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Background
In 1992 Congress passed Section 1926 of Title XIX of the federal Public Health
Service Act, commonly called the Synar Amendment. The Synar Amendment requires
states to pass and enforce laws that prohibit the sale of tobacco to individuals under 18
years of age. It also requires that federal alcohol and substance abuse block grant
funding be applied to enforcing state law in a a manner that can reasonably be expected to
reduce the illegal sales rate of tobacco products to minors. Up to 40% of the block
grant funding can be withheld from states for not complying with the Synar Amendment.
In May 1994, the Department of Health Services, Tobacco Control Section
(DHS/TCS) and tobacco control advocates from 23 counties throughout the state undertook an
unprecedented massive effort to document how easily available tobacco products were to
minors. Over 400 youth, 13-17 years of age, surveyed more than 1,800 retail
stores. The results of the 1994 Youth Purchase Survey indicated that the illegal
sales rate was 52.1%.
In September 1994, the Stop Tobacco Access to Kids Enforcement (STAKE)
Act was signed into law creating Business & Professions Code 22950 - 22960 to address
the increase in tobacco sales to minors and fulfill the federal mandate.
Program Requirements
The STAKE Act created a new statewide enforcement program to take
regulating action against businesses that illegally sell tobacco to minors. Authority for
enforcement and responsibility for implementation of the program was delegated to the
Department of Health Services, Food & Drug Branch (FDB). The Act required DHS
to:
- implement an enforcement program to reduce the illegal sale of tobacco
products to minors and to conduct sting operations using 15 and 16 year old minors granted
immunity;
- operate a toll-free number for the public to report illegal tobacco sales
to minors;
- assure that tobacco retailers post warning signs which include the
toll-free number to report violations;
- assure clerks check the identification of youthful-appearing persons
prior to a sale;
- assess civil penalties ranging from $200 to $6,000 against the store
owner for violations; and
- comply with the SYNAR Amendment and prepare an annual report regarding
enforcement activities and their effectiveness for the federal government, Legislature,
and Governor. Thus the STAKE Program was initiated.
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