BY JOHN PATTERSON
SALISBURY POST

Tougher laws enacted in 1997 to curb the sale of tobacco products to minors will get even sharper teeth next month, as authorities start handing out citations instead of warnings to merchants who sell tobacco to those under 18.

The laws, enacted by the N.C. General Assembly and the U.S. Food and Drug Administration (FDA), have been enforced here in North Carolina by agencies like the state’s Alcohol Law Enforcement (ALE) Division. Starting April 15, merchants caught selling tobacco products to minors will be cited – not just warned.

Under state law, any person convicted of an illegal sale and/or failure to demand proof of age is guilty of a Class 2 misdemeanor. And under FDA rules, the store’s owner can face civil fines up to $10,000 if a sales clerk does not check the photo identification of anyone under 27, or sells tobacco products to minors.

ALE agents will continue to conduct 500 random compliance checks each month as part of efforts to ensure that FDA regulations are upheld.

Here’s what merchants and retailers should know about N.C. tobacco laws:

- It is illegal to sell or distribute tobacco products to anyone under 18. It is also illegal to assist in the sale or distribution of tobacco products to anyone under the age of 18.

- The seller must demand proof of age from the prospective purchaser if he/she has reason to believe that the person is under 18.

- It is illegal for anyone under 18 to purchase or accept receipt of tobacco products. It is illegal to use false identification to purchase or attempt to purchase tobacco products.

- It is illegal to send or assist a person who is younger than 18 to purchase, receive or attempt to purchase tobacco products.

- Sellers of tobacco products must prominently display a sign near the point of sale that states the following: ‘‘N.C. law strictly prohibits the purchase of tobacco products by persons under the age of 18. Proof of age required.’’

In addition to state laws, FDA rules mandate that retailers must check the photo identification of anyone under the age of 27.

Merchants also have a responsibility to train all sales employees about the law. Clerks must refuse a sale if:

- The customer has a youthful appearance and does not have any form of identification.

- A minor presents a note written by a parent that requests tobacco, or an adult tries to purchase tobacco products for a minor.

Finally, when a sale is refused, the clerk should inform the customer of the reason.

Anyone with questions about the law or wanting more information may call ALE headquarters at 919-733-4060.