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Required training for tobacco retailers – 11/1/12
Q: Does your state require retailers or clerks selling tobacco to have received specific education or to pass some kind of test to sell tobacco? Please share a brief description of the requirements for retailers / retail clerks and the training program, if applicable.
A:
- Alabama: No test or training is required in Alabama. We have the laws governing tobacco retail on our website if you would like the details!
- California: The California Tobacco Control Program (CTCP), in collaboration with our state enforcement agency partners, developed a retailer training PowerPoint presentation which is available on our website (see links below and a brief description of the materials). The presentation is accompanied by an introductory letter to the retailer and a clerk quiz.
Stop Tobacco Sales to Youth: California Retailers and Youth Tobacco Laws (Revised 2010) - This training presentation is designed as a self-education tool for use by California tobacco retailers and their employees. Included in this PDF is an introductory letter to retailers, a presentation and a clerk quiz. The California Department of Public Health is providing this training pursuant to Business & Professions Code, Section 22974.8.
The introductory letter to retailers and clerk quiz are also located on our STORE Campaign Website.
Many other states have excellent retailer training materials that are being disseminated in accordance with Synar activities. To explore the possibility of sending an email to the Synar list serve, please contact Susan Marsiglia-Gray at SAMHSA’s Center for Substance Abuse Prevention who oversees the National Synar Program.
- Kentucky: In Kentucky we do not have a mandated training for tobacco retailers. We do have a training program rolled out in June 2012 that is based on the FDA’s draft guidance for tobacco retailer training programs that was created by a partnership between the Kentucky Department for Public Health, the Division for Behavioral Health, Developmental and Intellectual Disabilities and Kentucky Alcoholic Beverage Control, which performs compliance checks. The training is offered both in person through local health departments and regional prevention centers as well as on-line on Alcoholic Beverage Control’s website. Retailers must pass a quiz at the end with a 70% to receive a certificate of completion.
At this time we are not pushing for the training to become required across the state as there are other legislative priorities. We do have one county that is considering a local ordinance that would require retailer training, a model that has been established with alcohol retailer training in the state.
- Michigan: The State of Michigan has no such requirements. However, in fiscal year 2007, the Tri-Town Health Department (the only regional health district in Berkshire County), comprised of Lee, Lenox, and Stockbridge assisted several Berkshire County Boards of Health (Great Barrington, Lanesboro, Lee, Lenox, Otis, Monterey, Pittsfield, and Stockbridge) amended their youth access regulations.
- Those regulations required all retail store clerks selling tobacco products to be enrolled into a formal training program and be certified for a three year period after which they would have to be recertified.
- Tri-Town Health Department staff began offering the Tobacco Retailer Certification Program for free for three years. The training program was created without any grant or seed funding and its current format is a PowerPoint presentation with discussion and relevant topics. We received some grant funding for an evaluation component.
- The training is offered at least twice a month in each community requiring the certification as well as evening classes to accommodate shift workers.
- Each participating clerk takes a basic written exam after at the end of the training session; with a passing score of 80%, the clerk then becomes a “Certified Tobacco Retailer Clerk” and is qualified to sell tobacco in the community requiring certification.
- The certification is valid for three years, at which point the clerk must become re-certified.
- The Town of Lee (fiduciary agent) established a revolving account and the minor fees collected for the training help to offset the cost of supplies and equipment.
- To my knowledge, this is the only certification program required through local board of health regulations and serves as a model for others to utilize.
- To date, 1,800 clerks have been certified and the illegal sales to minors have decreased from an average of 44 per year to 13.
- No permit suspensions have been issued saving over $10,000 in fines.
- We currently average around 450 certifications per year.
- After analysis of our demographic data collection (51%) of the clerks that are certified are current smokers and we are now pursing options and working with our partners to incorporate a cessation training component as part of the training including the 1-800-try-to-stop hotline and other resources to help with this challenging issue.
As the program continues to grow, we are now receiving requests from other communities to join but due to its current format, we cannot accommodate other towns due to staffing. However, we are pursuing grant funding to convert the program into a web based program that will be accessible for any community where the training would be provided for a nominal fee and the certification would be printed for each user. Visit our website at www.tritownhealth.org for more information.
- New York: Retailer training in New York State is not required. However, the retailer training provision in Public Health Law Article 13-F allows for a reduction in points assigned for the sale of tobacco to a minor if the clerk who sold to the minor obtained a certificate of tobacco sales training prior to the date of the violation. There is no reduction in points for training received after the violation, so there is incentive to train sales clerks ahead of time. Click here for a copy of the Public Health Law with the training section highlighted.
- Utah: Utah does not require a test or education in order to become licensed to sell tobacco. However, we do offer a retail education program (the "We ID Everyone" program) in which retail managers and staff are educated on Utah tobacco laws, tips for what to look for when checking IDs, how to refuse a sell, etc. A copy of our guide, posters, register stickers, and other materials can be accessed here on our website. The materials are all available in Spanish as well.
Though we do not require the retailers to go through the training, all outlets are offered the training and if they can show proof that they've been trained (there's a quiz at the end of the training and a certificate they sign and date), then their fee can be reduced if they have an illegal sale.
We are currently in the process of putting all these training materials into an online training and certification process for easier access.
- Washington: After some careful consideration a couple years ago, we decided against going for a training requirement because we couldn’t see that it resulted in better outcomes.
This same question was sent to the Synar list serve after a call with FDA. Editor’s note: Contact tcn@astho.org to obtain the six states’ responses that were shared on the Synar listserv; this information will be provided upon request.
- Wisconsin: Wisconsin State Statute requires that clerks, bartenders, etc. selling tobacco be trained and that an acknowledgement of the training be kept in the personnel file of the employee. The training that the Wisconsin Tobacco Prevention and Control Program created and promotes is SmokeCheck.org. Please check out the study guides and test.
- West Virginia: West Virginia does not have tobacco retailer licensure, nor is there any specific requirement that clerks receive specific training or pass a specific test on selling tobacco products. Unfortunately, retailer licensure for tobacco retailer licensure is VERY political, and requires legislative action.
The only licensure that we have is a check-off box (treasurer’s office). However, it’s nothing that we can sink our teeth into to make a difference. However, for those retailers who habitually violate during FDA inspections, FDA can take more stringent action. As far as requiring licensure is concerned, the cost of enforcement (manpower to enforce) would be prohibitive.
What we are seeing in the field is that corporate convenience stores implement their own training as well as their own compliance inspections. Of course, we’re not sure what action they take when a clerk fails an inspection the first time or the second time. We will be putting the See Red? material on our website so that West Virginia retailers will be able to use our training in conjunction with theirs. Retailers will be notified that such material is available.
One of the things we do is offer to come to corporate managers’ meetings to do a training presentation for them to take back to their stores to train their own staff.
With the amended WV State Code 16-9a-2 now stating ‘Any employer who discovers that his or her employee has sold or furnished tobacco products to minors may dismiss such employee for cause. Any such discharge shall be considered as ‘gross misconduct’ for the purposes of determining the discharged employee’s eligibility for unemployment benefits in accordance with the provisions of section three, article six, chapter twenty-one-a of this code, if the employer has provided the employee with prior written notice in the workplace that such act or acts may result in their termination from employment.’ We go to all retailers who are out of compliance during Synar inspections in order to help them stay in compliance should they again be selected for inspection. When we bring this up to the manager/owner, they are very much interested in training their folks so that they have written evidence that they trained their folks.
However, in a nutshell – while some corporations have their own training, it looks like the state will need to continue the merchant education process to make sure retailers have the where with all to train their employees. We also need to make sure that enforcement officers/magistrates are also trained so that they can do their jobs properly. It’s not just about the retailers.
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For additional information about retailer licensing:
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