Local Tobacco Retailers Found in Violation of State Law

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Wednesday, September 19, 2012 | Categories:
ELMIRA - The Chemung County Health Department reports that two local tobacco vendors sold tobacco to a minor during routine compliance checks. New York State law prohibits the sale of tobacco to anyone less than 18 years old. It further requires tobacco vendors to require photographic proof of age for any individual attempting to purchase tobacco that appears to be less than 25 years old. Listed below is a summary of the most recent violations: -Express Mart #322, 2150 Grand Central Avenue, Horseheads - 8/13/12 - $350 Fine -Hess Mart #32463, 2457 Corning Road, Horseheads - 8/13/12 - $350 fine The owners of Express Mart #322 and Hess Mart #32463 accepted Stipulation Offers that included a lesser penalty than could have been imposed. The respondents have since paid the associated penalties that were part of the Stipulation Offers. New York State Law requires that the names of violators be published when the cases have been finalized. A "point" system for "sale" violations at retail establishments was created in 2002. Typically 2 points are assigned for a "sale" violation. Both of these facilities were only assessed one point for the sale violations because the selling clerks had attended an approved training course. Neither facility had any points on their record prior to these recent sales. The accumulation of 3 or more points will lead to the suspension of their tobacco registration and lottery license by New York State for a period of 6 months. Three points are removed at the conclusion of a license suspension. Additional compliance checks will occur at these facilities as a result of these sales. According to Thomas G. Kump, Director of Environmental Health for the Chemung County Health Department, compliance checks are conducted at least annually at every tobacco retailer in Chemung County. Facilities with points on their record will experience 3 unannounced compliance checks per year. If a sale is made during these compliance checks, facilities can expect the full enforcement of the law. Anyone with questions about the tobacco sale laws can contact Thomas G. Kump at the Chemung County Health Department at 737-2019 or visit their website at www.chemungcountyhealth.org.
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