STAKE: Stop Tobacco Access to Kids Enforcement act

Tips For Clerks

This is an excellent example of a community action intervention. Be sure to check the laws in your state because they may be different.


• It is illegal to sell, distribute or furnish cigarettes, chewing tobacco, or any other tobacco product to anyone under the age of 18 years in California.
  

• Both clerks and store owners can receive fines and penalties for setting tobacco products to youth under the age of 18 (Business and Professions Code commencing with Section 22950 and Penal Code Section 308).
  

• State law requires identification (ID) to be checked prior to selling tobacco to a young person. Request picture ID from anyone purchasing tobacco who appears to be under the age of 25. California Driver Licenses and Department of Motor Vehicles Identification Cards issued after January 1, 1995 have a blue stripe if the person is under the age of 18.
  

• Do not feel rushed about checking ID, no matter how many people are in line. It is your job to make sure that you do not sell tobacco products to anyone under the age of 18.
  

• Checking ID for anyone purchasing tobacco who appears to be under the age of 25 is the best way to make sure that tobacco is not sold to youth under the age of 18. Remember that height, build, facial hair, make-up, clothing, and attitude may lead you to assume teens are older than they are.
  

• Investigators from the California Department of Health Services, Food and Drug Branch, or representatives from local law enforcement programs are checking businesses to see if they are complying with state law. Teenagers, 15 or 16 years of age, will go with the investigators and attempt to buy tobacco products.
  

• A toll-free number is available for the public to report illegal sales of tobacco to youth who appear to be under the age of 18 to the California Department of Health Services (1-800-5 ASK-4-ID).
  

• Remember tobacco products may not be sold to a youth under the age of 18 even if the youth states it is for a parent or presents a note from a parent or guardian.
  

• If customers, friends, or family complain about the policy, explain that state law prohibits the sale of tobacco products to anyone under the age of 18, and there are penalties for not complying with the law.
  

• Ask your manager or store owner for special training regarding the prevention of illegal sales of tobacco to youth under the age of 18.
  

• If your store uses a scanning system, ask your store owner about installing special software that automatically prompts cashiers to check ID when a tobacco product is scanned at the time of purchase.

Eliminating the Sale of Tobacco to Kids

Tips for Owners/Managers

an example of a community action intervention in California

• Communicate to all employees that it is against the law to sell, distribute, or furnish in any way cigarettes, chewing tobacco, or other tobacco products to anyone under the age of 18 and that employees must comply with the law.
  

• Inform employees that both store owners and clerks can receive fines or penalties for illegally selling tobacco products to anyone under the age of 18 (Business and Professions Code commencing with Section 22950 and Penal Code Section 308).
  

• Require employees to request picture identification (ID) from anyone purchasing tobacco who appears to be under the age of 25. California Driver Licenses and Department of Motor Vehicles Identification Cards issued after January 1, 1995 have a blue stripe if the person is under the age of 18.
  

• Reassure employees that checking ID is important, no matter how many people are in line. It is their job to make sure that they do not sell tobacco products to anyone under the age of 18.
  

• Checking ID for anyone purchasing tobacco who appears to be under the age of 25 is the best way to make sure that tobacco is not sold to youth under the age of 18. Remind employees that height, build, facial hair, make-up, clothing, and attitude may lead them to assume teens are older than they are.
  

• Explain to employees that investigators from the California Department of Health Services, Food and Drug Branch, or representatives from local law enforcement programs are checking businesses to see if they are complying with state law. Teenagers, 15 or 16 years of age, will go with the investigators and try to buy tobacco products.
  

• Explain to employees that a toll-free number is available to the public for reporting illegal sales of tobacco to youth under the age of 18 to the California Department of Health Services (1-800-5 ASK-4-ID).
  

• Remind employees they cannot sell tobacco products to a youth under the age of 18 even if the youth states it is for a parent or presents a note from a parent or guardian.
  

• Post the required warning signs:
  
  
  • Penal Code Section 308
    

  • STAKE Act Warning Sign (Business and Professions Code commencing with Section 22950)
  
  

• Reinforce your policy regularly by reminding employees about the law at staff meetings, through notices posted in the break room, newsletters, payroll stuffers, etc.
  

• If customers complain about your policy, explain that state law prohibits the sale of tobacco products to anyone under the age of 18, and there are penalties for not complying with the law.
  

• Implement a special training regarding the prevention of illegal sales of tobacco to youth under the age of 18.
  

• Install scanning system software which automatically prompts cashiers to check ID when a tobacco product is scanned at the time of purchase.
  

• Implement a "secret shopper" program to ensure that employees are honoring all store policies.

How and what to order:

J281 Adhesive STAKE Act Sign: Signs which comply with the STAKE Act may be attached with either the adhesive backing or with clear tape. These signs must be clearly posted at each sales counter and on each vending machine where tobacco products are sold.

J282 STAKE Act Brochure

An easy-to-read summary of the STAKE Act to help businesses comply with the law.

J283 STAKE Act Information.Kit

Includes: Brochure; Sign; Tips for Owners, Managers and Clerks; "Summary of Tobacco Laws Controlling Tobacco Sales and Distribution to Minors;" Fact sheet on "Stopping Tobacco Sales to Kids;" Resource Lists; and an Order Form.

J000 Camera Ready, Color Separations for reprinting of the STAKE Act Sign

Ship these materials to:

Contact Name __________
Organization __________
Shipping Address _________
City __________
State _________ zip ____
Phone _________

Mail or fax your order to:
TECC/ETR Associates
P.O. Box 1830
Santa Cruz, CA 95061-1830
FAX (408) 438-3618

Service Charge (Outside CA) Orders less than $1,000 add 3%; Orders over $1,000 add only $30.00

State Tax (CA residents only)

Tobacco Education Clearinghouse of California
California Department of Health Services, Tobacco Control Section.

Califormia Department of Health Services, Tobacco Control Section
Post Office Box 942732
Sacramento, CA 94234-7320