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.

INCREASE IN SALES RATE TO MINOR IN 2013

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

Summary of Troop Area Non Compliance Rates for Nebraska 1995 to 2013

Troop Area Headquarters Troop A Troop B Troop C Troop D Troop E Statewide (Weighted) 
Omaha Non Omaha
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 2013 the Cooperating Individuals ( individuals between 15 and 17 years of age), and peace officers conducted compliance checks at 383 retailers in the state.  The table below summarizes the results of the compliance checks and the 63 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 2013 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 35.7 230 38 2 5.3
Area A - Omaha 440 58 6 10.3
Area B 16.5 468 75 13 17.3
Area C 12.6 369 58 3 5.2
Area D 6.3 266 39 11 28.2
Area E 5.2 178 25 5 20.0
HeadQuarters 23.7 571 90 23 25.6
​State ​100 ​2,522 ​383 ​63 ​16.4

 

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.  Retailers issued citations.

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 FFY 2013 (November 2012)  PDF FFY 2012 (December 2011)   PDF FFY 2011 (November 2010)  PDF FFY 2010 (November 2009),  PDF FFY 2009   (November 2008) and summarize activities of compliance checks and tobacco related activities of the Division through  September.

Municipal and County Clerks Responded to January 2013 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. This information is combined with a commercial list to obtain a sample to be used to conduct compliance checks. The list of licensees is available by contacting the Division. In January 2013, 93 of 93 county clerks responded to the Division's request and information was received for all but 3 of 531 municipalities - PDF 2013 Map shows whether the county or municipality has tobacco licensees.
 
Every three to four 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.  Nebraska state agencies are working with the FDA to begin compliance checks under this authority.  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 summarized at: http://www.neded.org/files/assist/tobaclic.html

 

For more information, contact:
Robert Bussard, or Renee Faber
(Robert.Bussard@Nebraska.Gov) or (Renee.Faber@Nebraska.gov)
Division of Behavioral Health     
P.O. Box 95026
Lincoln, NE 68509-5026
Phone:  Bob (402) 471-7821 or  Renee (402) 471-7772

Page last updated:  12/10/2012


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