Statewide Tobacco Compliance Checks
SYNAR Fact Sheet

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As part of the Nebraska comprehensive tobacco cessation and merchant education process the state checks to see if youth under 18 can buy tobacco products. Below is a table showing the rate of sales to minors for selected years since 1995. Nebraska has dropped below 20 percent sales rate to minors in checks conducted by the Nebraska State Patrol and local Peace Officers. The goal is to have a violation rate across the state of less than 10 percent.

2015 Non-Compliance Rate Falls Below 10 Percent

Checks are conducted throughout the year and summarized into regional and statewide rates.

Summary of Troop Area Non-Compliance Rates for Nebraska 1995 to 2015
Troop Area Headquarters Troop A Troop B Troop C Troop D Troop E Statewide (Weighted) 
Omaha Non Omaha
2015 10.0 3.1 8.8 12.2 3.2 22 0.0 9.0
2014 ​26.0 ​7.7 ​0.0 ​26.7 ​10.1 ​12.8 ​12.5 16.3
2013 25.6​ ​10.3 ​5.3 ​17.3 ​5.2 ​28.2 ​20.0 16.4
2012 ​10.8 ​11.6 ​3.2 ​16.1 ​13.6 ​28.6 ​13.8 14.0
2011 ​14.1 ​4.5 ​12.5 ​6.9 ​10.9 ​20.0 ​8.0 10.7
2010 10.6 7.3 6.8 8.5 13.8 20.0 10.3 10.7
2009 15.6 6.1 20.3 13.5 11.7 19.3 15.4 13.5
2008 8.7 5.1 8.5 10.8 22.1 25.3 10.0 12.2
2007 13.6 3.0 8.1 5.8 14.5 25.2 16.1 11.5
2006 18.7 7.6 20.9 4.7 13.9 31.7 12.7 14.7
2005   14.1 11.2 4.5 15.2  8.5 7.6 10.7
2004 16.0 16.3 2.5 21.2 21.0 21.7 16.0
2003 19.0 10.7 9.2 22.4 18.8 19.2 15.8
2002 27.5 13.6 5.1 29.8 23.0 19.3 18.6
2001 28.2 13.8 6.3 22.2 26.5 23.7 18.8
2000 26.4 4.4 12.6 15.9 19.0 21.1 14.8
1999 28.1 16.8 15.4 35.7 23.6 27.1 23.1
1998 25.6 21.8 12.2 28.3 23.8 41.7 23.8
1997 20.1 20.1 17.9 29.2 21.5 41.5 24.3
1996 26.2 29.0 29.5 25.0 58.0 42.5 32.2
1995 65.5 54.5 28.6 32.0 75.0 18.6 42.9
 


During the first three quarters of CY 2015 the cooperating individuals (individuals between 15 and 17 years of age), and peace officers conducted compliance checks at 436 retailers in the state.  The table below summarizes the results of the compliance checks and the 37 retailers who sold to the cooperating individual.  Compliance checks used for this study are conducted in a strict statewide random sampling procedure.  Your local community coalition may be working to conduct checks, and retailer education in your community.

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Nebraska 2015 Synar Checks
Troop Area Percent of State's under 18 Population Estimated Outlet Population Number of Sampled Outlets Number of Violations Retail Violation Percent (Unweighted)
Area A - Non Omaha 35.7 216 35 3 8.8
Area A - Omaha 361 67 2 3.1
Area B 16.5 476 88 9 12.2
Area C 12.6 350 65 2 3.2
Area D 6.3 272 50 11 22.0
Area E 5.2 161 30 0 0.0
HeadQuarters 23.7 547 101 10 10.0
​State ​100 2,383 436 37 9.0

 

COMPLIANCE CHECK PROCEDURES

The Nebraska State Patrol goes out and checks for tobacco sales to minors. A PDF standard protocol is used. Cooperating individuals (persons under age for product purchases) sign PDF an agreement. A standard PDF reporting form is used. These standards are used by all law enforcement agencies in the state to conduct tobacco checks.  Checks are made by staff of each of the Nebraska State Patrol troop areas ( Map)

CITATIONS ISSUED

 Compliance checks are carried out by law enforcement agencies.  Compliance checks are an enforcement effort with citations issued to either the clerk or the retailer. 

SYNAR Reports:

Complete SYNAR reports are available as part of the Federal Fiscal Year (FFY) Substance Abuse Prevention and Treatment Block Grant application for application year  and summarize activities of compliance checks and tobacco related activities of the Division through  September. Contact the Division for copies of this report.

Municipal and County Clerks Responded to January 2016 Request for Tobacco Licensing Information

Annually the Division of Behavioral Health conducts a survey of the county and municipal clerks to obtain retail licensee holders names and address. The list of licensees is available by contacting the Division. In January 2016, 93 of 93 county clerks responded to the Division's request and information was received for all but 10 of 531 municipalities.
 
Every five years the Division undertakes a survey to review the completeness of the list used to draw the sample for compliance checks. In 2010 the PDF Sampling Frame Coverage study found the list to be 95 % accurate.
 
United States Food and Drug Administration Tobacco Activities:
 
Authorized under the Family Smoking and Tobacco Control Act (Tobacco Control Act) (2009), the Federal Food and Drug Administration has authority to regulate the manufacture, marketing, and distribution of tobacco products to protect the public health generally and to reduce tobacco use by minors.  Retailers, community groups and interested parties can check out the FDA web site for more information and guidance on the FDA's tobacco activities: http://www.fda.gov/TobaccoProducts/default.htm .

 

Nebraska Tobacco Laws:

Nebraska has an array of tobacco laws including laws related to indoor smoking, underage possession, and licensure.  These laws are available through the Unicameral's website.  

 

For more information, contact:
David DeVries, or Renee Faber
(David.Devries@nebraska.gov) or (Renee.Faber@Nebraska.gov)
Division of Behavioral Health     
P.O. Box 95026
Lincoln, NE 68509-5026
Phone:  David (402) 471-7793 or  Renee (402) 471-7772

 


 

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