16 June 2015

Two packets of cigarettes sold to a minor on controlled purchase operation

On 2 June a Controlled Purchase Operation (CPO) for tobacco was conducted in Dunedin, Mosgiel, Milton, Waihola and Balclutha. Staff at two premises sold cigarettes to the volunteer and both been issued with an infringement notice by the Ministry of Health. The maximum fine for selling tobacco to a minor is $500 for an individual or $1,000 for a body corporate.

Southern DHB Smoke-free Enforcement Officer Joanne Lee said that, “we visit retailers to remind them about their responsibility under the Smoke-free legislation and it is important they train their staff accordingly. We always recommend asking for identification when selling tobacco or herbal smoking products to anyone who looks younger than 25 years of age”.

Tobacco retailers are monitored periodically for compliance with the Smoke-free Environments Act 1990, whereby it is illegal to sell tobacco products to persons under the age of 18. Retailers may be selected for inclusion in a CPO because they are in close proximity to schools, they have been warned about selling to minors in the past, or it has been some time since the last operation in the area.

The 15 year old volunteer was refused tobacco at 11 premises because the youth did not have any identification on his person or disclosed his true age when asked. This is a requirement for all volunteers who agree to help with a CPO – the aim is not to ‘trick’ retailers into selling tobacco to a minor but to ensure they are following their legal obligations. “If there is no identification, then there should be no sale”, says Ms Lee. The only acceptable forms of identification are a driver’s licence, passport or a Hospitality Association New Zealand (HANZ) 18+ card.

ENDS

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