Regulatory Compliance & Age Verification Flashcards

Which federal law first granted the FDA authority to regulate tobacco products?

Answer: The Family Smoking Prevention and Tobacco Control Act

The Family Smoking Prevention and Tobacco Control Act, signed in 2009, was the landmark law granting FDA regulatory authority over tobacco.

What is the primary purpose of the PACT Act (Prevent All Cigarette Trafficking Act) as it applies to tobacco retailers?

Answer: It restricts the mailing and delivery of cigarettes and smokeless tobacco to prevent tax evasion and underage access

The PACT Act restricts delivery sales of cigarettes and smokeless tobacco, requiring age verification and payment of applicable taxes to prevent tax evasion and sales to minors.

An employee refuses to sell tobacco to an individual who presents what appears to be a valid ID because they 'feel' the customer might be underage. What is the legal standing of this refusal?

Answer: Legal — retailers have the right to refuse any sale for a good-faith reason

Retailers and their employees generally have the legal right to refuse a sale in good faith if they have reasonable doubt about a customer's age, even with an ID present.

Under FDA regulations, required warning statements must appear on smokeless tobacco product labels. Who is responsible for ensuring this labeling compliance at the retail level?

Answer: The manufacturer and importer bear primary labeling responsibility; retailers must not sell products with missing warnings

Manufacturers and importers are responsible for proper labeling; however, retailers should not sell products they know lack required warnings, as this could constitute a violation.

A customer who is visibly 40 years old purchases cigars and does not want to show ID. What is the appropriate action?

Answer: Use judgment; since the customer is clearly over 30 you may proceed without ID

FDA guidelines require ID checks for customers who appear to be under 30; a customer who is visibly well over 30 does not require an ID check under federal rules, though store policy may vary.

What type of signage is federally required to be posted at tobacco retail point-of-sale locations?

Answer: A warning that tobacco products are for adults 21 and older

The FDA requires retailers to post a sign at tobacco point-of-sale stating that tobacco products cannot be sold to anyone under 21.

Which action would most likely constitute a 'straw purchase' in a tobacco retail context?

Answer: An adult buying tobacco products at the request of and for an underage person

A straw purchase occurs when a legal-age adult buys tobacco on behalf of a minor who cannot legally purchase it themselves.