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Positions: Quadrupling Size of Signs barring sale of Tobacco to Minors A.3930
by Member of Assembly Clark The public health law requires tobacco retailers to conspicuously display a warning sign store communicating New York's prohibition against the sale of tobacco products to minors. It mandates that the message be printed in red letters, at least one-half inch in height, on a white background. A.3930, however, would quadruple the size of the red-and-white sign to one requiring more than 2½ square feet of wall space. NYACS, representing nearly 5,000 retail locations licensed by the State of New York to responsibly sell legal tobacco products to adult customers who choose to use them despite the known health risks, opposes passage on the following grounds. It is unnecessary. The existing sign, roughly the size of this page, is large enough to be read by any customer coming to the counter. In addition to posting this sign, most of our member retail stores go beyond the statute by voluntarily displaying additional signage to deter minors from trying to buy tobacco (such as "We Card" program signage, window stickers, calendars etc.) on the door and/or at the check-out counter. There are ample warnings throughout our stores. It is impractical. At its current size, the warning can be affixed to a cash register or countertop. A sign enlarged to the size of a movie poster could not fit there; it would have to go on the back wall. The trouble is, the Hannon-Luster bill banning self-serve displays of tobacco products in retail stores, passed by the Assembly last year and signed into law, will take effect March 20, 2002, leaving most retailers with only one place to safely and lawfully display cigarettes - the back wall. This law would unreasonably require them to forego the equivalent of one-eighth to one-quarter of that display space to accommodate a sign that in most cases is already displayed closer to the customer. It will be selectively
enforced. Native American retailers now account for more than 25%
of the cigarette sales in New York State, yet state policy allows these
enterprises to totally ignore state laws governing taxation of cigarettes,
verification of the age of cigarette purchasers, self-serve displays of
tobacco, minimum pricing, and warning signs. It won't have the desired impact. We share the sponsors' goal of reducing youth access to tobacco, and as retailers we accept our fair share of the responsibility for achieving that goal. But bigger warning signs aren't going to stop kids from smoking or trying to buy cigarettes, because they face no consequences for doing so. New York will never stop teen smoking until it makes it illegal for teens to possess, use, or attempt to purchase tobacco products, as 45 other states already have done. The risk of civil penalties such as a fine, community service, or loss of driving privileges has proven effective in other states in deterring youth smoking. For the aforementioned reasons, NYACS opposes passage of A.3930. February 4, 2002 Home - About NYACS - Trade Show - The Industry - Membership - Contact Us - Issues - Tools
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