New York Association of Convenience Stores

130 Washington Avenue, Suite 300, Albany NY 12210

TELEPHONE: (800) 33-NYACS or (518) 432-1400 FAX: (518) 432-7400

MEMORANDUM IN OPPOSITION

A.5883 by Member of Assembly Galef

AN ACT to amend the public health law and the penal law, in relation to

increasing the purchasing age for tobacco products from 18 to 19

The New York Association of Convenience Stores, representing more than 5,000 neighborhood mini-marts and convenience stores licensed by the State of New York to sell cigarettes, shares the sponsors' commitment to the common goal of preventing youth access to tobacco.

But elevating New York's tobacco purchase age would not yield meaningful progress toward that objective, and it is disingenuous to try to fool the public into believing it would be an effective weapon in the fight against youth smoking.

Unregulated Outlets

First, more than 40% of cigarettes purchased by New Yorkers are purchased from unlicensed, unregulated, untaxed sources – Native American reservations, the Internet, and bootleggers. These outlets thumb their nose at the legal purchase age for cigarettes and refuse to subject themselves to the health department monitoring and penalties that licensed stores are exposed to.

Were New York's purchase age jump to 19, 18-year-olds intent on buying cigarettes could simply join the smoker stampede to these readily available unregulated, unmonitored sources, or just cross into any of the five states bordering New York where the legal age will remain at 18.

Shared Responsibility

As the Sponsor's Memorandum correctly observes, the incidence of licensed stores selling tobacco to minors has dropped dramatically. Surveys consistently show that underage smokers get their cigarettes not from stores, but from adult relatives or acquaintances.

CONTINUED è

Therefore, if New York truly wants to stop teens from smoking, rather than a higher purchase age it needs to enact a law that will stop teens who are smoking, by making it illegal for a minor to possess cigarettes.

At least 40 other states already have laws prohibiting teenagers from possessing or using tobacco products. In New York, they are not held accountable at all.

Issuing an appearance ticket for a civil violation, and sentencing the minor to a tobacco awareness class or a small fine, would be entirely reasonable given the oft-cited long-term health consequences and health care costs associated with smoking. And suspending the driving privileges of repeat offenders is an appropriate deterrent.

There are two reasons that sales of tobacco to minors occur much less frequently these days – the voluntary, good-faith, proactive steps taken by licensed retailers to prevent underage sales, and tough enforcement by state and local health departments. The State of New York said to retailers: "If you sell to minors, there will be consequences," and it's working. Likewise, there need to be consequences for minors who smoke.

Confusion at the Counter

Another factor is education of the trade, a key to preventing underage sales. Responsible store operators have spent the last 10 years drumming into the heads of their cashiers that 18 is the legal age for buying cigarettes.

The consistency of that message is a big reason the incidence of licensed stores selling tobacco to minors has dropped dramatically in Nassau County and statewide over the past five years. The simpler, clearer and more consistent the laws are, the easier they are for store personnel to learn, remember and execute. Leaving it at 18 will help in this regard.

For the aforementioned reasons, NYACS respectfully opposes passage of this legislation, and instead urges the Assembly to pass legislation establishing civil penalties for underage use and/or possession of tobacco.

James S. Calvin

President, NYACS

April 8, 2005