Age limit for purchase of tobacco not a deterrent • Sec. Villagomez says proposed bill may court legal challenge

Increasing the age limit of persons who can avail of tobacco products in the CNMI from 18-21 will not help curb its use in the community, said Health Secretary Joseph Kevin Villagomez.

While the Department of Public Health welcomes legislation that will reduce the use of tobacco products in the community, Mr. Villagomez said it is important that such a law is practical and enforceable.

“We do not want one that can easily be challenged in court due to its potential unconstitutional provisions,” he said.

During Tuesday’s public hearing at the House Committee on Health and Welfare, Mr. Villagomez urged Rep. Maria Peter not to pass House Bill 12-008 which further restricts the sale and increases penalties on the provisions of use and purchase of tobacco products by minors as well as raising the purchase age from 18 to 21.

With the enactment of PL 11-75, the Northern Marianas has put in placed one of the most comprehensive anti-youth tobacco law, through the cooperation of various agencies, than any place in the Western Pacific, including Guam.

As a result of this, the annual sting operations have yielded significant results as it has shown a decrease in violation rate of tobacco retailers selling tobacco products to minors under the age of 18.

From a 95 percent rate of violations in 1996, the figure dropped to 28 percent in 1999. Although the government still has to further reduce the violation rates, the department has been able to sit down with retailers, increasing their awareness and understanding of the law.

The changes recommended under HB 12-008 would make it difficult for government agencies to enforce PL 11-75. In the first place, an individual is considered a legal adult at 18 which simply means that he/she can make decisions whether it be for medical purposes or legal matters.

“To simply raise the buying age of tobacco products to 21, as in the case of alcohol, due to the premise that ‘our minors are still being exposed to such harmful materials,’ might be missing the point,” Mr. Villagomez said.

Currently, younger people, not between the ages of 18 and 21 are using tobacco products, thus the proposed legislation will still not address the intended population.

“We continue to address the increase use of alcohol in our youths even though we have the 21-year-old age limit in place. It is our belief that the concept behind allowing individuals to legally purchase tobacco products at the age of 18 places that individual in a responsible position to make an informed decision having
considered the warning signs and potential health risks,” Mr. Villagomez said.

Changing the age limit places a huge burden on most retail establishments which now employ high schools students aged 14-18 as cashiers. With few exceptions of large stores, which allow only supervisors to handle tobacco products, most smaller retailers have only one cashier.

Often times, the managers or owners of these stores are not present to ensure that tobacco products being sold are done so only by those who are 18-21. This issue needs further review since it will be analyzed by the business as well as the legal community.

Mr. Villagomez, however, recommended the revision of one provision in PL 11-75 requiring a “glass casing for all tobacco products,” which was not carefully studied before it was included. No penalties were included to address any violation of this provision.

“We believe that HB 12-008, in its present form, will not contribute to further decrease in youth access to tobacco products,” he said. He instead asked the legislators to give PL 11-75 some time to address the issue and maybe later on, the department can request for amendments to such areas that are not working as originally intended.