The Synar Amendment is a Substance Abuse and Mental Health Services Administration (SAMHSA) controlled act passed in 1992 with the goal of reducing youth access to tobacco. Named after sponsor and Oklahoma congressman Mike Synar, the amendment gives strict state guidance on the sale procedures for tobacco. Over the nearly 30 years of the Synar Amendment’s implementation, data shows that tobacco sales to minors (gauged by unannounced inspections) has fallen significantly.
The aim of the Synar Amendment is, according to SAMHSA, to enact and enforce laws prohibiting the sale or distribution of tobacco products to individuals under the age of 18. The Substance Abuse Prevention and Treatment Block Grant (SABG) awards are also only given to states that fully comply with the Synar Amendment. The regulation and updates from Public Law 116-94 requires that states:
In addition to setting targets for the states, the Synar Amendment established penalties for noncompliance. The penalty for a state is loss of up to 10% of its Substance Abuse Prevention and Treatment Block Grant (SABG) funds.
A state can avoid the 10% reduction in its SABG funds if the state stipulates that it will spend its own funds to improve compliance with the law. Specifically, under the alternative penalty, a state that fails to meet Synar requirements can submit a corrective action plan to the Assistant Secretary for Mental Health and Substance Use that outlines strategies they will take to reduce the Retail Violation Rate to 20 percent or less.
The results of the random, unannounced inspections show that most states have made significant progress in enforcing youth tobacco access laws and in reducing the percentage of retailers that sell tobacco products to minors. While the national weighted average Retail Violation Rate (RVR) has dramatically fallen since the inception of the Synar program, the rate has increased over the past three years, as seen by this graphic of the percentage of violations over time.
Although the Synar amendment has done much to reduce the amount of tobacco falling into the hands of minors since 1997, the fact that those rates are increasing in recent years shows that stores must work harder to properly implement the act’s procedures. Tobacco retailers should stay vigilant about their sales to be sure not to sell to minors.
Reference: https://www.samhsa.gov/synar/about-synar
For those of you who are unfamiliar with Synar reports and their associated surveys, they are carried out every year by each state to measure the effectiveness of their tobacco programs.
Setting the Stage with Some Simple Facts and Data
According to the CDC, there are about 380,000 tobacco retailers in the US. According to Synar reports, that number is about right.
The Synar reports include surveys that describe the selection and inspection of retail locations by each state. Each report includes a set of data required by the SAMHSA/CSAP which provides three optional tables to report violations related to the sale of tobacco sales to minors. One of these tables is the number of violations by type of retail location.
The data set from 2020 that I’ve compiled is from 50 US states/regions which represent about 310,000 retail locations and 47,000 inspections. The subset of data related specifically to c-store and gas stations is the aggregate of 21 states, over 90,000 locations, almost 12,000 inspections, and almost 1,100 violations.
C-Stores Do Violate the Law More than Other Retailers
Overall, c-stores not only received more inspections than other retailers but also had a higher aggregate violation rate. But… you have to also keep in mind that over 50% of tobacco retail locations are c-store/gas stations and that over 87% of cigarettes are sold through these retailers. So the percentage of inspections shouldn’t be a surprise and are, in fact, in line with buying behaviors.
| Type of Retailer | Locations | Inspections | Violations |
| 92,106 | 11,811 | 1,091 | |
| % Locations | % of Inspections | Violate Rate Per Inspection | |
| Gas Station | 45% | 52% | 11% |
| Tobacco Store | 5% | 6% | 10% |
| Restaurant | 1% | 1% | 5% |
| Hotel | 0% | 0% | 5% |
| Grocery Store | 21% | 21% | 9% |
| Drug Store | 4% | 1% | 2% |
| Missing | 24% | 20% | 8% |
Learn more about how Loss Prevention can help to stay in compliance with age restricted sales of tobacco, alcohol and lottery tickets.
On Jan 1, 2022 the Oregon Laws 2021, chapter 586 (a new ACT) goes into operational effect, requiring retailers to have a tobacco retail license. This is to help bring consistency to the enforcement of cigarette sale compliance across the state of Oregon. Here are a few facts you should know as a cigarette or tobacco retailer:
Colorado also instituted license requirements in 2021 which leaves 9 states without license provisions:
How does Oregon fare against other states when it comes to maximum business penalties for tobacco retail sales violations?
| State/Territory | Maximum Business Penalty | Citation |
|---|---|---|
| American Samoa | No Maximum | A.S.C.A. § 13.1113 |
| Ohio | No Maximum | OHIO REV. CODE ANN. § 2929.21(c)(4) |
| New Mexico | $ 10,000 | SB 131 |
| Rhode Island | $ 10,000 | R.I. GEN. LAWS §§ 44-20-3 and 11-9-13.15 |
| Washington | $ 10,000 | WASH. REV. CODE ANN. § 9A.20.021 |
| Arkansas | $ 5,000 | ARK. CODE ANN. §§ 26-57-226 and 5-4-201 and HB 1980 |
| California | $ 5,000 | CAL. BUS & PROF CODE § 22981 |
| District of Columbia | $ 5,000 | D.C. CODE ANN. § 47-2422 |
| Georgia | $ 5,000 | GA. CODE. ANN. § 48-11-24 |
| Illinois | $ 5,000 | 35 ILL. COMP. STAT. ANN. 130/3-10 |
| Oregon | $ 5,000 | SB 587 |
| Palau | $ 5,000 | 11 PNCA § 1718 |
| Alaska | $ 2,000 | ALASKA STAT. § 43.05.290(h) |
| North Dakota | $ 2,000 | N.D. CENT. CODE § 57-36-33; N.D. CENT. CODE § 12.1-32-01(5) |
| New Hampshire | $ 2,000 | N.H. REV. STAT. ANN. § 651:2(IV)(a) |
| Nevada | $ 2,000 | NEV. REV. STAT. ANN. § 193.140 |
| New York | $ 2,000 | N.Y. TAX LAW § 480-A(3)(a) |
| Texas | $ 2,000 | TEX. TAX CODE ANN. § 154..501(b); TEX. TAX CODE ANN. § 155.201(b) |
| Colorado | $ 1,000 | HB 1001 |
| Connecticut | $ 1,000 | CONN. GEN. STAT. ANN §12-286 |
| Delaware | $ 1,000 | DEL. CODE. ANN. tit. 30, § 5343 |
| Kansas | $ 1,000 | KAN. STAT. ANN. § 79-3322(a) |
| Maryland | $ 1,000 | MD. CODE ANN. BUS. REG. § 16-214(b)(1) |
| Northern Mariana Islands | $ 1,000 | 4 CMC § 50144 |
| Pennsylvania | $ 1,000 | 72 PA. CONS. STAT. § 228-A |
| Utah | $ 1,000 | UTAH CODE ANN. § 76-3-301 and HB 324 |
| Wisconsin | $ 1,000 | WIS. STAT. § 139.44(5) |
| Alabama | $ 500 | HB 41 |
| Florida | $ 500 | FLA. STAT. ANN § 569.005(1) |
| Louisiana | $ 500 | LA. REV. STAT. ANN. §47:859(A) |
| Maine | $ 500 | ME. REV. STAT. ANN. tit. 22, § 1554-B |
| Mississippi | $ 500 | MISS. CODE ANN. § 27-69-7 |
| Montana | $ 500 | MONT. CODE ANN. § 16-11-148 |
| Nebraska | $ 500 | NEB. REV. STAT. § 28-106 |
| U.S. Virgin Islands | $ 500 | 27 V.I.C. § 307 |
| Idaho | $ 300 | IDAHO CODE § 39-5709 |
| Guam | $ 250 | 11 GUAM CODE ANN. § 6307 |
| New Jersey | $ 250 | N.J. REV. STAT. § 54: 40A-24(a) |
| West Virginia | $ 250 | W. VA CODE § 11-12-4a(c) |
| Iowa | $ 200 | IOWA CODE ANN. § 453A.31 |
| Vermont | $ 200 | VT. STAT. ANN. tit. 7, § 1002(e) |
| Minnesota | $ 75 | MINN. STAT. ANN. § 461.12(2) |
| Massachusetts | $ 50 | MASS. GEN. LAWS ANN. ch. 64C § 10 |
| Oklahoma | $ 30 | OKLA. STAT. tit. 68, § 304(2) |
| Arizona | No Provision | |
| Hawaii | No Provision | |
| Indiana | No Provision | |
| Kentucky | No Provision | |
| Marshall Islands | No Provision | |
| Michigan | No Provision | |
| Missouri | No Provision | |
| North Carolina | No Provision | |
| Puerto Rico | No Provision | |
| South Carolina | No Provision | |
| South Dakota | No Provision | |
| Tennessee | No Provision | |
| Virginia | No Provision | |
| Wyoming | No Provision |
References:
https://nccd.cdc.gov/STATESystem/rdPage.aspx?rdReport=OSH_State.CustomReports
https://www.oregonlegislature.gov/bills_laws/lawsstatutes/2021orlaw0586.pdf
https://www.oregon.gov/dor/programs/businesses/Pages/Statewide-Tobacco-Retail-License.aspx
