DATE: Saturday, March 1, 1997               TAG: 9703010270

SECTION: FRONT                   PAGE: A1   EDITION: FINAL 

SOURCE: BY LORRAINE EATON, STAFF WRITER 

                                            LENGTH:  108 lines

NO ID, NO SALE? DESPITE NEW LAW, MAYBE NOT IN SEVEN TRIES, TWO LOCAL TEEN-AGERS BUY CIGARETTES TWICE WITHOUT BEING CARDED.

``From now on, in every store in America, our children will be told: No ID, no sale,'' President Clinton proudly proclaimed on Friday.

Sorry, Mr. President. Not in every store.

In fact, in a random test of local stores, two local teen-agers found that getting smokes without an ID is still possible.

On Friday, the day that new federal rules went into effect requiring retailers to demand a picture ID for anyone who looks 27 or younger, two 18-year-old Virginia Wesleyan College students took the new regulations for a test drive and bought cigarettes without being carded in two of seven attempts.

Melissa Harris and Jonathan Smith, both 18 and nonsmokers, said few of their friends are ever carded for buying cigarettes. On Friday, they hit gas stations, a convenience store and grocery store, all in Virginia Beach. Their experience at Farm Fresh best illustrates the uneven enforcement of the new regulations.

Jonathan picked up a pack of Camels and got in line. At his turn, the middle-aged clerk paused for a micro-second before asking, ``Are you old enough to buy these?''

``I think I am,'' Jonathan said smiling.

He gave the cashier his money and that was that.

But Melissa chose a line with a young clerk whose youthful looks assured that he himself would be carded if he tried to buy smokes.

``Have you got an ID?'' he asked.

``No, I left it at home,'' she answered apologetically.

He then politely recited the new regulation right off the top of his head: that he had to card anyone who looked 27 or younger.

``This is so weird,'' Melissa said after coming up empty-handed. ``This never happens.''

Jonathan also sailed off, hassle-free, from the counter of a Getty gas station. Later, the clerk explained that she recognized Jonathan. Jonathan said he'd never been in the store before.

While it's not working perfectly, both students said that the new measure is apparently having some effect.

Melissa and Jonathan have bought cigarettes for friends, but not because they are 18 and their friends are not. ``I've never had an underage person ask me to buy them, because they can buy them themselves,'' Melissa said.

Melissa didn't have her ID with her Friday, and in three attempts, she never did get to buy cigarettes. Jonathan, who said before going out that he had ``never been carded, never been hassled,'' had to produce identification in two of four tries.

Even though all 50 states already prohibit tobacco sales to anyone under 18, minors purchase an estimated $1.6 billion in tobacco products annually, government figures show. About 16 percent of America's high school students are frequent smokers, according to the U.S. Centers for Disease Control. And 75 percent of teen-age smokers say they have never been carded, health officials report.

Earlier this week, Virginia officials seemed to be balking at the new identification regulations, but on Friday Gov. George F. Allen made it clear that Virginia would indeed be checking ID's.

Virginia law says that minors who attempt to buy tobacco products - including chewing tobacco and cigarettes - risk a civil penalty of up to $50 for the first offense and up to $100 for subsequent offenses.

Retailers who sell to minors can be slapped with a fine of up to $50 on the first offense, up to $100 for the second offense and up to $250 for subsequent offenses.

A bill awaiting Allen's almost certain signature would double existing fines.

Store owners caught selling to teens also face federal fines of $250 per violation as part of President Clinton's attempt to quash underage smoking. Repeat offenders could face penalties of as much as $15,000 and have their names posted on an Internet list of offenders.

On Friday, every store visited had the new federal regulations posted.

At Papco on Opal Drive in Virginia Beach, where Jonathan had to flash his ID before buying a box of Marlboro Lights, Manager Liz Morris pointed to a copy taped to the counter. ``I always card,'' she said. ``On the weekends sometimes kids come over from the trailer court,'' she said. ``Most know that I won't give them to them, so they don't even try.''

At the 7-Eleven at 814 Baker Road where Melissa got nabbed, clerk Wilma Angeles said that since Thursday night, they've been carding everybody.

``Some people get mad,'' she said, ``and some people don't.''

In August, more sweeping Food and Drug Administration rules take effect that ban most cigarette vending machines and curb tobacco advertising seen by teens. Next year, the agency also will ban tobacco brand-name sponsorship of sporting events. All the FDA regulations are being challenged in court by the tobacco industry.

Jonathan and Melissa said that their experience Friday convinced them that it might be tougher for minors to buy cigarettes in the future, but they doubted that the regulations would have much impact on the numbers of young smokers.

``It would be nice if it would, but I don't think it will make a big enough impact to decrease the amount of underage smokers,'' Melissa said. ``They will just find people who will buy cigarettes for them.'' MEMO: The Associated Press contributed to this article. ILLUSTRATION: [Color Photo]

D. KEVIN ELLIOTT/The Virginian-Pilot

Melissa Harris, 18, didn't have her ID on Friday, so she didn't get

cigarettes at this Virginia Beach 7-Eleven. Store employees have

been carding everybody since Thursday night, said clerk Wilma

Angeles.

D. KEVIN ELLIOTT/The Virginian-Pilot

Jonathan Smith needed his ID to buy this package of Marlboro Lights,

but two other stores didn't bother to check, despite a federal law

that took effect Friday, requiring clerks to card young people

buying cigarettes.