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Methodology

Youth Access Laws

The Youth Access grading system is based on the criteria developed by an advisory committee convened by the National Cancer Institute. The criteria were presented in the article "State laws on youth access to tobacco in the United States: Measuring their extensiveness with a new rating system," Marianne H. Alciati, Marcy Frosh, Sylvan B. Green, Ross C. Brownson, Peter H. Fisher, Robin Hobart, Adele Roman, Russell C. Sciandra and Dana M. Shelton, Tobacco Control, 7:345-352 (Winter 1998).

This approach provides scoring in nine categories: Minimum Age, Packaging, Clerk Intervention, Photographic ID Required, Vending Machines, Free Distribution/Samples, Graduated Penalties, Random Inspections and Statewide Enforcement. All laws are open to interpretation and our analysis may differ from those of the authors noted in the above study. In addition, there have been significant changes in state laws since the
publication of this paper.

The youth access grades are based on the highest state score of 28 (Delaware, Pennsylvania and Texas). Individual state scores were divided by 28 to arrive at the grades. Grades were given following the standard grade-school system. States receiving scores in the top 10 percent of the standard (90-100 percent) got an A. Those receiving scores that fell between 80-90 percent got a grade of B, between 70-79 percent a C, and between 60-69 percent a D. Those that fell below 60 percent received an F.

The grades break down as follows:

A = 26 to 28
B = 23 to 25
C = 20 to 22
D = 17 to 19
F = 16 and below.

The exception to the grading system:

Preemption: State preemption of stricter local ordinances is penalized by a reduction of one letter grade. States with preemption that score a perfect score of 36 points would not be penalized for preemption.

Key to Youth Access Laws Ratings by Category

For each category, a state without a specific provision receives a score of zero (0).

1) Minimum Age (4 points): Target is "prohibits the sale or distribution of any tobacco products to persons under 18 years of age through any sales distribution outlet and a warning sign is required at point of purchase with specific penalty for failing to post a sign." Score is lowered if laws meet the target age but do not require sign-posting, there is no specific penalty for not posting a sign, or both. A bonus point (+1) was available if the laws met the target criteria and exceeded the minimum age requirement of 18 years.

2) Packaging (4 points): Target is "prohibits all cigarette sales other than in a sealed package conforming to federal labeling requirements." Score was lowered if minimal exceptions were provided.

3) Clerk Intervention (4 points): Target is "prohibits access to or purchase of tobacco products without the intervention of a sales clerk." Score was lowered if the law specified an exception.

4) Photographic ID Required (4 points): Target is "requires merchants to request photographic identification for people who appear to be under 21 years of age." Score was lowered if laws required identification but did not meet target age, no age was specified or photo identification was not specified. A bonus point (+1) was available if the laws met the target criteria but required a minimum age of appearance greater than 21 years.

5) Vending Machines (4 points): Target is "total ban on sale of all tobacco products through vending machines in all locations." Score was lowered if laws depended on location and/or level of supervision required for ending machine sales.

6) Free Distribution/Samples (4 points): Target is "total ban on distribution of free tobacco samples, coupons for free samples or rebates." Score was lowered if ban only applied to certain locations or certain types of samples. A bonus point (+1) was available if the laws met the target criteria and included a specific ban on sampling through the mail.

7) Graduated Penalties (4 points): Target is "establishes system of graduated penalties or fines applicable to all youth access laws, to be levied within three years, plus possibility of suspension or revocation of a required tobacco retail license for repeated sales to minors." Score was lowered if penalties did not include possibility of suspension or penalties were not graduated and only applied to certain offenses or penalties could be delayed. An affirmative defense clause or intent requirement received a score of zero (0).

8) Random Inspections (4 points): Target is "establishes random, unannounced inspections of retailers as part of the enforcement mechanism, using underage buyers for the purpose of identifying violators and does not prohibit other use of minors to test compliance." Score was lowered if laws required inspections but with limitations. Any laws that included a provision that specifically prohibited the participation of minors in enforcement efforts received a score of zero (0).

9) Statewide Enforcement (4 points): Target is "establishes a clearly designated statewide enforcement authority for sales." Score was lowered if laws designated some enforcement authority other than statewide.

Methodology Continued ...

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