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Q1. Can
I sell tobacco to a young person who says they are 19
but does not have I.D.? |
A1. |
NO I.D., NO TOBACCO ! The person must be at least
19 years old before they can be sold or given tobacco. |
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| Q2. Can
I sell tobacco to someone under 19 if they give me a
note from a parent? |
A2. |
No! A note from the parent, whether
it be signed or not, is not acceptable. Phone calls from
parents are also not acceptable. The Smoke Free Ontario Act requires that the person being sold
or given tobacco products
must be 19 years or older. You should explain to the youth and the parent
that adults must come into the store
in person if they want to buy tobacco. |
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| Q3. How
can I identify customers who are not 19 years old? |
A3. |
The only way to know a customer's real age is to ask to see their identification.
Clerks who sell tobacco products
must ask any customer who appears to be under 25 for their identification.
Anyone who looks like they are in
elementary or secondary school, college or university should be asked for
I.D. |
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Q4. Can
I accept out-of-province I.D.? |
A4. |
Yes. Under the Smoke Free Ontario Act, an item of identification is allowed if it includes a photograph of the person, states his or her date of birth, and reasonably appears to have been issued by a government. A retailer can accept the six I.D.s as listed in the Smoke Free Ontario Act. The following I.D. is acceptable: Drivers License, LCBO Photo Card, Passport, Canadian Citizenship Card and Canadian Armed Forces I.D. Card. |
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| Q5. The
Ontario Health Card has a picture and a date of birth
on it. Can I accept it? |
A5. |
Yes. * A heath card can be shown voluntarily as I.D. by a customer, but a retailer cannot ask the customer to show a health card. |
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| Q6. What
should I do if a young person shows me a Driver's Licence
but the photo doesn't look like them? |
A6. |
DON'T SELL! If you think the photo doesn't
look like the customer, the I.D. may have been altered or be fake. |
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| Q7. I
see the same customer all the time when I work. Do I
have to ask for their identification every time? |
A7. |
It is a good idea to always ask for I.D. This is especially so when you
get busy, and it's easy to forget. However,
when the customer is a family member or you have seen their I.D. on previous
occasions and you know the
customer's exact date of birth and that they are 19 years old or older,
then it's OK not to ask. |
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| Q8. How
old does a store employee have to be to sell tobacco? |
A8. |
Under the Smoke Free Ontario Act,
an employee selling tobacco can be any age. However, it is
the
responsibility of the owner/manager to make sure that all employees have
been trained and know about the SFO Act.
They must ask for identification before selling tobacco products to customers.
Any employee who sells tobacco
products to anyone under 19 will be charged. The store owner and corporation
may also be charged. |
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| Q9. Can
I sell single cigarettes if they can't buy a whole pack? |
A9. |
No. Under the Smoke Free Ontario Act, it is against the law to sell single
cigarettes to anyone. Cigarettes
must be sold in packs of 20 or more. You will be charged. You could be
fined and lose your license to sell tobacco
after 2 charges. |
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| Q10. Can
I sell rolling papers to kids? |
A10. |
No.
Under federal law, a person must prove that they are at
least 18 years old to buy rolling papers. Remember,
in Ontario, they must prove to you that they are 19 years old before you
can sell them tobacco. http://laws.justice.gc.ca/en/ShowFullDoc/cs/T-11.5///en |
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| Q11. Can
I sell matches and lighters to kids? |
A11. |
Yes, under the Smoke Free Ontario Act,
you can. However, many retailers refuse to sell them due
to safety concerns. Children can be seriously injured from
playing with matches or lighters, not to mention the potenial
damage to property. |
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| Q12. One
of my employees sold to a youth who was under 19. Am
I in trouble? |
A12. |
The answer is yes, you could be. The person who sold the cigarettes to
the youth will be charged under the
Smoke Free Ontario Act and will face a minimum fine of $300. You and your company
or corporation may
also be charged. Remember, it is your job to educate your staff about
the sale of tobacco and the law. |
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| Q13. Can
a store lose its right to sell tobacco? |
A13. |
Yes, if there
are two or more convictions for selling tobacco to anyone
under 19 within a 5 year time period your
store will have a Tobacco Sales Prohibition. Your store would not be allowed
to sell or keep tobacco in the store
for 6 months. This prohibition remains in effect even if the store is sold
to someone else. |
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Q14. If
someone is threatening me and does not leave my store
after I refuse to sell them cigarettes,
what can I do? |
A14. |
Do not argue or threaten the youth in any way. Try to stay calm. Call the
police for help. |
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| Q15. What
should I do if I think an adult is buying cigarettes
for a youth who is standing just outside of the
store? |
A15. |
If you believe that the adult buying the
cigarettes is then going to give them to the youth outside
you should
politely refuse the sale.Tell them they are breaking the law. Under the
Smoke Free Ontario Act they can
be charged. It's illegal for anybody
to sell or give cigarettes to youth
under 19. Requests for multiple types of cigarettes at one time are particularly
suspicious. |
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| Q16. Do
I need any special signs if my store sells cigarettes? |
A16. |
Yes! You need three signs, all of which
are available from your local health unit. One large red and black "Age Restriction and Health Warning" sign must be at the tobacco display. Two smaller Government I.D. signs must be placed at the check out so that one faces the customer and one faces the clerk. Also remember that the store requires "No Smoking" signs on all entrances.
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| Q17. How
can I get new signs or replace signs that have been damaged? |
A17. |
Just call your local public health agency. The phone number should be on
the inside cover of your NTK binder. Remember, you can be charged for
not displaying signs required under the Smoke Free Ontario Act. |
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| Q18. Where
should I post the NOT TO KIDS signs that are included
in the binder? |
A18. |
You can post the NOT TO KIDS signs anywhere in your store where your customers
can see them. These signs
do not replace the signs required by the Smoke Free Ontario Act. Make sure
that the black and red "Age Restriction and Warning " and "Government I.D. ." signs are posted in your store, along with No Smoking signs. |
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