packs with fewer than 20
cigarettes.
Q: Which tobacco products are covered by the new regulations?
A: Only cigarettes and chewing tobacco. FDA officials explained
that youths weren't overwhelmingly attracted to cigars, although
that may be changing.
Q: Which agency will check stores for compliance?
A: The FDA plans to pay for the services of state or local
inspectors. The FDA hasn't announced which agencies in Virginia
might provide these services.
Q: Can I have a cigarette vending machine in my bar?
A: Yes, if the nightclub is entirely inaccessible to youths. No,
if it allows everyone - kids and adults - inside for lunch or any
other time.
Q: Who gets fined - the owner or the employee?
A: The owner pays. The first time, the owner gets a warning.
After that, fines are $250 on up.
Q: What if a youngster comes in to buy cigarettes for her mother,
who's waiting in the car?
A: Don't do it, the FDA says.
Q: Do I have to ask the same customers for photo ID - over and
over again?
A: After you've seen a customer's photo identification, you don't
have to request it again.
Q: What about adults who buy cigarettes for minors?
A: Under the FDA rules, the store owner can't be penalized if an
adult hands over cigarettes to a minor. But, ``We'd hope adults
wouldn't do that,'' an FDA official said.
KEYWORDS: FDA JUVENILE TEENAGER UNDERAGE SMOKERS
REGULATIONS TOBACCO RULES