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The Family Smoking Prevention and Tobacco Control Act (Tobacco Control Act) was enacted in June of 2009 and granted the FDA the authority to regulate cigarettes,[link widoczny dla zalogowanych], roll-your-own tobacco and smokeless tobacco products. Under this law, the FDA has been issuing and implementing various tobacco regulations. This year, there are several major regulations under consideration by the FDA’s Center for Tobacco Products.
The Tobacco Control Act does not require tobacco retailers to implement a clerk training program. However, in July of 2010, the FDA issued what is called a “guidance” document that sets forth recommended elements for a training program. The FDA accepted public comments on the proposed training program elements, and should be issuing a final set of recommended elements soon.
If a retailer uses a training program that meets the FDA recommended requirements, then a lower penalty structure will apply if a clerk violates the law and sells tobacco products to an under-aged individual. Owners of convenience stores and smoke shops lined up to oppose the bill, warning of lost revenue for them and the state and store closures and layoffs. Some predicted that customers who can’t buy locally will buy on the black market, at tribal stores,[link widoczny dla zalogowanych], online or in other states.
“This bill would basically bankrupt us,” said Jeff Toole, of Spokane, who owns two retail stores with his wife. Like others, Toole urged lawmakers instead to enforce existing laws against selling to minors,[link widoczny dla zalogowanych], even to raise penalties if necessary. Jeannie Lee, executive director of the Korean American Grocers’ Association based in Federal Way, representing 980 stores in the state, said many store owners work 14 hours a day and are struggling in this economy.
Lee,[link widoczny dla zalogowanych], in an interview, said about 40 percent of a typical store’s sales volume is from tobacco, with perhaps half of that from flavored products. “Our stores rely on the profit of selling tobacco products,” Lee told committee members at the hearing. “Our members will be devastated by this bill.” Lee said the impression she got from other speakers is that convenience stores are selling to 11-year-olds, but “they’re not,wholesale marlboro cigarettes at cheap price,” she insisted. Store owners are very mindful of complying with state law, she said.
Rodney Lusk, director of the hospital’s cochlear implant center, said a cochlear implant can have a greater impact on a person’s life than almost any other medical intervention, but without extensive follow-up and affordable care, patients may not fully benefit. “The bottom line is,[link widoczny dla zalogowanych], Michelle wouldn’t have been here had it not been for the tobacco money,” Lusk said. “What we’re working on probably wouldn’t be happening.”
The tobacco settlement money was “critical to our decision to come to UNMC,[link widoczny dla zalogowanych],” said Hamid Band, who with his wife, Vimla,[link widoczny dla zalogowanych], came to Omaha from Northwestern University. “It allowed us to have a vision that we could establish a program that would otherwise have been difficult.”