CRT Regulatory Compliance & Age Verification 2 — Questions and Answers
Question 1: Under the Family Smoking Prevention and Tobacco Control Act, which federal agency has primary regulatory authority over tobacco products?
- DEA
- FDA (Correct answer)
- FTC
- ATF
Correct answer: FDA
The FDA gained authority over tobacco products through the Family Smoking Prevention and Tobacco Control Act of 2009.
Question 2: What does the term 'deeming rule' refer to in tobacco regulation?
- A rule requiring retailers to deem a purchase suspicious
- The FDA's extension of authority to cover cigars, pipe tobacco, and other tobacco products (Correct answer)
- A state rule deeming tobacco sales age-restricted
- A retailer policy for verifying age
Correct answer: The FDA's extension of authority to cover cigars, pipe tobacco, and other tobacco products
The FDA's 2016 deeming rule extended federal regulatory authority to previously unregulated tobacco products including premium cigars and pipe tobacco.
Question 3: A customer presents an out-of-state driver's license as age verification. What is the correct action?
- Refuse it — only in-state IDs are acceptable
- Accept it if it appears valid and shows the customer is of legal age (Correct answer)
- Require a second form of ID in addition
- Call the issuing state DMV to verify
Correct answer: Accept it if it appears valid and shows the customer is of legal age
Valid government-issued IDs from any U.S. state are generally acceptable for age verification as long as they appear genuine and unaltered.
Question 4: What minimum age for tobacco sales was established federally by the Tobacco 21 (T21) law effective December 20, 2019?
- 18
- 19
- 20
- 21 (Correct answer)
Correct answer: 21
The federal Tobacco 21 law raised the minimum age to purchase all tobacco products to 21 years nationwide as of December 20, 2019.
Question 5: Which of the following is considered a 'covered tobacco product' under FDA regulations?
- Loose-leaf tea
- Herbal (tobacco-free) pipe blends
- Premium cigars (Correct answer)
- Nicotine-free vapor products
Correct answer: Premium cigars
Premium cigars are covered tobacco products under the FDA's deeming rule, subjecting them to federal regulations.
Question 6: What does a 'mystery shopper' compliance check typically test in a tobacco retail environment?
- Product knowledge of staff
- Whether the retailer sells to underage customers (Correct answer)
- Inventory accuracy
- Price compliance with state laws
Correct answer: Whether the retailer sells to underage customers
Mystery shopper or undercover compliance checks specifically test whether retailers properly verify age and refuse sales to minors.
Question 7: If a state minimum purchase age for tobacco is higher than the federal minimum, which standard must a retailer follow?
- The federal minimum, since federal law supersedes state law
- The state minimum, since it is more protective (Correct answer)
- Whichever the retailer chooses
- The retailer must apply for a waiver
Correct answer: The state minimum, since it is more protective
Retailers must comply with the more restrictive standard; if a state sets a higher minimum age than federal law, the state age requirement applies.
Under the Family Smoking Prevention and Tobacco Control Act, which federal agency has primary regulatory authority over tobacco products?