Preventing Youth Smoking in Delaware
Because 90% of smokers start before age 21, our goal is to reduce the number of youth who start smoking to avoid future health problems.
Among our programs which address children and youth:
Delaware Kick Butts Generation (KBG) – A youth-led program in schools and communities
to counter tobacco marketing. KGB has developed its own website at www.ysmoke.org.- Teens Against Tobacco Use (TATU) – an established curriculum about tobacco use taught by youth for youth.
- Not on Tobacco (NOT) – an American Lung Association program that helps kids in schools and communities quit smoking.
- Smoke Screamers – A Boys and Girls Club tobacco prevention and educational program that contains a physical activity component.
- Anti-smoking TV commercial contests for Kent, Sussex, and New Castle county high schools.
- Anti-smoking T-shirt design competitions in middle schools and high schools.
- Anti-smoking billboard design contest for youth.
We can also provide statistical information, data and reports on tobacco use. Our survey information is available to anyone who ask and includes data from the:
- Youth Tobacco Survey – A survey of middle and high school youth conducted in even years.
- Youth Risk Behavior Survey – a survey of youth ages 9 through 12, conducted in odd years.
You can view these and other surveys on the University of Delaware's youth data website.
Other youth tobacco related websites are:
Delaware's Youth Access Law
The Delaware Youth Access law prohibits sale of tobacco products to anyone under the age of 18. A copy of the law is available on the website of the Delaware General Assembly.
The Youth Access Law is enforced by the Department of Safety and Homeland Securty, Division of Alcoholic Beverage Control and Tobacco Enforcement. Since 2000, tobacco enforcement agents have been distributing educational packets to all tobacco retailers in Delaware.
The packet comes in six different languages: Arabic, Hindi, Mandarine Chinese,
Korean, Spanish and English. Included in the packet is a laminated sticker notifying the public about
the state law on sale and distribution of tobacco products, and a window decal with the packet’s
logo, “Kids Can’t Buy ‘Em Here.” If you would like to request a packet, please
call the Division of Alcoholic
Beverage Control and Tobacco Enforcement.
What happens if you break the law?
The fine for sale or delivery of tobacco products to a minor, or for providing samples or coupons to a minor, is $250 for the first offense, $500 for a second offense and $1,000 for a third or subsequent offense. A second or subsequent offense is one that occurs within 12 months of a previous offense.
In addition to a fine, upon conviction of a second or subsequent offense, the Court may order the suspension of a license to sell tobacco products for a period not to exceed 6 months.
What can happen to a retail licensee when their employee breaks the law?
The owner, proprietor, franchisee, store manager or other person in charge of the premises is liable for violations committed by their employee.
The law provides an affirmative defense, which may only be used twice in a twelve month period, if the licensee has:
- Adopted and enforces a written policy prohibiting the sale of tobacco products to individuals under 18 years of age
- Informed employee of the law prohibiting the sale of tobacco products to individuals under 18 years of age
- Required employees to sign a form indicating that they have been informed of and understand the written policy
- Required employees to verify age of persons attempting to purchase tobacco products by means of photographic identification; and
- Established and enforced disciplinary sanctions for noncompliance.
Delaware law provides persons engaged in the sale or distribution of tobacco products with the right to demand proof of age from persons attempting to purchase tobacco products. Individuals presented with proof of age that would lead a reasonable person to believe that the individual presenting the identification was 18 years of age or older have an affirmative defense to criminal liability.
Delaware law requires persons engaged in the sale or distribution of tobacco products to display a notice stating that:
- Sale of tobacco products to persons under 18 years of age is illegal
- Purchase by anyone under 18 years of age is illegal
- Violations will be subject to fines; and
- Persons selling tobacco products have the right to demand proof of age from persons attempting to purchase tobacco products
- Failure to post the required notice subjects the owner of licensed tobacco retailers to a fine of $100.
Vending Machines
Delaware law prohibits the distribution of tobacco products through vending machines in public places with the exception of bars, tobacco shops, and premises in which persons under 18 years of age are prohibited by law from entering. In these locations, the law requires that vending machines be located at least 25 feet from any entrance and be directly visible to the owner or supervisor.
Tips To Avoid Selling
Tobacco Products To Minors
- Always request ID to determine the age of a tobacco purchaser. It is recommended that you check IDs for anyone who you believe is under 27 years old. Valid forms of identification include a driver’s license, State ID card, military ID and/or a passport.
- Figure out the date that someone can purchase tobacco products. Take the current year minus 18 years. Example: If the date is November 21, 2003, take 2003-18 = 1985. You may sell products to anyone with a birthday on November 21, 1985, or before that date.
- Be prepared to handle situations that may occur. Think about how you will handle them.
- A written note from a parent or other adult to purchase tobacco products is not acceptable. Remind the minor that the person purchasing the tobacco products must be at least 18 years of age and must have ID.
- It is not acceptable for a minor to buy a tobacco product for anyone else. Again, remind them that the person purchasing the tobacco products must be at least 18 years of age and must have ID.
- A minor may try to frustrate the cashier by searching for their ID, saying they are in a hurry, or causing a scene. The cashier may be embarrassed to check ID. Just remember: it’s against the law to sell to a minor – and you could be fined.
- Young cashiers should not be embarrassed to check the ID of a beautiful young woman or a handsome young man who wants to purchase tobacco products. Just remember: it’s against the law if you sell to a minor and you could be fined.
- Young cashiers may know and individual or group of kids from their school who want to purchase tobacco products. They may tell the cashier that it’s cool to sell to them; no one will ever know. Aa agent may be watching; and state law requires a $250 fine for the 1st time you sell tobacco products illegally.
