In BC, it’s against the law to sell tobacco to minors

You’ll hear it time and again from young smokers. They say they’d find it a lot easier to quit – or not start – if it was harder to get their hands on cigarettes. And studies have shown it’s true that young people are less likely to smoke when it’s hard for them to buy tobacco.

That’s a key reason why it’s against the law in BC to sell tobacco products to anyone under the age of 19. Stores that sell cigarettes must post that information at their cash registers.

By keeping tobacco away from minors, retail staff are contributing positively to helping young people stay healthy. Most shop owners and their staff follow the rules.

What’s the law?

In BC, tobacco can’t be legally sold to anyone under 19. That includes sales of cigarettes, cigars and all types of tobacco.

Federal tobacco law forbids sales of tobacco products, including cigarette tubes, filters and papers to anyone under 18. Some stores have a policy of not selling these items as well as cigarette ‘accessories’ such as lighters to any one under 19. This decision is up to individual tobacco retailers.

If in doubt, ask for ID.

Retailers should refuse to sell tobacco if there is any doubt that the customer is at least 19 years of age. If you are uncertain about the customer’s age, you should ask for valid photo identification. Federal law only permits the following types of I.D. to be used to verify age:

• driver’s licence
• passport
• certificate of Canadian citizenship with the person’s photography
• Canadian permanent resident document
• Canadian Armed Forces identification card; or
• Any other provincial, federal or foreign government-issued I.D. that shows the person’s photograph, date of birth and signature.

Note: A school-issued student I.D. cannot be relied on to verify age.

Penalties for Selling to Minors

In BC, selling tobacco to minors can cost retailers thousands of dollars in fines and lost revenues, thanks to tough measures aimed at keeping cigarettes and other tobacco products out of the hands of young people.

Conviction for a first offence under the Tobacco Sales Act leads to a steep fine - up to $2,500 - which is five times more than convicted offenders used to pay. Conviction for a subsequent Tobacco Sales Act offence can land tobacco retailers a $5,000 fine. A tobacco retailer with two Tobacco Sales Act convictions within five years can lose their authorization to sell tobacco products for six months.

A third Tobacco Sales Act conviction within five years can cost a tobacco retailer their ability to sell tobacco for a full year, and further convictions can lead to a suspension for two years.

The law in BC requires suspended tobacco retailers to post a public sign to let the community know they have had their authorization to sell tobacco suspended. The names of all suspended tobacco retailers are also posted on the Ministry of Health Services web site.

Check out current suspensions at www.health.gov.bc.ca/tobctrl/violations.html.

There are other offences that are treated just as seriously:

• failing to post age and health warning signs (which discourage sales of tobacco to youth),
• selling cigarettes in packs of fewer than 20, and
• selling single cigarettes from open packages (which would make it easier for young people to afford them).

Making it stick

How does the government catch offenders? Sometimes through routine inspections or surveillance operations by enforcement officers, who check to ensure the required signs are posted and watch to make sure tobacco retailers aren't selling to minors.

Often, though, it’s young people who do the leg-work. Underage test shoppers, working for the local health authority, try to buy cigarettes or some other tobacco product.

Stores that sell to test shoppers once usually get a warning letter. But if a store is caught a second time selling to one of the test shoppers, they get a violation ticket. Any more often and they face harsher penalties.

It’s working

It wasn’t that long ago that many stores didn’t take the rules seriously at all. In 1995-96, 35 per cent of the stores being checked sold tobacco products to underage test shoppers.

But that percentage has declined steadily. By 2002, only 9 per cent of the stores were selling to underage test shoppers.

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