Law toughens tobacco ban on minors

Gov. Pedro P. Tenorio has signed a law to strictly enforce a ban on tobacco use among minors, including an increase in penalties for people who buy or sell cigarettes to children.

Proponents of the legislation explain the measure would help curb the growing incidence of use of tobacco products by youths in the Commonwealth which they say is on the rise despite an existing law that prohibits it.

Under Public Law 11-75, establishments or individuals selling or giving tobacco to minors will be penalized. It likewise imposes penalties on youths under the age of 18 found to be possessing, using or smoking tobacco.

Both violations, considered a misdemeanor, are punishable by a fine of $1,000 and imprisonment of up to one year or 250 hours of community service, the law says.

There are no government estimates how widespread is the tobacco use by minors in the Northern Marianas. A study conducted by the Institute of Medicine says 16 million packs of cigarettes are consumed by minors in the United States every year and half of those are illegally sold to underage persons.

The Department of Public Health has strongly lobbied for the approval of a wider ban on tobacco use by minors due increasing number of youths smoking cigarettes in school premises.

Stricter requirements

The new law now requires establishments to secure licenses to be able to sell tobacco whether for wholesale, retail or distribution. An applicant with more than one establishment is required to apply for a separate license for each additional establishment.

While the measure says permit to sell can be acquired from the Alcohol, Beverage and Tobacco Control Division of the Department of Commerce, Tenorio said applicants must get licenses from the Department of Finance, which now has the authority over licensing under a new law he approved recently.

A license to sell tobacco will now cost a wholesale agent $300, retail dealer (general license) $100, retail dealer (vending machine) $75, and distributor (vending machine) $100.

Any establishment that will be permitted to sell tobacco are also required to conspicuously display signboards reading “TOBACCO SALES PROHIBITED TO PERSONS UNDER AGE OF 18” next to any tobacco product.

Retail establishments must ensure that cigarettes are displayed behind a glass partition in the counter or in a cabinet properly secured by the owner, while cigarette vending machine will only be allowed in establishments that only admit individuals 18 years old and above.

A maximum fine of $500 and revocation of license for up to one year face those who would be found illegally selling tobacco, according to the law.

Increased enforcement

To strengthen enforcement, the law empowers the ABTC Division of the commerce department to conduct inspections of premises during business hours even without prior notice to establishments selling tobacco products.

DOC and the Departments of Public Safety and Health are also authorized by the law to conduct undercover investigations using a minor against individuals or businesses engaged in selling of tobacco provided there is consent from parents or legal guardian of the underage person.

However, such assistance by a minor cannot be used as a condition of probation in connection with a minor’s sentencing in juvenile delinquency proceedings.

The three agencies may also establish a task force and enter into a memorandum of understanding to coordinate enforcement efforts and educate minors on the hazards of smoking.